UVA Lacrosse Tragedy

[loran16]

Well one things for sure...unlike the Lacrosse case, there's no question that if there is a murder here, it's extremely likely they have the right guy.

http://www.readthehook.com/blog/inde...-not-intended/

A Hook reporter has seen a court document which alleges that Huguely admits swinging the victim’s neck and shaking it violently and pounding her head against a wall. Also in the court document was confirmation that Huguely and Love had a relationship which had ended.

Lets just hope once again that the Justice System prosecutes this properly and takes NO SHORTCUTS (and also does not address the media unnecessarily).

[-bdbd]

Huguely appeared today at his bond hearing (via video). His attorney seems to acknowledge that he was involved, but that the death was "accidental."

http://www.washingtonpost.com/wp-dyn...050402215.html

Can't image -- going from expecting graduation later this month to dealing with this. Just wow. Very sad.

[allenmurray]

Huguely appeared today at his bond hearing (via video). His attorney seems to acknowledge that he was involved, but that the death was "accidental."

http://www.washingtonpost.com/wp-dyn...050402215.html

Can't image -- going from expecting graduation later this month to dealing with this. Just wow. Very sad.

It leads to the question, "How does one kick open a locked door by accident?

[snowdenscold]

It leads to the question, "How does one kick open a locked door by accident?

The locked door is the least of his worries trying to pass off as an accident. How about repeatedly shaking her so that her hangs bashes against the wall? If that's what constitutes an 'accident' these days...

[allenmurray]

The locked door is the least of his worries trying to pass off as an accident. How about repeatedly shaking her so that her hangs bashes against the wall? If that's what constitutes an 'accident' these days...

I agree completely. However, I can imagine a lawyer making the argument that it is possible to assault someone with no intent to kill them, such that the assault is purposeful but the death is accidental. That was my (poorly phrased) point.

[Acymetric]

I agree completely. However, I can imagine a lawyer making the argument that it is possible to assault someone with no intent to kill them, such that the assault is purposeful but the death is accidental. That was my (poorly phrased) point.

Would that be involuntary manslaughter?

[allenmurray]

Would that be involuntary manslaughter?

I have no idea of how the differences between first murder, second degree murder, manslaughter, and involuntary manslaughter work. I hope I never need to know.

[loran16]

I agree completely. However, I can imagine a lawyer making the argument that it is possible to assault someone with no intent to kill them, such that the assault is purposeful but the death is accidental. That was my (poorly phrased) point.

I don't know Virginia State Law, but well...if you intend to do serious harm to a person but not to kill, and then you kill the person...you're still guilty of murder.

And a jury isn't likely to believe an intent not to do serious harm.

He's gonna have a hard time managing to not get 2nd degree murder here (1st degree requires premeditation, which he probably can argue never occurred...though VA law might make that difficult)...at the very least he's guilty of manslaughter.

[roywhite]

Don't mean to trivialize the tragedy involved, but has UVa decided to suspend their lacrosse season(s) or go ahead and compete in the NCAA tournament?

[ElSid]

I have a friend who is a former UVA Lax player and knows/knew both Huguely and Love.

He says it's well known that Huguely has been "out of control" recently and that he'd been "roughing her up". So this is the result of a pattern of behavior that people knew about.

This is accidental in the same respect that any domestic violence death is accidental. Many husbands kill or maim their wives every year in similar incidents. It wasn't an accident to kick in the door. Seems like clearly the act of an argument. Once inside, I HIGHLY doubt he intended to kill her. Chances of that are basically zero. But he'd been "roughing her up" before this, and in these situations, the pattern is usually one of escalation. Both sides say things that infuriate the other, on purpose, and it leads to really awful fighting. Not usually physical fighting.

Not going to speculate anymore than that. But it's interesting to know that this isn't a singular event.

[ElSid]

Don't mean to trivialize the tragedy involved, but has UVa decided to suspend their lacrosse season(s) or go ahead and compete in the NCAA tournament?

both men's and women's teams are consdiering not pariticpating in the ncaa tournament. there has been no announcement yet.

my guess is yes they will both suspend the seasons.

[cspan37421]

Don't mean to trivialize the tragedy involved, but has UVa decided to suspend their lacrosse season(s) or go ahead and compete in the NCAA tournament?

I sense there's a comparison to the Duke lacrosse hoax of a few years ago.

While one would not want to stop short of any action honoring the memory of the young woman and player who lost her life in this tragedy, it would really further the emotional burden and unfortunate circumstance of the remaining players, who, as far as we know, had nothing to do with this tragedy.

