Major Crimes & their elements-
I would attempt to charge Mr. Banks with 2nd degree assault. I would also charge Sheriff Shoar with official misconduct.
2nd Degree Assault (RCW 9A.36.021)
Recklessly inflicts substantial bodily harm
To commit a felony
Knowingly inflicts bodily harm which by design causes such pain II.
Official Misconduct (9A.80.010)
Obtain benefit or privilege of another person
Commits an unauthorized act under color of law
Refrains from performing a duty imposed upon him by law
Physical Evidence From Crime Scene:
What would I collect?
I would collect the gun, gun bullet on the floor by Ms. O’Connell, gun bullet that was shot at her mouth, clothes from Mr. Banks & Ms. O’Connell that were worn at the time of the accident, DNA samples from Mr. Banks hands, tactical light, Mr. Bank’s belt, pill bottles, Mr. Banks & Ms.O’Connell’s cell phones, and pictures of the crime scene. b.
Why and how does it prove or disprove the crime(s) you have listed? I would collect all the evidence possible to make sure it wasn’t a homicide. Collecting all of the above would help eliminate or prove whether it was a suicide or homicide. I could list why I collected each item, but it would just be listing it for the same reason. Key points would be looking for blood, DNA, and Mr. Banks handprints on things it shouldn’t be on. Likewise, for Ms.O’Connell also. I would get the blood samples from the neighbors to see if they had a trace of alcohol or drugs in their system at the time of the accident.
Evidence from further Investigation:
a. Witnesses and evidence not at the crime
The witnesses are the neighbors Stacey Boswell and Heather Ladley. Also her family, and friends are witnesses in a sense. Ms.O’Connell stayed in touch with her sister Christine often, and made her aware of the current circumstances. From the domestic violence she experienced from her...
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