murder in first degree and murder in the second degree. Two murder charges for one “murder.”
I don’t know enough about NY state law, but I do know that there are states where a jury has an option between finding guilty on a greater or lesser charge. Maybe that’s what’s going on?
Yeah, the first degree one is probably a long shot, where they hope to set a precedent where shooting a high profile CEO / politician is now terrorism, which means they can use all the terrorist laws to surveil activists and anyone who disagrees with the current system (I mean, they already do that, but they want to expand the legal basis for it where they can).
They also tried to use terrorism laws on the activists trying to stop cop city in Atlanta. The thing people warned about when the PATRIOT Act passed is slowly happening. They start with a law to stop terrorists and pedophiles, and slowly they expand the use of it until it applies to everyone.
The definition of “terrorism” is more specific under NY law than federal. The specific definition related to a first degree murder charge is:
(b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or coercion; or
(iii) affect the conduct of a unit of government by murder, assassination or kidnapping.
It seems extremely unlikely they’d be able to get any of these to stick, and none of the other cases under which someone may be convicted of first degree murder apply here, hands down. This is why the second degree murder charge, because first degree murder is almost certain to be unsuccessful for the prosecution.
