TexasCHLforum.com

Grundy1133 wrote: the charge was 1st degree murder. it wasnt pre-meditated so she got off.... now manslaughter or 3rd degree murder, she'd be rotting behind bars

In Oklahoma it is “malice aforethought” rather than “premeditation”, but either one only requires that you intended to kill the person that you killed. Pulling a pistol out of the drawer and shooting at someone seem like a strong indicator that you were at least willing to kill somebody, especially given how unhappy she obviously was with his behavior.

It certainly wasn’t an accidental shooting, like an ND. 2nd° murder does not require premeditation nor malice aforethought, but it does require a “depraved mind”, Which is indicated by extreme cruelty.

OldCurlyWolf wrote:...but why did she grab the gun to begin with. he wasnt a threat.

Having dealt with felons, that is not a bet I would make.
[/quote]

No, I wouldn't either, but she didn't act like she thought he was a going to a be a problem. She calls an adult male (and he was not weak looking) into her office, with only her young (teenage?) son there as well, to slap the cuffs on him? Aside from the young boy probably not being of much help in an altercation, it was her son for crying out loud. Who puts their kid in that situation?

In any case I don't see from the video how she was not convicted.

Holy smokes.