Cheat-Seeking Missles

Tuesday, February 14, 2006

Could Cheney Be Charged?

Update: This matter may become more relevant, as Harry Whittington's health takes a turn for the worse.

Earlier, we asked if VEEP Cheney could be charged if the unfortunate victim of his shotgun blast were to die from injury-related causes?

CS-M offers you the best analysis, from Sue Bob, a real-life Texas lawyer (and mighty fine blogger to boot):
The D.A. is out of Corpus, and he is, evidently a Democrat. He could file charges if the gentleman dies. But, unless the VP was drinking, I think that he would have a hard time proving culpability. He would have to prove recklessness to wit:

"(c) A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint."

I think that this might be a difficult case to make.
Not that a Dem wouldn't try ... but good news nonetheless.