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I would like to discuss the recent road rage incident which took place on the Manhattan ramp to the outbound George Washington Bridge.
Evidently what happened was (1) there were two totally unrelated men both driving home at the end of the day; (2) The alleged shooter was a 62 year old retired NYPD detective named Victor Romero; (3) the victim was an off duty Con Ed worker named Koran Irvine; (4) the two had some sort of dispute over a lane change which didn't work out; and (5) Romero (allegedly) opened fire against Irving, killing him with a shot to the neck.
(I should mention that traffic in that area is almost always rather intense, drivers tend to be aggressive, and it's pretty common for people to end up in situations where they are honking their horns, yelling at each other, etc.)
In any event, based on photographs it appears that Koran Irvine was black. I haven't seen his picture, but I would guess with high probability that the (alleged) shooter is white based on his name. (The NYC area has lots of white guys with Italian-American sounding names.)
Anyway, what's interesting to me is that New York County has a Soros-style DA, Alvin Bragg. So it seems like this is a mouthwatering opportunity for him to throw the book at a white guy for shooting and killing a black guy. Especially since the black guy seems like a sympathetic victim (he apparently has a full time job and is married with children). And yet I read that the charges against Romero have already been reduced from murder to manslaughter and that he's out on bail.
What's going on here? Is my theory of mind about Alvin Bragg off the mark?
ETA: By the way, I am not familiar with the New York law of homicide, but I am aware that in general there is a principle called the "depraved heart" doctrine. The idea is that some acts are so reckless that they will imply the necessary intent for murder even in the absence of premeditation or deliberation. The classic example of this is discharging a firearm into a building which is known by the shooter to be occupied. So it seems like there is a basis here to charge the (alleged) shooter with murder even if it was just a spontaneous road rage incident.
I mean as far as I can tell from the available news about the case manslaughter is the appropriate charge, the shooter fired one shot in a moment of emotion and it can be credibly claimed to be a freak accident it hit the guy at all.
They should probably throw the book at him because supposedly the road rage was triggered by basically nothing, but inappropriate charges will just let him walk.
"Freak accident" is a bit much, but road rage killings do seem to meet the definition for manslaughter - strong emotion, little malice aforethought.
I really don't understand road rage. I have thoughtful, patient friends who get behind the wheel and suddenly become raging monsters at the slightest provocation. Seems to me that if you are prone to crashing out on the road you shouldn't carry your revolver with you, but whatever.
Also, seems Romeo retired in his 30s after being shot in the shoulder.
See my above comment, but road rage is very much not the definition of manslaughter. Manslaughter requires an unusual emotional disturbance predicated on an amount of provocation that would cause an ordinary person to snap. There was a road rage killing in Pittsburgh this summer where a guy got out of his car and shot a guy who didn't pull all the way up to the stop line at a red light. This isn't the kind of thing where we say "Oh yeah, I totally understand why he would have flown off the handle and killed someone".
Oh interesting, thanks for the correction. Out of curiosity, what would be an example of provocation that would cause an ordinary person to snap? If they both got out of their cars and started exchanging harsh words, would that lean towards manslaughter?
The canonical example is a spouse walking in on an act of adultery and killing one of the parties. Some states require that the act be illegal. So something like finding out your son's baseball coach was molesting him or that your employee drained the company funds to finance a gambling spree might qualify. Some states have held that it's a sort of modified version of the battered wife defense, where long-term domestic abuse would count as sufficient provocation to reduce the charges to manslaughter if the provocation weren't severe enough to be justifiable self-defense. In the same vein, some states allow manslaughter in the case of incomplete self-defense, where the defendant genuinely but unreasonably feared for his life. Mutual combat would be another example, where the perpetrator develops the intent to kill during the course of the fight. I would also add that the killing has to take place before the perpetrator has time to reflect on his actions. If the coach admits he's been abusing your son and your immediate reaction is to beat him to death, that's a better case than if you drove to his house armed after your son told you he'd been abused. But, like I said, it's reserved for unusual cases where a juror would say "I understand that as a society we can't allow people to get away with this, but I understand why the guy would have gone to those extremes". It's not for cases—like getting dumped, or fired, or cut off in traffic—that normal people experience on a regular basis without getting the urge to kill.
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