Quote (bogie160 @ Oct 24 2020 10:33am)
There were no grounds to prosecute a murder case. The AG saved everyone a lot of time and money.
There's grounds for involuntary manslaughter under KY law.
https://statelaws.findlaw.com/kentucky-law/kentucky-involuntary-manslaughter-law.htmlQuote
his article focuses on Kentucky's second-degree manslaughter law (referred to as involuntary manslaughter in many other states), but before outlining the specifics of this crime it's important to understand where on the spectrum of criminal homicides manslaughter falls. Here is a brief outline of how homicide crimes are generally defined in descending order of severity:
Murder: The unlawful killing of another with malice under circumstances defined by each state.
Manslaughter: The unlawful killing of another without malice.
Voluntary manslaughter: An intentional killing where the killer didn't previously intend to kill the victim. An example would be a heat of passion killing.
Involuntary manslaughter: An unintentional killing that results from criminal negligence.
KY negligence:
https://statelaws.findlaw.com/kentucky-law/kentucky-negligence-laws.htmlQuote
egligence Cases
In order for any negligence claim to be successful, the plaintiff must several elements of a negligence case:
Duty: the defendant owed the plaintiff a duty of care;
Breach of Duty: the defendant failed to meet that duty;
Cause in Fact: but for the defendant’s failure, the plaintiff would not have been injured;
Proximate Cause: the defendant’s failure (and not something else) caused the plaintiff’s injury; and
Damages: the plaintiff has actually been injured and suffered some loss.
Duty of care:
https://en.wikipedia.org/wiki/Duty_of_careQuote
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.
All of this is pretty bulletproof. There is ENOUGH evidence that this crime occurred, and therefore the grand jury could easily render an indictment for a trial to determine whether enough evidence exists to prove guilt.