Sunday, August 3, 2008

Quinton "Rampage" Jackson Could Face 2nd Degree Homicide Charges

It was reported that the pregnant woman whose SUV was crashed into by Quinton "Rampage" Jackson had a miscarriage and lost her 16 week old baby/fetus. The question on everyone's mind is whether Rampage will be charged with Fetal Homicide. It is a complex issue that California has dealt with in the past more than most states. California law states that if a pregnant woman's fetus is killed by another driver due to an accident, the assailant can be charged with second degree murder for the unborn fetus. As far as I can tell, California does not have a Fetal Manslaughter law, so if he is charged it will be with second degree murder.

After the crash it was reported she lost fluid from her womb. Most miscarriages and premature births occur following a substantial loss of amniotic fluid. Even though the miscarriage happened two weeks after the initial loss of fluid, it is possible it contributed to the eventual death of the fetus. Amniotic fluid is extremely important for a developing fetus. A lack of it can stunt the development of the lungs, cause the fetus to lose heat, and a host of other problems.

The severity of the chase will certainly not work in his favor. This is not a case of a person accidentally backing into another driver. He deliberately chose to drive on the median lane and put himself and others at risk. In addition to possible criminal charges, Jackson could also face a civil case. Anyway you look at it, he is facing a legal nightmare, which could stretch on for months.

Fetal Manslughter is not a CA law. Search for the word Manslaughter and you will see that the CA courts decided NOT to put Fetal Manslaughter on the books. Here is another link to the same case file. Same thing, search page for "manslaughter" and you'll see that the CA courts chose not to have Fetal Manslaughter listed as a crime. Now shut up about not including sources. This isn't the NY Times for Christ sake.

10 comments:

chappyd said...

he's screwed!

Anonymous said...

That hooker just lucked out and got a free abortion.

Anonymous said...

Yea, what that other dude just said below me.

sprawlme said...

Babalu got kicked out of the UFC for holding a choke a few seconds too long. Rampage runs over a pregnant lady and they're already booking his next fight.

Anonymous said...

To clear it up, you can't be charged for 2nd degree murder for a regular accident that ends up killing the fetus of a pregnant woman. You must qualify for the statutory requirement of malice aforethought.

In this case, Rampage probably does because he, according to the prosecution, exhibited depraved heart (meaning he had a gross disregard for human life).

There are problems for the prosecution, namely any affirmative defense and causation, but civilly, this case looks TERRIBLE for Quinton.

Anonymous said...

He made the choice to not eat or sleep for days. He made the choice to get into his obscene truck and drive irresponsible and terrorize others. He made the choice not to stop when police apprehended him. He is responsible for every thing that occurred due to his choices and should be held accountable. Cause and effect! I thank God that I, my child, my family, friends and any of the people that mean so much to me were not on that freeway when this occurred. My heart goes out to the people who were, the woman who lost her baby and the family and friends of Rampage. It must be heartbreaking to love and care about someone who has such little reguard towards themself, others and life. Instead of making excuses for himself he should be asking and praying for forgivness for the choices he made. Every action has a reaction.

Blackhawk said...

One poster said that Rampage could be charged because if they can prove "the statutory requirement of malice aforethought."

Really if you are charged with a felony and a death happens they can in fact charge you with Felony Murder.

The question now becomes, does California have a law in the books that says if a fetus is killed then it is the same as if it had been a child. I am not sure they do.

Rear Naked said...

What do you mean "it is the same as a child"?

The Beast said...

I can not sit in judgement of Quinton or anyone else. If I am going to be honest I must admit to doing some very stupid things that could of hurt a lot of people. But for the grace of God I did not.This accident was compounded by Jackson's fear that lead to the flight. In no way am I making exuses for his actoins a woman was very hurt and the loss of her baby was tragic. I can however feel compassion for all involved. Release the instinct of punishment and retribution to live in freedom.

Anonymous said...

So many mistakes going on here.

There can't be felony murder charges in CA. Felony murder only applies to certain felonies that are specifically listed out, and felony evasion is not one of them. Felony murder is out.

Manslaughter is also out. Manslaughter under CA law does not apply to fetuses, only the murder law does. Search Lexis if you need evidence, it's in every case about this.

I don't see them pursuing charges here on murder. It's going to be very hard to argue he acted with malice aforethought when he was completely delirious and unaware of what was going on. It's closer to reckless or negligent.