Sep 18, 2019

Murder, manslaughter or self defense ruling for Brian Leiteritz?


Brian Leiteritz is charged with the murder of Dylon Liakos.

From Findlaw: "Murder in California rrequires a showing of 'malice aforethought,' which refers to the defendant's intent or state of mind. To prove a murder, the prosecutor must show that the defendant had express or implied malice. "

From Shouselaw: "A person commits voluntary manslaughter when he or she kills another human being during a sudden quarrel, in the heat of passion, or based on an honest but unreasonable belief in the need to defend oneself (imperfect self-defense)."

From Shouselaw: "Involuntary manslaughter is when you kill another person without malice,without an intent to kill, and without conscious disregard for human life."

From Shouselaw: " Self defense  means that you need to have: reasonably believed that you were in imminent danger of being killed, injured, or touched unlawfully or reasonably believed that you needed to use force to prevent that from happening and used no more force than was necessary to prevent that from happening."

Judge Marilyn Miles will rule based on the evidence she has heard. The standard for a preliminary hearing is different than a jury trial.

I don't think the District Attorney has proved murder, so far, on Day 3 of the preliminary hearing.

Leiteritz said, he was going after them and he opened his door. If he is in imminent danger, why open the door and why go after the threat knowing there are three people out there? The defense can claim self defense all they want but they have to back it up with evidence.

So far, based on the evidence presented at the preliminary hearing, sounds more like voluntary manslaughter.

Previous post:
https://johnchiv.blogspot.com/2019/09/they-are-trying-to-break-into-my-house.html?m=1

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