Originally Posted by cutthemdown
I was saying earlier a good lawyer will convince prosecution he can make at least one person on the jury believe the kid was dead already. Then prosecution will look at likely jury pool and get the feeling some of these people will pull a jury nullification of the law and acquit.
In the end you would expect to see some sort of plea, with limited jail time. Just my opinion.
This kind of depends on the venue. If the pharmacist is a white guy selling in a black neighborhood and has a venue nearby with a black jury, you have a pretty confident prosecutor, not likely to deal for three reasons (1) favorable jury and (2) lots of political pressure from the community to take it all the way--the guy's elected and (3) If you believe the reporting and the video is all the evidence there is, the DA has a decent case for Murder 2 (heat of passion type murder) and maybe for Murder 1. Black juries are hard on wrong-ethnic outsiders who run businesses in their community. You put all those together and why should the DA offer a plea? It hurts the DA in his next election if he lets the guy plea down to manslaughter. If the jury does not convict, well, the community has spoken. OTOH, if they lock the guy up for life, the DA's a hero in the community.
I'm making some assumptions here--(1) That the crimes occurred in a black neighborhood and that (2) The owner was a businessman from outside the neighborhood.