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Old 06-01-10 | 07:09 AM
  #59  
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merlinextraligh
pan y agua
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Joined: Aug 2005
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From: Jacksonville

Bikes: Willier Zero 7; Merlin Extralight; Calfee Dragonfly tandem, Calfee Adventure tandem; Cervelo P2; Motebecane Ti Fly 29er; Motebecanne Phantom Cross; Schwinn Paramount Track bike

As to what the perpetrator was charged, Aggravated Battery in Florida is what people would typically refer to as "Assault with a deadly weapon" in that one element of the crime is causing great bodily injury, or using a deadly weapon. It's a second degree felony, punishable by up to 15 years inprisonment. Fl Stat 784.045.

What the perpetrator will ultimately be cahrged with is up to the Prosecoutor's office. There is some indication that the knife may have ben illegal , which could give rise to a weapons charge.

Attempted murder is a possiblity, but maybe a bit of a reach: In Florida, murder includes:

The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree

The fact that the perpetrator may have intentionally brushed the cyclists, followed them into the parking lot, and stabbed at least 7 times could be used to support the "depraved mind element"

The fact that there was apparently a physical confrontation between the 2 cyclists and the perpetrator before the first knife wound might help the perpetrator avoid an attempted murder conviction. In fact the perpetrator will surely argue that he was outnumbered, in fear for his life, and justified using deadly force. (Note I'm not saying this is a good argument, but it is certainly the defense he'll present.

I think you need to know several more facts before you can make an educated guess on the ultimate outcome of this, One, did the perpetrator have the knife drawn in his palm when he left his truck, Two, did the blow that apparently injured the perpetrator happen before or after the first knife wound, Three, what kind of knife was it, and Four, what kind of criminal record does the peretrator have? (which will affect how the prosecutors choose to deal with this)

At this point it's clear this was a terrible tragedy, and that a crime was certainly comitted. But it's a bit early to speculate about what crime the perpetrator will likely be convicted .
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