Legal Question in Criminal Law in Virginia
neglegent homicide
a drunken person seen trying to start a wood heater told to go to bed. Guardian goes to bed, comes back and sees the person lying on floor with mouth open(knowing he could have sleep apnea and snored), went back to bed. The person laid there from 9 AM until almost 2 PM before 911 was called and pronounced him dead. M.E. determined death to be due to poisoning (darvoset, alcohol and xanax. The one who let him there took xanax. The person who died did not have prescriptions for the 2 drugs.
1 Answer from Attorneys
Re: neglegent homicide
Was the alleged guardian possibly civilly negligent
in the scenario described?
Quite possibly.
Is it likely that this alleged guardian's failure to act as described in this scenario amounted to some criminal act such as negligent homicide.?
No, probably not, but a full autopsy should be performed on the victim to determine whether the alleged guardian may have had something to do with the alleged poisoning of the victim.
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