Legal Question in Criminal Law in New York

manslaughter?

Wife is intimate to husbands diagnosis of parania schitzaphrenia/bipolar disorder in a treatment facility along with other family. Clinical fear of authority and law enforcement stalking him for irrational violence delusions. All are warned and prof advised what is sure to cause a psychotic episode for him. After divorce the ex-wife uses this info for malice and repeatedly over years contacts ex husband-''The State Police are coming to get you!'' ''The mafia sent a black limosine to come get you here -I told them where you are'' '' The FBI are coming to get you tommorrow'' ''Federal marshalls want to get you''. This intentionally causes many dangerous episodes, conciously repeatedly absorbed by family,caregivers and local ambulance and police, over and again in malice.

Wife is warned and confronted by family to stop malicious triggering . Phone calls from her are forbidden.She does not relent. Then one more maliciously timed and intended phone call, while he was outside his support and protection creates another dramatic predictable episode to the exhusband and when psychologically imbalanced and terrified during this created psychotic episode, he is struck by a car and killed.

Is this a type of homicide?


Asked on 5/31/08, 6:26 am

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: manslaughter?

I honestly cant see how, there has to be some proximate cause for a crime, as well as some foreseeability - here it could not really be said to be foreseeable that the end result would have been what it was.

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Answered on 5/31/08, 8:35 am


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