Published on:

Defendant Files Motion to Dismiss Manslaughter Charge Based on Lack of Evidence


The defendant was charged in this case for manslaughter which also means doing certain acts that led to the death of another person. The court also charged the defendant for drug possession. According to the accounts of police investigation, the defendant was guilty of heroin possession and selling of illegal substance. The victim died because the victim injected heroin into his body. The heroin and drug paraphernalia came from the defendant. The defendant knew that a large dose of heroin can be dangerous and fatal.

When the defendant knew about his charges, he filed a motion to drop the charge of manslaughter for lack of evidence. He also filed a motion to review the records or minutes being reviewed by the grand jury including any evidence or information acquired from taped conversations.

Upon examining the defendant’s dismissal motion, the court has allowed the initial charge of manslaughter since the facts presented to the court lack supporting evidence that links with committing a crime.

The defendant supported his claim by saying that yes he sold heroin and drug paraphernalia to the victim but did not have any control of the victim’s actions afterwards. The defendant also declared that he should not be charged with reckless or negligent conduct that led to the death of another.

The court has to determine if the defendant had legal basis in filing his motion to dismiss the charges. According to the law, an individual should be charged with the crime of manslaughter if he has recklessly caused another person’s death. According to the description of the law, a reckless individual is has complete disregard of something that causes potential risk or harm. A reckless person would ignore this risk which a reasonable person will not do if he was in the same position.

With reference to the other charge of the defendant which is criminal negligence, the court also reviewed the law to determine if the defendant has basis in filing for dismissal. According to law, a person should be charged with criminal negligence if he is involved in a situation or has knowledge of a risk including its consequences. The risk described by the law refers to something or an event perhaps that if an individual fails to perceive is considered gross negligence.

Based from the information presented to the jury and references to the law, the court has found the charges of manslaughter and criminal negligence against the defendant as rightfully so or true to its form. There was sufficient evidence that the defendant was indeed negligent of his actions. He knew that heroin is a dangerous drug but sold the illegal substance anyway. Although he has no control of the victim’s actions, the defendant was still responsible for his death. The possession and sale of drugs is considered as a serious criminal offense. Drug offenders usually have severe penalties if found guilty. Due to the number of cases related to drug crimes, the court can review those cases which are found to be similar to this one.

However, it is also a fact that not all illegal drugs can cause death. Therefore, the heroin injection does not generally cause a person’s death. There could be other health implications or other reasons that could have led to the victim’s death.

The court has determined to grant the defendant with the motion for dismissal of manslaughter and criminal negligence charges since there is lack of evidence to support the charges. However, it should be noted that the court recognized the fact that a problem exists in controlling the drug use and distribution of drug paraphernalia. According to legislature, there are no provisions yet to cover the sale of illegal substances resulting to manslaughter or gross criminal negligence.

If you know someone who needs an expert New York Criminal Lawyer, consult Stephen Bilkis & Associates for immediate action. The legal services of a New York Drug Crime Attorney can help you prepare for any trial.

A New York Drug Crime Attorney is always ready to help your case. If you are in need of a New York Criminal Lawyer, Stephen Bilkis & Associates have offices located in the metropolitan area to accommodate you and your legal needs.

Posted in:
Published on:

Comments are closed.

Contact Information