should he be charged?

[Papa_Complex]

Originally Posted by OneSickPsycho

Right... which was my point.

Ok, so the guy busts in and sees his daughter being fondled... he grabs the guy and tosses him to the ground, punching him a couple of times and the dude dies... He protected his daughter. Now, let's say the guy does EXACTLY the same thing, except he hits the guy literally 100x in the face with a brick... he protected his daughter and committed manslaughter. Simple.

As a question of law, it would matter whether he was already carrying the brick when he walked in on the act, in progress. If he stopped to pick one up, then it shows forethought. As he beat the guy to death with his hands, not so much. As AMJ says no DA is going to want to go forward with such a case, if the medical evidence proves out. Certainly not if he has a hope of re-election.