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+--- Thread: Breeann Rodriguez,3, murdered. Mo (/thread-6228.html)
RE: Breeann Rodriguez,3,missing. Mo - Lady Cop - 08-13-2011
i'm also wondering about the weapon charge.
"Armed Criminal Action"
armed robbery.
ADW
etc.
that is a new one on me.
from what does that derive?
i am sure it is Mo. particular statute language, but why the charge now?
RE: Breeann Rodriguez,3,missing. Mo - HairOfTheDog - 08-13-2011
This is a really bizarre sequence of events.
Charging him with the equivalent of armed robbery? Maybe he had a weapon when he came upon Breeann and they are considering the bike as being robbed from her? Something to charge him with to keep him locked up?
But, then why are they charging him with 1st degree murder before they find the body? It's only been hours since he was arrested, not weeks or months. Why not wait until they find Breeann (or at least make every attempt) and hold him on the other charges? And, people who kill always try to minimize their actions. Why state the cause of death as suffocation before seeing the body?
I agree with LC. There must be something unique happening here that is out of the public eye.
RE: Breeann Rodriguez,3,missing. Mo - HairOfTheDog - 08-13-2011
They've stopped searching and will continue tomorrow.
This latest article says the charges specifically state that Breeann was suffocated on August 6th. For LE to name the cause and date of death before autopsy makes me wonder if Morgan might have filmed the murder. Hard to believe, but LE did take his computer and other evidence from the house. Even with a confession or an eyewitness, I don't think the charges would be that specific without a body or a dated video since the defense could probably use any initial inaccuracies in their favor down the line. Maybe this DA's office just has its own way of doing things?
All just speculation (born of total confusion).
http://www.kait8.com/story/15227946/senath-man-charged-with-murder-of-breeann-rodriguez
RE: Breeann Rodriguez,3,missing. Mo - HellNurse - 08-14-2011
Check out the first comment.
http://www.youtube.com/watch?v=1VE88tl8kS0
The armed criminal action charge doesn't fit this......unless he pulled a "Levi Aron". Wait. Could his car be considered a "dangerous weapon"?
RE: Breeann Rodriguez,3,missing. Mo - HellNurse - 08-14-2011
In this case a little boy was drug to death after the car he was riding in was stolen. The car thief was charged with armed criminal action in addition to other charges. This crime was also in Missouri and had the same wording for the "armed" charge.
I think this ftard ran over tiny Breeann and then smothered her rather than calling 911.
http://www.milum.net/conviction.htm
This link explains that the car thief did not use a weapon to steal the car. His armed criminal charge must have been that the car was the murder weapon.
http://www.localcommunities.org/servlet/lc_ProcServ/dbpage=page&mode=display&expanded=1&gid=00081000000966910927230443&pg=00081000000966912736914029&item_collect_id=01205001150986360417859605
RE: Breeann Rodriguez,3,missing. Mo - HellNurse - 08-14-2011
Doing anything that hurts another is “armed criminal action" in Missouri. I found Missouri cases where throwing a rock was “armed criminal action” as well as using pepper spray on someone. Certainly, backing over a tiny child also qualifies as this offense. Notice that this ftard was not charged with kidnapping.
I hope he doesn't try to say that he "euthanized" this injured child like putting down a horse with a broken leg. Now he isn't assisting LE to locate her body. Unbelievable.
RE: Breeann Rodriguez,3,missing. Mo - Fibonacci Prima - 08-14-2011
Exactly when did you gain insight into this alleged killer's head, and unseen circumstances to surmise it was "euthanasia"?
RE: Breeann Rodriguez,3,missing. Mo - Adub - 08-14-2011
The accident theory makes no sense to me. Would have had to happen right out in the open, and would have had to make some noise. Wouldn't you think? I wonder if Breeann was friends with Morgan's little girl. From snooping around on facebook it looks like she is maybe six or seven years old. Maybe Breeann went over to their house. I do feel for his three children. And his wife. From the looks of it the wife is very religious. Maybe Pentacostal.
RE: Breeann Rodriguez,3,missing. Mo - Adub - 08-14-2011
Armed criminal action, defined, penalty.
571.015. 1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years.
RE: Breeann Rodriguez,3,missing. Mo - IMaDick - 08-14-2011
added with this definition, the list is endless of what this nut job could have used to cause the charge to be brought. This could include a stun gun or taser or something as simple as a piece of rope.
(9) "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury;
It sounds like a stack charge to me and eventually it will lead to intent and premeditation in support of the 1st degree murder charge.
