Could this be a case of wrongful death?

What is the name of your state? Delaware

My 28 year old son died recently, possibly suicide (that's what his girlfriend "Mary" said, evidence is still being processed). "John" has dated Mary for about 2 years, and the girl is a nutcase. At first she would come by our house until I found out she was exposing herself to my younger boys and sending obscene e-mails to them (first police intervention). Mary got John to get an apartment and she moved in with him but would not allow him to tell us where they were living. I could go on and on with examples of how she systematically isolated him from his friends and family (e.g. calling his best friend's wife with "evidence" of the friend's alleged affair to break them up - wife got restraining order against Mary). In the past weeks/months, John has been trying to leave Mary - she knocked him out with a lamp, told him she would kill him/kill herself, etc. I think she is a sociopath - since he died she is calling us at all hours demanding any and all possessions he has she she deserves them and she does not seem at all upset that he is gone! Well, I wanted to keep this fairly short, but do any of you know of wrongful death cases where an abusive, controlling "significant other" either killed or drove the victim to suicide?

My response:

Ma'am, what is your "legal" question?

There are innumerable instances of all sorts of crimes in these United States, including the one you allegedly describe.

However, you don't know the "cause of death" at the time. Therefore, when you do, let us know, and ask your legal question at that time.

IAAL

Sorry - the cause of death was a gunshot to the head. My son was shot from close range in front and the bullet travelled through his face on an upward angle. Both his and his girlfriend's fingerprints were on the gun, and both had powder burns on their hands. She insists he committed suicide, the coroner's report says the cause of death may be suicide but it is inconclusive.

Does that help on that?

And my legal question was whether someone who was abusive and possibly drove the victim to suicide could be considered liable for wrongful death. Sorry I did not make that clear.

Tabbico said:

And my legal question was whether someone who was abusive and possibly drove the victim to suicide could be considered liable for wrongful death. Sorry I did not make that clear.

Click to expand...

"Driving someone to suicide" is not a recognized crime in this country. On the other hand, shooting them in the face is pretty much a felony no matter where you go (even Texas). You'll need proof of death one way or another before you can determine your next move.

You can have a private pathologist review the autopsy specimins/slides/etc. if you feel the coroner isn't doing a good job, but you'll have to pay for it.

By the way, do you have any pictures of this Mary woman? Is she attractive?

I do not find her attractive. She is young, long dark hair, but slightly cross-eyed (don't mean anything derogatory here but it gives her a "I'm not looking at you" look when she talks to you that is a bit disturbing), rarely smiles, and slumps when she walks. She has a violent temper and acts very strangely. I know this is a weird answer to "is she attractive?" but I find personality adds a lot to physical appearance. She says she has money.

I think one aspect of all of this that is in the back of my head is "cults." For example, Jim Jones got his followers to commit mass suicide in Guyana; Charles Manson got his girls to commit murder. Along with everything else, I was trying to find out if there is any legal precedent for - gosh, I guess you would call it brainwashing.

IAAL was trying to get at another issue - if Crazy Cult Woman has no significant assets, what purpose does suing her serve? You won't get anything.


I, on the other hand, think she sounds like a fun date, (except for that whole murders-her-boyfriend thing). What are the police doing now? Are they still investigating?

I'm sorry for your loss.

The woman you call a "nutcase" has a history of exposing herself and a restraining order so at least 2 episodes documented by law enforcement that you know of. The trouble is, we often look for logic in actions but there may be no logic when there is mental illness whether it is a personality disorder or psychopathy.

Was the head bashing incident reported to the police? Has anyone checked for a list of incident reports. Has she ever been under the care of a psychologist or psychiatrist? Is she on any medications? Has she explained why her fingerprints are on the gun and the gunpowder on her hands, trying to take the gun away?

How was your son's mental health before this relationship? Were they both working and able to support themselves? Is there any motive for killing your son. Remember, it may not be obvious. Undue influence? Does anyone know her family? You might be surprised what they might say. Without more evidence or a cause of death pointing to foul play it may take some persistance to get justice what ever form it takes. Is anyone else in danger?

OK, son's mental health before he met her was great. Hers I don't think ever has been. When she first started dating my son, her mother wrote him a letter (he is a Jr. and the letter was addressed to "John Smith" so my husband opened it and we read it by accident) telling him not to get involved with her daughter because of "dangerous sexual problems" and more. I am sure she has a history of mental illness.


You are guilty, here is what a fun date with "Mary" is like. She comes to your house and your very friendly dog jumps up on her. She starts screaming and crying and only will stop when you talk baby talk to her. You take her to a restaurant and they bring her a plate with beef. She throws it in the face of the waiter and accuses him of trying to kill her with mad cow disease. She tries to get the USDA to shut down the restaurant. Then you take her to the movies and she gets mad because your younger brother works there selling popcorn so she throws a trash can at him, smashing the glass cabinet. Police escort her out. (All of this has happened.) Believe me, you would rather date Charles Manson.

Seriously, you have all given me great food for thought and pathways to take to investigate everything. The shooting took place on the 6th so all of this is still very fresh and very disturbing to us.

Whether or not a crime is determined or if you have a cause of action to legal action, the state of Deleware has some state programs for victims of crime, how much might apply may be in quesiton but you might check into this even if it is only for support groups, they may be a resource for other support as you begin this journey.
VICTIMS OF CRIMES PART VI
90. Compensation for Innocent Victims of Crime, §§ 9001 to 9020. 91. Distribution of Moneys Received as Result of Commission of Crime, §§ 9101 to 9106.
92. Law-Enforcement Officers' Bill of Rights, §§ 9200 to 9209.
93. Police Chief Due Process, § 9301.
94. Victims' Bill of Rights, §§ 9401 to 9424.
PART VII
SPECIAL PROGRAMS
95. Victim-Offender Mediation, §§ 9501 to 9505.
96. Protection of Witnesses, §§ 9601 to 9606.