ramming car nets attempted murder charge

[craigwatanabe]

Okay I just read the Honolulu Advertiser today online (4/19/06). In one story a young male reversed his car into a police officer's SUV in an attempt to get away from a roadblock in Haleiwa. He was charged with attempted murder.

Now another story tells of a 27-year old woman repeatedly ramming another woman's car off the road and this woman is charged with criminal property damage.

So if it's a cop's car it's attempted murder...if it's anyone else it's simple criminal property damage. Never mind that the woman that was rammed off the road was the new girlfriend the ex-girlfriend wanted to apparently get violent against. The guy that rammed the police officer was intending to just get away with no intent of killing an officer.

He was hitting a car that was in the way

She was hitting a car to hurt it's occupant

He is charged with attempted murder

She is charged with criminal property damage

She must have been that good looking to sway the cops from filing an attempted murder charge against her.

Oh and yet another story tells of a 47-year old woman throwing a screwdriver at another woman grazing her leg and is charged only with terroristic threatening.

This woman uses a screwdriver to hurt someone and is charged with terroristic threatening.

The other woman uses a car to hurt someone and is charged with criminal property damage

The guy uses his car to move a cop's car outta the way and is charged with attempted murder

His mistake was that he should have repeatedly rammed the cop's car until it ran off the road and his only charge would have been criminal property damage.

Or he could have just thrown a screwdriver at the cop and get charged with terroristic threatening.

[Miulang]

Re: ramming car nets attempted murder charge

The law may seem unfair sometimes, but there's usually a reason why the legal system calls some things the way they do. I think in the case of the wahines and what happened with them, they were only being accused of that immediate act (ramming the wahine's car and throwing the screwdriver).

In the instance with the guy ramming the police car, I think the reason they are trying to pin the attempted murder charge on the guy is because he had already committed a crime (stealing the truck) and was trying to elude the police when he rammed the SUV. The laws of the State of Hawai'i (state v. Pia) say something about how if a person commits more than one crime, each one has to be considered a separate offense (he broke the law twice). That, I think is the difference between the three cases. If he had been an innocent guy, no outstanding warrants for his arrest, no current crime committed, then the charges might have been different in his case too. But my guess is if he had outstanding warrants already, on top of the car theft and the ramming of the police car, they going try pin one resisting arrest charge on him too. And if he had just stopped driving the truck when he saw the cops and surrendered instead of crashing it into the policeman's SUV (resisting arrest) he wouldn't be facing half the pilikia he's in now. Talk about lolo.

The problem with case law in this country is there's no black and white answer to anything. All case law is determined by previous cases and it's up to the attorneys to try to guess which previous cases to haul out to prove their point. That's basically how you train to become an attorney, you memorize statutes and past cases...

Miulang

[tutusue]

Re: ramming car nets attempted murder charge

The law may seem unfair sometimes, but there's usually a reason why the legal system calls some things the way they do.[...]

Am I remembering correctly that, when a police officer is involved, it's a greater offense? Dunno why that's stuck in my brain, but it is!

[Konaguy]

Re: ramming car nets attempted murder charge

I believe the legislature passed a law recently making it a felony to assault a police officer. That being said considering the types of high intensity situations
police are called into handle, I don't see the problem the disparity.

[pzarquon]

Re: ramming car nets attempted murder charge

That, I think is the difference between the three cases. If he had been an innocent guy, no outstanding warrants for his arrest, no current crime committed, then the charges might have been different in his case too.

No, I think Tutusue and Aaron are on the right track. I'm pretty sure it's because law enforcement are a special class and attacks on them are prosecuted more aggressively than usual. Thus Craig's initial question as to whether this makes sense.

Based purely on intent, and the specific act (Car A intentionally hitting Car B), it would seem the North Shore suspect was attempting to flee in his vehicle, whereas the woman clearly was aggressively attacking someone with her vehicle with intent to harm.

One could also argue that law enforcement have specific training to deal with tense situations and conflict, whereas a civilian does not. And law enforcment have the recourse of an armed response (an officer shot the tire out of the car), whereas the options for a civilian target/victim are more limited.

[Miulang]

Re: ramming car nets attempted murder charge

I've searched through all the Hawai't statutes for any laws which put public safety officials into a special class where penalties against the perps would be more severe than for the rest of the community but haven't been able to find one...yet. I'll keep looking. If anyone can remember when they think they read that the Legislature passed a law and can tell me, that would be a great help. Slogging through legal stuff is tedious!

