Who decides what Murder is? And the learners permit head scratcher…

Murder and Manslaughter are both Homicide, the difference between the two depends on two things, what state of mind the perpetrator was in during the act of the crime; and also what the nature of the act was.

Here is the definition of Homicide according to vocabulary.com

The noun homicide means a murder. If you kill another person, you are committing a homicide. The level of the homicide is legally defined as murder if the act was intentional and as manslaughter if it was unintentional.

We all know that purposely hitting two innocent people by accelerating to a speed of 100 mph in your moms enormous Chevy Tahoe is extremely bad-natured…  Right..?  So what about the crazy aspect?  If your teenage son or daughter had been in a Mental Institute for 10.5 months and it had only been two months since they were discharged would you allow them to get their learners permit?   And actually Marilee was in the State Mental Hospital  for 10.5 months.

I have to say that when I read those words “The State Mental Hospital” my stomach dropped.

So parents out there would you take your teen to get their learners permit if they had barely been released from a ten month stay at “The” one and only State Mental Hospital?  I mean if they don’t care about their own kid it is what it is… but at least care about the kids that belong to the rest of us.

Here is Dr. Gardner’s account of his daughters mental issues.  The following are some questions and answers from that morning.  I highlighted Marilee’s Dad’s responses.

Detective: Ok. Give me a little bit of history on your daughter.   So what has she been going through?  Why does she feel liked she’d be suicidal?

Dr. Gardner: So she’s been depressed since she was five.

Ok.  Does she have any kind of mental illnesses or anything?

Just the depression, but it’s pretty severe depression so.

Ok.

She been depressed since she was five, she’s been on medicine since she was seven.

Uh-huh

Was doing ok until about twelve.

Uh-huh

Um and then when she was twelve she tried to commit suicide three different times.

Ok.

She was hospitalized each time and after the last time she went into Lifeline for Youth.  It’s a residential facility in North Salt Lake.

Ok.

She was there for five and a half months, did pretty good.  Came out was good for about a year.  Kinda fell in with maybe kind of a bad crowd, started maybe doing some things she shouldn’t.  Mostly marijuana.  Tried a couple of other things.  We found out about the marijuana use maybe three or four weeks after she started.

Ok.

Took her back to Lifeline.  Um she was there for three months.  So this was July 2014.

Ok.

She was there for five months.

Uh-huh.

Um not really getting better.  She cut herself to get out of there.

Ok

Ended up at Mckay Dee Hospital in patient for two weeks.

Ok.

And from there in January 2015 she went to another residential place in Draper called Youth Care.

Ok.

She was there for three months uh but then insurance quit paying so they had to release her.

Ok.

She was home for five days ran away twice.

Ok.

Um found her both times.  Took her in to the E.R. First time the crisis worker said she was ok to go home.  Two days later she was back in the E.R.  At that point Marilee said I think I need to be impatient again.

Ok.

So she went in to UNI for six weeks which was April of last year.  She was in UNI for six weeks.  They determined that she was not safe and sent her to the Utah State Hospital.

Ok.

So she was there from May 20th.

Of this year?

Of 2015.  Until April second of this year.  So she was there for ten and a half months.

So May of 2015 until when?

April second this year.  And since she’s been trying to get back into a normal life.  She went into a day treatment program up in Ogden for about three or four weeks.

Uh-huh

And they released her said she was fine.  And since then meeting with her counselor occasionally, taking her medications.  Got a job working at Wendy’s in Syracuse.  Registered for school, went through drivers Ed.  So she has a learners permit [inaudible]

Was she going to school in Layton?

She would go to Layton High.

Ok

That’s where we registered her and that’s where she took her driver’s Ed class.  So she seemed to be doing ok.  Um but she’s , she hides things from us.

Ok.

She doesn’t always tell us how she’s feeling.  She snuck out a couple of times before.  One to go driving.  One I took her keys and she just went walking.

Ok.

And then tonight I don’t know her motives for sneaking out.  To think she took the car and this happened.

So there ‘s that.  What does everyone think of that?   And not that I need to bring up her medications to show there’s an issues, but in addition to the above statements  when Marilee was questioned about her medications it didn’t exactly sound like she was on top of taking them, but that will come later…

Also, on a side note because this BS is frustrating to no end, I had asked questions regarding meds, hospitalization and the learners permit and could not get an actual answer from anyone.  Not my lawyer, not the prosecutor, not anyone and a lot of it was in the police report the entire time.

To answer my own question (Who decides what Murder is?):  The answer is the prosecutor, the prosecutor decides the charges.

And I actually learned something regarding murder and manslaughter. So here you go… I am agreeing with he prosecutors original charges, he was right on this one even though it’s not what she ultimately ended up being charged with.

If the perpetrator kills someone while committing  another crime and that crime is also of a serious/dangerous nature the charges will almost always be murder.

 

 

 

 

 

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