Possible Fatal Shooting in Long Beach? |
Possible Fatal Shooting in Long Beach? |
Dec 11 2012, 10:06 PM
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#1
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Newbie Group: Members Posts: 5 Joined: 13-July 12 Member No.: 1,186 |
Anyone hear anything?
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Dec 14 2012, 02:31 PM
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#2
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Spends WAY too much time at CBTL Group: Admin Posts: 16,460 Joined: 8-December 06 From: Michigan City, IN Member No.: 2 |
http://www.nwitimes.com/news/local/laporte...62c1f3f3fc.html
QUOTE Long Beach man charged in shooting death of his wife Stan Maddux Times Correspodent LONG BEACH | A man and his wife from the upscale community of Long Beach were fighting when a gun kept inside the home went off, killing the woman, according to LaPorte County officials. John Larkin, 47, was charged with voluntary manslaughter, a Class A felony. The charge was leveled after evidence from the case was presented Thursday to LaPorte Superior Court 1 Judge Kathleen Lang, who ruled there was sufficient evidence to try him on the allegations. LaPorte County Prosecutor Bob Szilagyi said evidence indicates there was a fight between John Larkin and his wife, Stacey Larkin, 41, inside the family's home. Szilagyi said it appears Stacey Larkin retrieved a gun from a gun safe and John Larkin was trying to get the gun away from her when the firearm went off. “That's the evidence we have at this point,” he said. Szilagyi said the evidence indicates Larkin did not intend to kill her but did so “during sudden heat,” which under Indiana qualifies as voluntary manslaughter. “Murder requires specific intent to kill. There's a very big difference,” said Szilagyi. Police responded Tuesday night to the home in the 2900 block of Lothair Way on a report from an unknown caller of a woman being shot in the chest. Szilagyi said the couple was having some marital issues and when John Larkin came home “there was a fight.” Szilagyi said the case is still being investigated so it's possible the charge against Larkin could change depending on the discovery of any new findings. Larkin could face a maximum 50 years on the current charge. The couple had four children. John Larkin ran for a seat on the Long Beach Town Council in 2011 but lost in a close race. |
Dec 15 2012, 07:34 AM
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#3
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Member Group: Members Posts: 54 Joined: 21-July 11 Member No.: 1,126 |
It sounds like the prosecutor does not understand the law. According to the prosecutor, he did not mean to kill her. "Szilagyi said the evidence indicates Larkin did not intend to kill her but did so “during sudden heat,” which under Indiana qualifies as voluntary manslaughter."
“Murder requires specific intent to kill. There's a very big difference,” said Szilagyi. IC 35-42-1-3 Voluntary manslaughter Sec. 3. (a) A person who knowingly or intentionally: (1) kills another human being; or (2) kills a fetus that has attained viability (as defined in IC 16-18-2-365); while acting under sudden heat commits voluntary manslaughter, a Class B felony. However, the offense is a Class A felony if it is committed by means of a deadly weapon. ( The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter. |
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