What's wrong with this? Homeless man set afire, dies

[Bozita]

36 year old male held in the case.

Just heard on KGO news.

[Swamp Rat]

1. Goddess!!!

:cry:

[SeattleGirl]

2. Gak! That's awful!

And sounds just like the plot of a J.A. Jance book. In one of her books, some rich tighty-whitey teenagers were setting homeless men and women on fire in Seattle.

I hope they throw every page in the book at this guy.

[Moochy]

3. From SFGate

from http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/11/02/BURNED.TMP&feed=rss.news

A 35-year-old homeless man is expected to be charged with murder after he allegedly doused another homeless man with gasoline and set him on fire in San Francisco's Financial District early Tuesday, authorities said.

The suspect, Scott Darden Kinney, allegedly set the 43-year-old man ablaze as the victim slept on the Beale Street sidewalk at 3:55 a.m., then stepped back to watch as the man lurched to his feet and started to scream, witnesses and police said.

The man died Tuesday evening at the burn center of St. Francis Memorial Hospital. His name was being withheld until relatives could be notified.

... He was expected to be booked on suspicion of murder, arson causing death, possession of flammables and mayhem, authorities said.
... (snip)
Kinney's father, Peter Kinney of Lawrence, Mass., said his son had a long history of mental illness and once told police that someone had implanted a microchip in his head.

"He has been diagnosed as paranoid schizophrenic,'' he said. "He refused to take his medication. He went off the wall. That was two years ago.''

[nadinbrzezinski]

4. I can tell you right now

any smart lawyer will use the ever so popular NOT GUILTY by reason of insanity

And this happens all the time around the world

[Moochy]

5. Might it be possible

that he is insane?

[nadinbrzezinski]

6. Of course it is possible

In fact I don't discount it...

I am just pointing the legalities of this, since this fits special cirumstances... most likely

[Moochy]

7. Mentally disabled homeless in the Bay Area

I was really just curious where you were coming from, the special circumstances you are talking about, are you meaning to say that its not a valid defense? I'm no legal expert and I don't have a problem with that defense when it seems to fit.

I think this might have been averted if the father was able to commit his son to a mental hospital.

I'd heard an anectote about the treatment of insane people in CA.
In parts of CA outside of the bay area, inland California police often round up homeless and insane street people and give them one way bus tickets to SF.

on edit, I'm a Bay area native, and there are alot of people with mental disabilites on the streets, and for the most part, they are not violent crazy people. I just wish that there was more willpower for getting more mentally disabled help.

[nadinbrzezinski]

8. Special cirdumstances means death penalthy

and I hope and wish the public defender uses Not Guilty... it seems pretty clear cut from the info given.

[Moochy]

9. I'm anti-death penalty

I am anti-death penalty to the core, even for this case.

[nadinbrzezinski]

10. I have one exception to the death penalty

which has no deterrent value... HIGH TREASON... the reason, the damage done by those who commit it (fill in the blanks here) is so great that it can lead to the unecesary deaths of hundreds of thousands

I will clarify, it has nothing to do with a deterrent value... for it has none... but the fact that high treason (fill in the blanks who I am thinking off), is such a horrific crime that I am willing to consider it in that case. Otherwise, no way, no how, as it has no deterrent value.. and I hate the chances of executing an innocent preson, and the rest of the ethical problems that come with it.

But high treason.. I am actually willing to make that exception

[NMMNG]

13. Oh, but treating those with mental illness costs money

And who wants to spend money on people with mental illness when we have brown people to kill? :sarcasm:

[nadinbrzezinski]

14. this all started with Reagan

and it is a tragedy

[AndyTiedye]

11. How Could Anyone Who Would Do Such a Thing Be Considered Sane?

[nadinbrzezinski]

12. You'd be surprised.... you see the legal boundary of

sanity and what you and I may consider sanity, are very specific

If the man is aware of what he is doing, and can connect the act with consequences, and is capable of standing trial (even if borderline) he is sane... that is why not guilty by reason of insanity is so damn hard to prove.

Any competent lawyer will have this gentleman examined by a panel of physicians, and if he managers to get a suicidal out of it, he may cinch it.

But the legal requirements and your life and mine are a tad different

Oh and huge disclaier I am not a lawyer, but I had a criminal lawyer explain this to me once