04-07-2015, 10:42 AM
^ Legally, it's an acceptable defense.
Intent to kill is required for an attempted murder charge to hold up. Sometimes it's very difficult to prove intent.
I'm not implying that the Clarkes weren't shooting to kill, just noting that the police and prosecutors need evidence to support that charge.
If LE has evidence that the Clarkes did not plan to kill Tiffany (like them saying "we're gonna fire a few bullets in her direction and scare that bitch into telling us xxxx" in their communications with Ramirez, for example only), LE can't legitimately file attempted murder charges, now or ever.
IF, on the other hand, LE has no statements at all regarding intent but they suspect that the Clarkes intended to kill Tiffany, they can always add a charge of "attempted murder" when they obtain sufficient evidence to support it.
Intent to kill is required for an attempted murder charge to hold up. Sometimes it's very difficult to prove intent.
I'm not implying that the Clarkes weren't shooting to kill, just noting that the police and prosecutors need evidence to support that charge.
If LE has evidence that the Clarkes did not plan to kill Tiffany (like them saying "we're gonna fire a few bullets in her direction and scare that bitch into telling us xxxx" in their communications with Ramirez, for example only), LE can't legitimately file attempted murder charges, now or ever.
IF, on the other hand, LE has no statements at all regarding intent but they suspect that the Clarkes intended to kill Tiffany, they can always add a charge of "attempted murder" when they obtain sufficient evidence to support it.