• @shalafi@lemmy.world
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    11 day ago

    He was charged with terrorism to get a 1st degree murder charge in New York state. Otherwise, they couldn’t charge that. Cute post, but it’s not what happened.

    A charge of murder in the first degree is rare in New York because it requires special elements related to the crime to be charged.

    Under state law, murder in the first degree only applies to a narrow list of aggravating circumstances, including when the victim is a judge, a police officer or a first responder, or when the killing involves a murder-for-hire or an intent to commit terrorism.

    So yeah, they’re risking a bit hitting him with that, and yeah, they’re going out on a limb because of who the victim was.

    • @forrgott@lemm.ee
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      171 day ago

      I don’t understand how this is the gotcha you think it is. Like, honestly, this sounds like an argument in favor of the guy you’re talking to.

      So umm, yeah…

      • @finitebanjo@lemmy.world
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        924 hours ago

        Dylann Roof didn’t need terrorism for his charges to stick, he was charged with 33 federal counts and 9 state counts of murder in South Carolina, then given the death sentence.

        If Dylann killed people in New York it would be different charges because it is a different court with different laws.

        Comparing the two really isn’t doing Luigi any favors, btw.

      • @4am@lemm.ee
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        91 day ago

        I don’t think that they’re trying to make a “gotcha” here. That’s literally the facts of what happened. And, just as they stated, they’re going out on a limb and it could backfire.

        • go $fsck yourself
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          71 day ago

          Cute post, but it’s not what happened.

          Nothing they said refuted anything or disproved anything about the original post.