Reference no: EM132164917

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After, reviewing the case notes for Scoot Mayo vs. The State of Texas, I would charge Mr. Mayo will second degree murder, if this crime occurred in Virginia, my current state. It appears Mr. Mayo shot Mr.Scowen out of self-defense when it boils down to the root of the crime. Mr. Mayo felt his life was in immediate danger, after Mr.Scowen threaten him with the beer bottle.

The witnesses would be useful in verifying the setting and atmosphere when the crime occurred. If "fireman", the defense witness could describe in detail Mr. Mayo body language, he viewed through the window, did his body show fear, did he seem anxious or nervous?

In addition, I would verify between the fireman if he heard any of the dispute from outside, if so what was said exactly (if he could recall, eye witness testimony are not always reliable) as well as DawnDietz who witness somewhat of what happened. It appears only the two victims were alone at the time of the shooting and it's Mr. Mayo word against the deceased victim.

The murder charge for Virginia is when an individual kill someone else, regardless of intent or other details surrounding the incident (Virginia Murder Laws.2018). The meaning in reference to this case, it does not matter about the dispute the two individuals had nor Mr. Mayo feeling his life was in immediate danger. After, the threat Mr.Mayo intently reach for his weapon to shoot the victim.

It is not clear if Mr. Mayo made any attempt to deescalate the situation, firing a warning shot in the air, calling 911 (after he was threaten by the victim, to have the proper law enforcement come and escort the victim out, epically since it appeared the victim was intoxicated) or any alternative methods before turning extremely hostile, so I would definitely take that into consideration.

In Virginia second degree murder is defined by any murders that do not fall in the category of capital or first degree murder (Virginia Murder Laws. 2018). This includes but not limited accidental murder. Therefore, I would charge Mr.Mayo with second degree murder to be specific.

Although, Mr. Mayo was not read his Miranda rights at the time of arrest, he can still be charged with second degree murder, however as the prosecution I would not be able to use anything Mr.Mayo stated in reference to the incident (Nolo. 2016, February 02).

Any, statements submitted for evidence without Mr.Mayo been read his Miranda rights will be thrown out and not admitted into court, so that may be a downfall, if Mr. Mayo confessed so stated anything incriminating.

Reference

Virginia Murder Laws. (2018).