Issues of the Case The first issues to be covered will be the criminal activity and mitigating factors associated with the actions of Zack. Zack came home early from work and witnessed what was perceived to be adulterous acts between Amber, who was naked in the kitchen with Dallas who was shirtless. Zack became so enraged that he withdrew his sidearm and fired it, striking Amber. Further, Zack pursued Dallas as he exited the back entrance of the home. Zack ceased pursuit in the back yard of the property, returned to Amber, phoned an ambulance, and rendered medical aid. While Amber had a pulse upon Zack’s return, she later died prior to the arrival of the ambulance. The second set of issues surround the criminal activity and mitigating factors associated with Dallas. After fleeing the property, Dallas ran to his vehicle that was parked several blocks away in an attempt to keep the randevu with Amber a secret. Dallas entered the vehicle, started it, and fled quickly. Dallas was preoccupied from driving as he was distraught from the ordeal. Three miles from the initial incident, Dallas entered a 15 miles per hour school zone at 50 miles per hour, striking and killing Megan, a nine-year-old school student. Laws Associated Zack undoubtedly committed a crime and an appropriate charge would fall under North Carolina General Assembly. § 14-18 – Manslaughter, a Class D felony, for the death of Amber. Simply, Zack intentionally killed Amber in the heat of passion without premeditation. Dallas on the other hand recklessly sped through a school zone and the unintentional killed Megan, an act that falls under North Carolina General Assembly § 20-141.4. (a2) Misdemeanor Death by Vehicle, a …show more content…
These elements directly correlate to the crime committed by Dallas. Further, while Dallas potently had reason to break the speed limit initially, because of terror from witnessing the killing of Amber, once the threat was over there was no longer legitimacy. It was perversely mentioned that it may be possible that Dallas committed Felony Death by Vehicle and this becomes somewhat convoluted. To begin, Dallas and Zack are police officers, individuals trained to navigate high stress situations similar to this case. Included in this training is the repression or at least management of systemic physiological reactions that both individuals were experiencing. Further, the encounter with Zack would have undoubtedly caused Dallas’s body to release chemicals such as adrenaline, noradrenaline and cortisol, chemicals known invoke a fight or flight response. Being an individual trained to manage such reactions, Dallas instead allowed himself to be controlled by these impairing substances. Further, being under the influence of an impairing substance worsens the charge to Felony Death by