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Wrongful death

#1
What is the name of your state (only U.S. law)? New York

My nephew got into a fight with another man which caused him to fall and hit his head on the sidewalk causing my nephew head trauma leaving him unconscious. The man proceeded to hit him causing more trauma. My nephew was left on the side of the road until bystanders called the police. To make a long story short my nephew was in a coma for three days and passed away. Can this man be charged with manslaughter?
 


Just Blue

Senior Member
#2
What is the name of your state (only U.S. law)? New York

My nephew got into a fight with another man which caused him to fall and hit his head on the sidewalk causing my nephew head trauma leaving him unconscious. The man proceeded to hit him causing more trauma. My nephew was left on the side of the road until bystanders called the police. To make a long story short my nephew was in a coma for three days and passed away. Can this man be charged with manslaughter?
What did the DA say when you asked him/her?

ETA: I am so sorry for the loss you and your family have suffered. :(
 

LdiJ

Senior Member
#3
What is the name of your state (only U.S. law)? New York

My nephew got into a fight with another man which caused him to fall and hit his head on the sidewalk causing my nephew head trauma leaving him unconscious. The man proceeded to hit him causing more trauma. My nephew was left on the side of the road until bystanders called the police. To make a long story short my nephew was in a coma for three days and passed away. Can this man be charged with manslaughter?
If the other man can be identified its certainly possible that he could be charged with manslaughter.
 
#4
Whether or not manslaughter is a viable charge will be based on the complete set of facts. The most glaring lack of information would be how the fight started. Self defense can be a defense to the charge of manslaughter. Second degree manslughter requires the party to have recklessly caused the death of the victim. New York defines such recklessness in statute.

a person acts "recklessly" with respect to a result or circumstance when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists." The risk that the person creates must be of such nature or magnitude that his or her disregard of it constitutes a "gross deviation from the standard of conduct that a reasonable person would observe in the situation."

First degree manslaughter requires an intent to cause serious harm resulting in death or with intent to cause death not falling under the requirements to be considered murder.

125.20 Manslaughter in the first degree.
A person is guilty of manslaughter in the first degree when:

1. With intent to cause serious physical injury to another person, he
causes the death of such person or of a third person; or

2. With intent to cause the death of another person, he causes the
death of such person or of a third person under circumstances which do
not constitute murder because he acts under the influence of extreme
emotional disturbance, as defined in paragraph (a) of subdivision one of
section 125.25. The fact that homicide was committed under the influence
of extreme emotional disturbance constitutes a mitigating circumstance
reducing murder to manslaughter in the first degree and need not be
proved in any prosecution initiated under this subdivision; or