First Degree Murder?
A story that was lost, at least by me, in the ether of the holidays was the tragic death of Delaware City firefighter Michelle Smith on December 22, 2008 as a result of a car hitting her while she tended to another man who was injured in another accident. The details are more sinister than I describe:
[Joseph M. Taye Jr., 28, of Bear,] allegedly was at the wheel of a 2004 BMW on Dec. 20, driving at a high rate of speed southbound on U.S. 13, when he sideswiped a marked county police car stationed at the scene of a motorcycle accident [motorcyclist Edward Reiss, 30, of New Castle,] was involved in, lost control of the car and plowed into Reiss and [firefighter Michelle] Smith, who was on the ground attending to Reiss’ injuries.
Taye then reportedly pulled the BMW, owned by his girlfriend, to a stop on the right shoulder of the highway beyond the crash site, where a light-colored Honda pulled up next to him. A passenger in the Honda allegedly pulled Taye, who is paraplegic, out of his car and put him in the Honda, which then sped away from the scene, police say.
Detectives are still searching for the Honda and the people in it. Smith, a volunteer firefighter for Delaware City and Volunteer Hose Company of Middletown, was taken to Christiana Hospital, where she died two days later of her injuries..
Taye was apprended after his hit and run and originally charged with manslaughter for the death of Smith and second degree assault for the injuries the biker received. But last week, those charges were increased to first degree murder and first degree assault, respectively, by the State Attorney General’s office. The reason given by the AG’s office for upgrading the charges? Corporal Gary Fournier, the DE State Police spokesman, says they were upgraded because Smith was “performing her official duty.”
That makes no sense at all. First, the status of the victim is an aggravating factor to consider in sentencing, not in the original charges. Indeed, the difference between first degree murder and manslaughter is not the status of the victim, but rather the intent of the charged. First degree murder is murder with intent and malice aforethought. Smith being a firefighter does not raise Taye’s intent.
Second, the assault charge on the biker injured in the hit and run were also raised from second degree to first degree. But the AG’s reasoning for the increase cannot be applicable here, since Reiss, the biker, was not performing any official duties. He had no official duties to perform. He is not a firefighter. He is not an EMT. He is not a policeman. He is a biker who wiped out on Route 13. He had already performed his duty prior to the hit and run. So this accompanying increase of the degree on the assault charge reveals it all to be bullshit. The book is being thrown at Mr. Taye, but the state has no legal reason for it.
Don’t get me wrong, what Mr. Taye did was horrible, and his actions resulted in the death of one of our public servants and he should pay the price. The appropriate price, however, is manslaughter charges, or, at most, second degree murder (for he was showing a reckless indifference for human life driving a car while paralyzed from the waist down).
I guess Beau really doesn’t know.
Man, it would really suck if Taye is acquitted of murder; he would then be immune, right?
I can understand the AG’s office eagerness to drop an anvil on this guy.
I hope their eagerness didn’t open an escape route for this POS.
Anon…
Yes, he would have immunity for lesser included charges. This is the work of Gebelein, not Beau. I suspect this is a plea bargain tactic. This case will not go to trial. The AG wants the plea bargain to be manslaughter, not something less than that.
I couldn’t give a rat’s ass about asshole Taye, especially after I learned he did this in Maryland, too, causing life-long injuries to a teenager. The prosecutors somehow couldn’t get a serious charge to stick, so he got a lesser charge and we know what happened with his resulting freedom. This bastard can rot in jail. He didn’t give a living fuck about anyone else’s safety (via the manner in which he operated a vehicle).
All of that vented, I actually had this same argument (somewhat, anyway) with a friend about a murder-one charge. My concern is that it’s too severe, given the burden of proof, and the prosecution will blow it and let this asshole walk.
Here is what I know from some insider info:
– Second Degree will be the ultimate charge before this ends (leaving room for plea-bargaining or lower the charge just before court date)
– Taye operated the pedals WITH A STICK!
– Speculation Taye was returning from a drug transaction (combine with the second point, creates extreme malice)
– Past criminal history of similar circumstance
at most, second degree murder (for he was showing a reckless indifference for human life driving a car while paralyzed from the waist down).
Whoa whoa… they have vehicles where all of the controls are on the steering wheel so the paralyzed or people with artificial limbs can drive.
That is a perfectly acceptable practice.
This is the work of Gebelein, not Beau. I suspect this is a plea bargain tactic.
I take it back… Beau does know. I spoke too hastily. I assumed it was just some piling on to satisfy the uniformed services/LE crowd.
Although I am not a fan of the plea bargain game, I hope it works in this case.
but not with a stick, WTF?!
Shields…
He was not driving one of those vehicles. He was driving his girlfriend’s BMW that did not have those steering wheel controls. As Rsmitty notes, he was operating the gas and brake pedals with a stick! That is reckless indifference.
Rsmitty..
I share your anger, but I have a bigger concern: this guy is gonna get off if the charges remain as they are now. He will be convicted of the other smaller crimes, like leaving the scene and failing to report. But he will be acquitted of 1st degree, for he did not possess the requisite intent.
If I were the defense attorney here, I would go to trial.
I share your anger, but I have a bigger concern: this guy is gonna get off if the charges remain as they are now
I had that same point when I discussed this topic with a friend (see my first comment).
My insider-info sources are from people within the ranks of EMTs and professional Paramedics, so the info can certainly be emotionally-charged and exaggerated, but I did hear more than once about expectation of murder-2 to be goal (this after murder-1 was annouced). Additionally, as you more-or-less noted, shooting the moon up front (murder-1) to ultimately settle to murder-2 is one of a few tried-and-true strategies out there.
Except that’s not how the game works. A smart defense attorney would call the bluff on this overreach and force the state to prosecute it as 1st-degree — which would be child’s play to defend.
They can lower the charge, which I am sure they would do in this case.
DDem…if it went to court, is it allowable to go with both a murder-1 and murder-2 in play (I realize only one can bring a conviction, not both)?
I do believe so. But that is not what they are doing right now. They can argue two different theories.
Precisely my concern, anon.
DD – Legally speaking, can’t the victim’s status create the condition of a harsher charge (not just an agrivating factor in sentencing)? Like killing a cop or bashing a gay guy simply because he’s gay, etc. I hold fire-fighters in higher regard than coppers… but my educated non-legal opinion is Murder 2 due to depraved indifference… harsher than manslaughter but not Murder 1.
The guy who did this is a real jerk but I am a little concerned with the trend of treating the deaths of law enforcement officials as more important than the deaths of other individuals.
Depraved indifference is provable. Premeditation is not.
Dorian–
No. That is my point. It can’t. It can create a harsher sentence, or it can lead to the charging of a different crime (i.e. assaulting a police officer or other public safety officer is a distinct separate crime). But that is not what is happening here. They are going for the gold with First Degree Murder, and they can’t prove that.
I think you are right though, Murder 2 is appropriate. Depraved Indifference.
friggin’ sad story.
Jack McCoy wouldn’t push it; he’d go for 2nd degree murder…and as a jail house lawyer, I would too….
Going for M-1 increases the pressure to plead to M-2. And if the younger Mr Biden runs for the Senate in two years, his minions want to be in line to run for Attorney General, and have a good, “tough on crime” record.