Let's see now. A guy walks into another persons residence. Looking for money or
drugs or both. A guy whose home it is, insults a relative of the burglar, excuse
me, unwanted guest. The guy pulls a gun in another person's home, pistol whips
him and in the process, somebody gets shot and killed. Am I splitting hairs or
does that simply mean that he was commiting a felony and is able to reap the
blessing of a 1st degree murder charge. Whether it went off or not accidentally,
doesn't matter to the people I hand around with. It was a felony, not an
accident. Give him life in prison or the death sentence.
Why would Jonathan Fithian have thought Paul Butterfield was in possession of
drugs? Mr. Fithian accepted a plea bargain to a lessor included offense. It
happens every day.
Correct me if I'm wrong, if somebody dies while you are commiting a Felony,
aren't you guilty of 1st Degree Murder? Last time I checked Assault with a
Deadly Weapon is a Felony. If he pulled the gun he's guilty of murder
regardless of if it accidentally discharged or not.