^ Who's "you?" Me? I'm not "suggesting" anything, just trying to mind-read the motivation for dropping the big charges. I guess (guess) a lot would depend on the type of knife and where it was kept, which I don't know, but I'm thinking about the implications of it being a folder, which requires a
deliberate manual action a period of time before the attack, or just something she routinely had for some reason or another --perhaps a screwdriver or sharp ball point pen or a steak knife carried for self-defense purposes in a "tough" gun-free zone. Some of us in Brooklyn carried a length of coathanger wire with a loop on one end for grasping. A "Brooklyn Bullwhip." Hidable, easily discardable, would not hold fingerprints. Not much, but not zero, either.
"I suspect there is some part of this story we are not privy to" --dogmush.
Of course, but every time there's an incident like this, our speculation is a legitimate and engaging pursuit. Could have just been a throw the book case to start with a high negotiating level, per T.O.M...
Motive is generally developed from extrinsic or circumstantial evidence. Yes, electronics do play a big part here. In most jurisdictions, a murder charge requires that the state prove the actor had the intent to kill. Sometimes, the circumstances surrounding the incident can prove this (yelling "Die!" as the attack occurs). This is where you occasionally hear people recommend avoiding things like hollow point ammo because it shows an intent to kill (it doesn't).
Many times, prosecutors will file the higher (murder) charge at the outset. As the investigation continues, might reduce to a homicide of manslaughter charge where the intent to kill is not an element of the offense.
Terry, 230RN
