根据纽约州刑法第一百二十五条,如果梁杀人有罪的话,适合的罪名只有如下两条:
S125.10 Criminally negligent homicide.
A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.
Criminally negligent homicide is a class E felony。
S125.15 Manslaughter in the second degree.
A person is guilty of manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female an abortional act which causes her death, unless such abortional act is justifiable pursuant to subdivision three of section 125.05; or
3. He intentionally causes or aids another person to commit suicide.
Manslaughter in the second degree is a class C felony.
梁被起诉和判定有罪的是第125.15条,Class C 重罪(Class A最重)。
要证明梁没有此罪,只要证明没有reckless即可。
显然大陪审团的Jurors认为他reckless!
辩方并没有提及较轻的S125.10 (Class E 重罪)
梁的另一罪名门坎儿低多了,而且是轻罪(最重的)(Class A 轻罪)。
S 195.00 Official misconduct.
A public servant is guilty of official misconduct when, with intent to I obtain a benefit or deprive another person of a benefit:
1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act
is unauthorized; or
2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office.
Official misconduct is a class A misdemeanor.