In the Duke case, though the specific allegations turned out to be a hoax, the situation centered on an off-campus party attended by several members of the team. Specific allegations - later shown to be false - made against three. Without getting too deep into that morass again, the difference here is that it was one men's player as accused and one women's player as victim - that's it. There's no cloud of suspicion - falsely generated or not - hanging over either team.

It would unduly penalize them. Unless they wanted to call off the whole thing, it would seem appropriate and fitting to me if they wanted to petition to sport black armbands with the woman's number on it to honor her, or a ribbon logo on the helmet, or something of that nature.

[Billy Dat]

ElSid - thanks for the anecdotal info.

If what you say is true, a number of players from both teams are potential witnesses. With the spectre of that kind of process looming, it's hard to imagine their seasons continuing. Add to that the heinous nature of the crime, and the fact that both the victim and the perp probably have close friends on both teams, it would amaze me if those teams played.

[johnb]

then I think you should prepared to be amazed:

http://www2.dailyprogress.com/cdp/ne..._season/55731/

[weezie]

I have a friend who is a former UVA Lax player and knows/knew both Huguely and Love...
He says it's well known that Huguely has been "out of control" recently and that he'd been "roughing her up". So this is the result of a pattern of behavior that people knew about...But he'd been "roughing her up" before this....
it's interesting to know that this isn't a singular event.

These are some stunning allegations. "People" actually knew that Huguely had been "roughing" up Love?
I guess we'll find out eventually what, if anything, was done to help protect her or to discipline him but it truly is shocking that his abusive behavior was apparently well known at the school. Wow.

[johnb]

Domestic abuse is fairly widespread, widely ignored by observers, and commonly rationalized/minimized afterwards by the participants. This horrendous situation appears to be perfect for raising awareness and perhaps contributing to a sea change in how people perceive violence against women (and sometimes violence against men).

[cato]

Here are some relevant provisions from the Virginia Code:

§ 18.2-30. Murder and manslaughter declared felonies.

Any person who commits capital murder, murder of the first degree, murder of the second degree, voluntary manslaughter, or involuntary manslaughter, shall be guilty of a felony.

§ 18.2-32. First and second degree murder defined; punishment.

Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony.

All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

§ 18.2-33. Felony homicide defined; punishment.

The killing of one accidentally, contrary to the intention of the parties, while in the prosecution of some felonious act other than those specified in §§ 18.2-31 and 18.2-32, is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five years nor more than forty years.

§ 18.2-35. How voluntary manslaughter punished.

Voluntary manslaughter is punishable as a Class 5 felony.

In my quick perusal of the code, I did not see definitions of murder or voluntary manslaughter (based on the admissions reported, I can't see how this could be involuntary manslaughter). I haven't had cause to look up the definition of these terms since taking the bar exam, so I will let other chime in if they want.

If the suggestions of abuse are true, but the facts do not otherwise support a murder charge, I wonder if the (soon to be) defendant was committing another felony that would support felony homicide?

[MCFinARL]

then I think you should prepared to be amazed:

http://www2.dailyprogress.com/cdp/ne..._season/55731/

I think I may have read somewhere else that this report hasn't been confirmed by the university--there seemed to be some question about whether the teams had made this decision yet.

I would hope that this is a decision the coaches and players on each team would make together, and that everyone else will respect and support whatever decisions they make. I could see either team not feeling right about playing (especially if some team members really did know this was an unhealthy relationship--in which case they may be even more distraught than they would otherwise be, wondering if they could have done something about it), but I could also see them choosing to play as a way to cope and a way to remember Ms. Love.

[cspan37421]

I guess the UVA Honor Code, and perhaps most other such codes, only apply to academic matters.

There is no duty to report assault/battery? Not even among students, such as what you might expect in a code of conduct?

[MCFinARL]

Here are some relevant provisions from the Virginia Code:



In my quick perusal of the code, I did not see definitions of murder or voluntary manslaughter (based on the admissions reported, I can't see how this could be involuntary manslaughter). I haven't had cause to look up the definition of these terms since taking the bar exam, so I will let other chime in if they want.

If the suggestions of abuse are true, but the facts do not otherwise support a murder charge, I wonder if the (soon to be) defendant was committing another felony that would support felony homicide?

It looks like simple assault and battery are considered misdemeanors in VA, as is assault and battery against a household member (which seems to be the domestic violence provision). http://198.246.135.1/cgi-bin/legp504...04000000000000
So I don't know that it would be a felony homicide unless there is some other provision that covers this behavior.

I'm guessing I took the bar exam even longer ago than you did, but your conclusion that this couldn't be involuntary manslaughter seems right. I think that is more for, say, when someone runs a red light and kills someone in the resulting accident (though even those situations can be considered voluntary if the person is driving with reckless disregard, I think).