RE: Breeann Rodriguez,3,missing. Mo - HairOfTheDog - 08-14-2011
Posted by Adub - Today 12:51 AM
Armed criminal action, defined, penalty.
571.015. 1. Except as provided in subsection 4 of this section, any person who commits any felony under the laws of this state by, with, or through the use, assistance, or aid of a dangerous instrument or deadly weapon is also guilty of the crime of armed criminal action and, upon conviction, shall be punished by imprisonment by the department of corrections and human resources for a term of not less than three years.
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Posted by IMaDick - Today 01:17 AM
added with this definition, the list is endless of what this nut job could have used to cause the charge to be brought. This could include a stun gun or taser or something as simple as a piece of rope.
(9) "Dangerous instrument" means any instrument, article or substance, which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury;
It sounds like a stack charge to me and eventually it will lead to intent and premeditation in support of the 1st degree murder charge.
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Thanks for posting these definitions. The "Armed Criminal Action" charge is making sense to me now. Literally, any crime using any instrument (even possibly someone's hands) could justify the charge and keep someone locked up for at least 3 years. Sounds like a good solid strategy by LE to make sure Morgan isn't going anywhere while they investigate and build the murder case.
Curious about the third piece of unidentified evidence, the testing results on the training wheels, and what LE seized from Morgan's house on Friday night. With which evidence did Morgan tamper? Hoping there is a boatload of evidence to support the charges filed.
May little Breeann be found today...
RE: Breeann Rodriguez,3,missing. Mo - Lady Cop - 08-14-2011
i sure wish people wouldn't drag would-be miss marple knitting circle bored old ladies "sleuthing" here from another site. it's so obvious to me and pitiful.
i'll wait for the authorities.
and it's true, what Dick said about stacking. a can of pork&beans could be a deadly intrument.
but then Dick and i are real cops.
i have seen no mention whether his vehicle has been taken by police. i would imagine so.
even if he has confessed, he's not going to give up location of body because the longer it remains exposed to the elements, the less viable forensic information may be gleaned.
or...he has said he dumped her in the river and that's the only location he is able to give.
RE: Breeann Rodriguez,3,missing. Mo - Red_velvet71 - 08-14-2011
(08-14-2011, 09:15 AM)Lady Cop Wrote: i sure wish people wouldn't drag would-be miss marple knitting circle bored old ladies "sleuthing" here from another site. it's so obvious to me and pitiful.
i'll wait for the authorities.
and it's true, what Dick said about stacking. a can of pork&beans could be a deadly intrument.
but then Dick and i are real cops.
i have seen no mention whether his vehicle has been taken by police. i would imagine so.
even if he has confessed, he's not going to give up location of body because the longer it remains exposed to the elements, the less viable forensic information may be gleaned.
or...he has said he dumped her in the river and that's the only location he is able to give.
Sorta like the Casey Anthony case. He might have watched the trial, and learned that from it, who knows.
RE: Breeann Rodriguez,3,missing. Mo - Lady Cop - 08-14-2011
a very sweet picture of Breeann.
![[Image: breeann-KL1-Copy.jpg]](http://i296.photobucket.com/albums/mm166/crankycrankerson/Breeann%20Rodriguez%20%20-MO-/breeann-KL1-Copy.jpg)
RE: Breeann Rodriguez,3,missing. Mo - Duchess - 08-14-2011
Darling child. She looks loved.
RE: Breeann Rodriguez,3,missing. Mo - HairOfTheDog - 08-14-2011
She is adorable.
I count 4 bikes and trikes of different sizes in the photo. Judging by her size in the photo, looks as though it was taken recently. If only it hadn't been so quiet on the block that morning (I know, lots of "if onlys", none of them matter now). I sincerely hope her 5 year old brother never feels any guilt in the matter, he's just a baby too. Luckily the soulless bastard didn't take him too.
The LE team has been working so hard for over a week. Wishing them strength and luck in locating Breeann today.
RE: Breeann Rodriguez,3,missing. Mo - JsMom - 08-14-2011
She is absolutely adorable
How the hell could someone EVER hurt a precious child
RE: Breeann Rodriguez,3,missing. Mo - Cracker - 08-14-2011
Did they find her?
RE: Breeann Rodriguez,3,missing. Mo - Lady Cop - 08-14-2011
not yet that i'm aware of. i've been monitoring them all day. as of 3 PM eastern.
RE: Breeann Rodriguez,3,missing. Mo - HairOfTheDog - 08-14-2011
LC, do you know if they are focusing only on bodies of water in the area? I can't tell from the news reports if there are any ground searches still underway too...