> There is no proof that the accused party intended to kill
“malice aforethought”, as noted uphtread, isn't the same thing as “intent to kill”. Gross recklessness/depraved indifference is also malice aforethought.
> in fact it was a random address that another third party had posted, and somebody decided to pull a prank that went horribly wrong.
SWATting is a “prank” which inherently involves the mental state of depraved indifference; the fact that the target endangered is different than the one the “prankster” expected is fairly immaterial.
Intent to kill was used as the original reasoning from parent's post which I refuted with logic and reasoning that was met with an attack on my character and "malice aforethought" which still requires proof that calling SWAT == calling HITMAN, was thrown without understanding the full sequence of events that led up to the event.
The victim was killed because he disobeyed direct orders from an armed officer. At the end of the day, this is what boils down to, not what he said or she said.
As I said, calling SWAT to somebodys house is not the same as calling hitman to whack somebody. Even in cases involving spouses calling hitman on their estranged lover, it takes an awful lot of evidence to get a malice aforethought and even more damning evidence to get intent to kill.
This is just the reality of working under a legal system that relies on evidence presentable to a neutral third party. If anything, the internet mob mentality will hurt this case as the judge will throw out anything related to the notion the prank caller technically called armed hitman, because the prosecutor will need to show evidence that the accused knew the target victim would willingly disobey armed police officer, which is impossible because the victim was unknown to any of the parties involved.
“malice aforethought”, as noted uphtread, isn't the same thing as “intent to kill”. Gross recklessness/depraved indifference is also malice aforethought.
> in fact it was a random address that another third party had posted, and somebody decided to pull a prank that went horribly wrong.
SWATting is a “prank” which inherently involves the mental state of depraved indifference; the fact that the target endangered is different than the one the “prankster” expected is fairly immaterial.