Monday, April 13, 2009

Why the drunk driver that hit Nick Adenhart is charged with Murder

Following the tragic accident that killed professional baseball player Nick Adenhart last week, the driver of the car has been charged with three counts of murder, driving under the influence causing injury, and leaving the scene of an accident causing death.

Many people have asked me how the driver can be charged with murder. The answer is fairly simple. Andrew Gallo, the driver of the minivan that struck Nick Adenhart's car, is charged with two underlying felonies for the accident (DUI and hit-and-run). If deaths result from the commission of a felony, prosecutors may seek to charge a defendant with murder (called "felony murder"). Here, the deaths were a direct result of the underlying felonies, so charging Andrew Gallo with murder was almost a foregone conclusion.

However, the legal intricacies of this situation should not be the focus. If you drink, do the responsible thing and call a cab. Rest in peace, Nick Adenhart.

More info on this story : NY Daily News

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