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GreenAnder t1_isbdbj3 wrote

Reply to comment by PhillyPanda in Police arrest second suspect in Roxborough High School shooting by atwork925

If all that is true then there is no definition under the law that would have stuck to this guy, your claim that the DA didn't meet the burden of proof is technically true but functionally meaningless. He fell through a loophole in PA law, they couldn't even have charged him with aggravated assault of an unborn child since he had no way of knowing the woman was pregnant.

All that taken into account he wasn't 'innocent', he just wasn't guilty of the charges because PA doesn't have a statute that fits the crime he committed. That was likely the reasoning behind the higher than normal bail amount.

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PhillyPanda t1_isbe9m8 wrote

Except you can get third degree murder charges to stick for what he did (driving drunk at high speeds), it does happen. Was probably more likely if he’d chosen a jury trial bc of how sympathetic the jury would be. A bench trial was probably a strategic move on the part of the defense as the judge is more likely to stick to the letter of the law vs sympathy. It was a reach of a charge but it was possible, I wouldn’t say the judge tossed the charges, I also wouldn’t say the prosecution was incompetent.

There should be an involuntary manslaughter charge for unborn children. There’s a voluntary manslaughter charge. Seems like a bad oversight. There should be a slam dunk charge just like there is for born people.

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