#BILL OF PARTICULARS NEGLIGENT HOMICIDE PROFESSIONAL#

It is often difficult to distinguish Accidental Conduct versus Negligence or Recklessness when determining the mens rea or mental state of an action.

#BILL OF PARTICULARS NEGLIGENT HOMICIDE PROFESSIONAL#

Liang stated that it was wiser to wait for a professional medical aid. Prosecutors argued that Liang held his gun recklessly and acknowledged not helping Gurleys girlfriend try to revive him. Liang said he had been holding his weapon safely, with his finger on the side of his weapon and not the trigger when the sound alarmed him I just turned, and the gun went off. I was shocked and in disbelief that someone was hit. The bullet ricocheted off the wall, hitting Gurley who was standing on the lower floor, killing him.Īccording to some reports, for several minutes after the shooting, Liang did not render assistance.

Liang claims he was startled by a noise and fired his weapon accidentally. On November 20 th 2014, Liang and his partner officer Shaun Landau were on a vertical patrol in an unlit housing project stairwell in Brooklyn, New York.

New York City police officer Peter Liang was found guilty on Thursday, February 11 th of manslaughter in the second degree and official misconduct in the fatal shooting of Akai Gurley. In this article, I will attempt to explain the differences in each of these mental states/ mens reas and give examples of New York case law that expose some of the flaws in the state of the law and in the outcome in this case in particular. The difference between these mental states is often the difference between no criminal charges at all, and the possibility of up to 15 years in prison. This case demonstrates the often-confusing difference between an accidental death and that of Criminal Negligence and Recklessness. The state of the law in New York regarding civil negligence, criminal negligence and recklessness is nebulous to say the least, and can quite easily be the cause of some consternation for a jury trying to apply the law to the facts of Officer Peter Liang’s case. Officer Peter Liangs conviction in Brooklyn last week demonstrates how one person’s conduct can be interpreted as completely innocent or criminal in nature depending on how their mens rea or mental state is viewed in the larger factual context. See also: Jury Room Demonstrations And The Juror As Expert Witness: The Case of Officer Peter Liang When Is An Accident A Crime?: Mens Rea And The Case Of Innocent Conduct vs.

Bill of particulars negligent homicide