Miulang

[pzarquon]

Re: ramming car nets attempted murder charge

I could be wrong, of course. Like Tutusue, I recall hearing of some kind of law classifying attacks on law enforcement as a more serious offense, but...

The answer might be, "it depends."

Here's a story of a man who rammed a police car. He did so repeatedly, in fact. He was booked for attempted murder, but the ultimate charge was criminal property damage. Another man who led police on a chase and drove his vehicle "at" (but didn't hit) police officers or their cars, though, was charged with attempted murder.

[Miulang]

Re: ramming car nets attempted murder charge

Heh. Maybe the tactic is, "Throw the book at him and we'll see what eventually sticks."

Miulang

[tutusue]

Re: ramming car nets attempted murder charge

I've searched through all the Hawai't statutes for any laws which put public safety officials into a special class where penalties against the perps would be more severe than for the rest of the community but haven't been able to find one...yet. I'll keep looking. If anyone can remember when they think they read that the Legislature passed a law and can tell me, that would be a great help. Slogging through legal stuff is tedious!

Miulang

Here's an editorial in the Hawaii Reporter written by U.S. Attorney, Ed Kubo from 3 years ago. He states, in reaction to the death of officer Glen Gaspar:
"I understand that the state House has yet to act on the bill that would make assault on a police officer at least as serious as an assault on a bus driver."

As of 3/03, there was no law. Possibly there is still no law. Or, possibly, it's recent enough that the web pages you've been researching haven't been updated. Sorry, Miulang. Wish I could be more helpful. I can't recall how or where I heard about this subject.

[Miulang]

Re: ramming car nets attempted murder charge

Here's an editorial in the Hawaii Reporter written by U.S. Attorney, Ed Kubo from 3 years ago. He states, in reaction to the death of officer Glen Gaspar:
"I understand that the state House has yet to act on the bill that would make assault on a police officer at least as serious as an assault on a bus driver."

As of 3/03, there was no law. Possibly there is still no law. Or, possibly, it's recent enough that the web pages you've been researching haven't been updated. Sorry, Miulang. Wish I could be more helpful. I can't recall how or where I heard about this subject.

Thanks for the explanation, Tutusue. The sites I was searching were up to date, which tells me that the legislation STILL hasn't passed. Hence my theory of "throw the book at the perpetrator, and we'll just see what the courts will stick him with". AAAARGH!

Miulang

[Konaguy]

Re: ramming car nets attempted murder charge

Try looking at these links.. from the Hawaii Revised Statutes.I think I might've found information we were looking for.

http://tinyurl.com/e7oab
http://tinyurl.com/kdwfz

[Miulang]

Re: ramming car nets attempted murder charge

Yup. That be it. Thanks, Aaron. Now the question is: were the officers involved in the incident actually sitting in the car when the guy backed the stolen truck into the SUV, or were they already outside the SUV (because of subsection B)?

"...(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty." And the punishment seems like a slap on the wrist to me.



Miulang

[Miulang]

Re: ramming car nets attempted murder charge

Heh. According to KGMB, the cops finally charged the people who ran that stolen truck into the police SUV with "first-degree criminal property damage, auto theft and drug possession." Guess they couldn't get the "attempted murder" charges to stick after all.

Miulang

[kine1]

Re: ramming car nets attempted murder charge

About two years ago one of my friends was shot to death by the police, he was drinking and was on probation. As soon as he left the bar the police tried to pull him over and he decided on a high speed chase instead of going back to jail. He hit one of the officers cars trying to go around it, when his car finally became stuck on the median in the middle of the road the officer shot him through the door about 15 times then hancuffed him and put him on the ground untill the lifeline helicopter came. What my friend did was wrong, period. The officer said he didden't shoot him because he was drinking and driving away he shot him because he considered hitting his car with him in it attempted murder.

[craigwatanabe]

Re: ramming car nets attempted murder charge

That's too bad but in the case of that officer shooting 15 times, did he empty his service revolver, reload and finish the job? Cuz 15 rounds in a pistol is quite a bit excessive I mean Leialoha only needed one bullet to stop him.

I think in your friend's case, the cop over reacted and was a bit trigger happy, not the kind of officer I'd want behind a loaded gun.