• eatthecake@lemmy.world
    link
    fedilink
    arrow-up
    47
    arrow-down
    2
    ·
    edit-2
    6 months ago

    How is this not first degree murder? He admitted to trying to kill her before and depression is not a defence for murder.

    • catloaf@lemm.ee
      link
      fedilink
      English
      arrow-up
      31
      arrow-down
      1
      ·
      6 months ago

      I guess they don’t think it would stick. In Missouri, murder in the first degree is “if he or she knowingly causes the death of another person after deliberation upon the matter”. The defense would probably argue that in this instance, he did not deliberate, but took advantage of a brief opportunity.

      I don’t know how true that is, but it seems like a likely argument.

      • eatthecake@lemmy.world
        link
        fedilink
        arrow-up
        18
        ·
        6 months ago

        Except he admitted to having deliberated on it and tried it before, he had also planned it on a third occasion. This could not have been more premeditated.