a good short true story

Here’s one with a twist…

At the 1994 annual awards dinner given
for Forensic Science, AAFS president Dr. Don Harper Mills astounded his audience with the legal complications of a bizarre death.
Now here is the story:
On March 23, 1994
the medical examiner viewed the body of Ronald Opus
and concluded that he died from a shotgun wound to the head.
Mr. Opus had jumped from the top of a ten-story building
intending to commit suicide.
He left a note to that effect indicating his despondency.
As he fell past the ninth floor
his life was interrupted by a shotgun blast
passing through a window which killed him instantly.
Neither the shooter nor the decedent was aware
that a safety net had been installed just below
at the eighth floor level to protect some building workers and that Ronald Opus would not have been
able to complete his suicide the way he had planned.
Ordinarily, Dr. Mills continued,
a person who sets out to commit suicide
and ultimately succeeds,
even though the mechanism might not be what he intended,
is still defined as committing suicide.
That Mr. Opus was shot on the way to certain death,
but probably would not have been successful
because of the safety net,
caused the medical examiner to feel that he had
a homicide on his hands.
An elderly man and his wife occupied the room on the ninth floor,
whence the shotgun blast emanated from.
They were arguing vigorously
and he was threatening her with a shotgun.
The man was so upset that when he pulled the trigger
he completely missed his wife
and the pellets went through the window,
striking Mr. Opus.
When one intends to kill subject’ A’ but kills
subject ‘B’ in the attempt,
one is guilty of the murder of subject ‘B’.
When confronted with the murder charge
the old man and his wife were both adamant.
They both said they thought the shotgun was unloaded.
The old man said it was his long-standing habit
to threaten his wife with the unloaded shotgun.
He had no intention to murder her.
Therefore, the killing of Mr.Opus appeared to be an accident;
that is, the gun had been accidentally loaded.
The continuing investigation turned up a witness
who saw the old couple’s son loading the shotgun
about six weeks prior to the fatal accident.
It transpired that the old lady had cut off her son’s
financial support and the son,
knowing the propensity of his father to use the shotgun threateningly,
loaded the gun with the expectation
that his father would shoot his mother.
Since the loader of the gun was aware of this,
he was guilty of the murder even though he didn’t actually pull the trigger.
So the case now becomes one of murder
on the part of the son for the death of Ronald Opus.
Now comes the exquisite twist.
Further investigation revealed that the son was,
in fact, Ronald Opus.
He had become increasingly despondent over the
failure of his attempt to engineer his mother’s murder.
This led him to jump off the ten-story building on March 23rd,
only to be killed by a shotgun blast passing through the ninth story window.
The son had actually murdered himself,
so the medical examiner closed the case as a suicide.
(A true story from Associated Press, reported by Kurt Westervelt)

Do any of you think the medical examiner was wrong to close the case as a suicide?

it’s quite tricky, it could be classed as an accidental death as the killing strike from the shotgun was accidental. but suicide seems to be to clear cut as it technically wasn’t suicide, more likely euthinasia as he was ‘helped’ to die. but you could still charge the husband with fire arms offences as you aren’t allowed to bear a gun in an offencive manner (loaded or not) at a person. the son could also be charged (had he not died) with inteding to murder his mother. so it would appear the only innocent party is the mother.

That’s such a cool case and I know I’m like a month late in replying, but ahh well…

The father is also innocent (in respect to murder) because he did not intend to cause grevious bodily harm to his wife and if anything (if relevant) be charged for assault on his wife, if she wished to sue.(which might not even be successful) Because it is a strict liability, I think that the father should still be charged with involuntary manslaughter. (which still doesn’t make him loose any innocence in the matter)
Also, The father shooting the loaded gun was an unforseeable ‘intervening’ act which caused the death of his son. If for example the father shot the loaded gun at the window in jest, and unaware that it was loaded as it is usually not, it is similar to say that he wouldn’t be liable for any count of murder.

(that was roundabout. :sunglasses: ) Therefore, the son is only guilty one.

In any respect, he killed himself. Attempted suicide is still seen as suicide no matter what. One might raise the point that he had not intended to kill himself by loading the shot gun (but his mother) , so it does not amount to suicide, but he still jumped off and no matter what [size=75]novus actus intervienens [/size]comes about, it’s suicide!

what if the man didnt really want to kill himself. say he was pushed or he fell by accident.

Tsk Tsk… unfortunately the narrator of this story is misleading you by suggesting that this is actually a true story. have just found the very same story on an urban legends website. :smiley:

NOTE: contrary to popular belief, the internet is not the most reliable source of information (gasp!) it may very well be true, and someone thought it so unbelievable they called it an urban legend, and vice versa. you have a link for the site?

I don’t really remember where I came across it. However, it was published in Associated Press. I am not personally claiming that is true. In all honesty, it is quite unbelievable. I posted it because it threw some interesting philosophical problems.

the website you are looking for is http://www.snopes.com. There are some very interesting “stories” there!