Stephen Moller, sentenced June of last year to three years in prison for fatally punching 17-year old Sean William Kennedy (pictured) could be out as soon as next month thanks to South Carolina’s early parole system, meaning he would have served a total of eight months for the murder.
8 months.
In 2007, Moller saw Kennedy walking out of a bar and stepped out his car, called him a ‘faggot’ and punched him in the face, breaking it in the process. Kennedy fell to the asphalt and the injury separated his brain from his brain stem, killing him. Moller went home and left a voicemail on one of Sean’s friends cell phones saying “You tell your fagot friend when he wakes up he owes me $500 for my broken hand.”
Sean never woke up.
Sean’s mother is asking people to write in to the parole board to make sure what little justice was served to Moller is fully carried out.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
The details of the effort are at Sean’s Last Wish, the foundation set up in Kennedy’s honor to help establish hate-crime legislation in South Carolina:
“Help, stop early parole!
Sean Kennedy’s family will never see justice done for Sean. Because of the inadequacy of South Carolina murder laws and the lack of hate crime statutes, his killer, Stephen Andrew Moller, could be out of prison as early as February. We must protest this injustice and ask the parole board to make Moller serve the remainder of his sentence.
Moller was plea bargained down to involuntary manslaughter and received a suspended 5 year sentence for his crime. Because of the credit he received for time he served before his sentencing, the longest possible time he will have to serve in prison is until September 2009. Despite the violence of his crime, he could be eligible for parole by this coming February, meaning that he will have served only 8 months since his sentencing in prison.
The parole board is currently conducting an investigation to decide whether to allow him to have a parole hearing, so it is critical that they hear from you that Stephen Andrew Moller violently murdered Sean Kennedy and should serve the remainder of his sentence!
Please consider writing a letter to the parole board and ask them to deny Stephen Moller parole and serve out his sentence. In your letter, please remind the board of the violent and unprovoked nature of Moller’s offense and the pain and suffering it has caused in the lives of Sean Kennedy’s family and friends. If you have the time, please write a personal letter by hand or by computer, as those will be the most effective, and if you knew Sean or his family personally, please include that information.
Also, please let Elke know if you send a letter and if possible, send her a copy of the letter, so she can have copies to take with her to the parole hearing.
Be sure to include Moller’s full name and ID number:
Stephen Andrew Moller – SCDC ID # 00328891.Send your letters to:
Department of Probation Pardon and Parole Services
2221 Devine Street, Suite 600, PO Box 50666
Columbia SC 29250
”
We know you’re busy people who probably haven’t mailed a letter since 2003, but if you have a moment today, consider writing a letter to the parole board. Whenever we hear anti-gay sophists argue that gays and lesbians ought to accept second-class citizen status, we remember that the consequences of their efforts are deaths like Sean’s. It’s easy to pooh-pooh marriage equality efforts, hate crime legislation and nondiscrimination efforts, but Sean’s death is reminder of why we fight for these things. It’s a reminder that so long as discrimination is socially acceptable, gay teenagers will be killed for no other reason than who they are. It’s a reminder that so long as discrimination is socially acceptable, the perpetrators get off with minimal sentences. Eight months is an outrage.
Are you angry? Here’s a chance to make a difference.
Matt
I don’t know how I feel about crimes being called hate. Shouldn’t a murder be a murder and be sentenced accordingly. What happens when the tables are turned and some angry gays beat an Evangelical. Would we still want these hate crime laws to apply?
I’m not saying he shouldn’t be forced to complete his whole sentence but maybe this judge sees a chance for this kid to be reformed instead of serving so long and becoming a hardened criminal.
Unfortunately, they are not going to look at him as a murderer but as someone who committed manslaughter. The blame for this really falls with the State for making a play for a lesser charge and not murder.
Japhy Grant
@Matt: This may be a discussion for another post, but the reason you need hate crime legislation is that prosecutors need to be able to establish motive in these crimes. Without motive, sentences tend to get reduced, as is the case with Moller.
tallskin
I don’t understand this at all. A bigot murders someone and only gets one and half years in prison???
It almost makes me feel that vigilante justice is warrented – blow off his legs with a shotgun when the cunt is released from jail. But don’t kill him just ensure he can never use his legs again.
I say almost…….
kiltnc
DONE! Letter is in the mail.
nae
i’m sending a letter. how do i get a copy to Elke?
Kevin (New Jersey, US)
8 months for murder?
Or 3 years for punching someone in the face?
I tend to doubt that this Moller fellow intended to *kill* anyone. Involuntary manslaughter actually sounds appropriate for what this guy did. Do I think calling someone a “faggot” and punching them in the face is OK? Of course not. But I think that the *death* part of this scenario was probably freakish and accidental.
Also, do we know that this Moller fellow committed a “hate crime”? I mean, maybe he was angry at the victim for some other reason? (The reporting is silent on other circumstances of this crime.) I think there’s a difference between A.) being very angry at someone, calling them a nasty name that plays on something specific them (gender, sexual pref., weight, race, etc.), and punching them, and B.) committing an assault on someone *because* they are of a minority group, with the intent not only of hurting the victim of the assault, but of terrorizing other members of the same group.
chuck
@Matt:
@Matt: @Kevin (New Jersey, US):
WTF??? Sean William Kennedy is dead because of Moeller’s heinous actions and you are arguing details, details, details.
This is a travesty of justice.
Why do the “Let’s talk this over, now”, self-hating queers (I’m assuming that you are queers, btw) always come out of the woodwork to defend the attacker when one of our own is brutally beaten to within an inch of his life or murdered?
How many times do we have to listen to this “He needs a chance to be reformed” rhetoric” when hundred of gays are being laid low on the streets of our American Cities? What the fuck is wrong with sick wackos like you, anyway?
The kid is dead for Christ’s sakes. What the fuck difference does it make whether Moeller meant to do it or not?
Moeller had no fucking business calling Kennedy a faggot, much less punching him in the face. We live in a law-abiding, civilized society. You have a beef with someone, call the cops or take them to court and sue the ass off them. This is not the old west and you don’t take the law into your own hands, no matter what the rationalization for brute force.
Call it whatever you want, it’s over the fucking top behavior. Kennedy needs a course in anger management, at the very least. You try doing what he did and see what Lilly Laws they do to your queer ass. You’ll be serving a life sentence, if they don’t fry you in the electric chair first.
I was the victim of a similar beating at the age of 15 right here in Sulphur Springs, Florida. Three other teenagers pulled up behind me in a car as I was walking home from an outdoors roller skating rink on Bush Blvd. They kicked the living shit out of me, just for talking with a boy at the rink. One of the three boys who attacked me, was the brother of the boy I was chatting with.
They me in a pool of blood and luckily, I survived. All these years later, I still bear the scar from that beating on the back of my skull.
The year was 1951. They got away scott free with the attack because in those days, you didn’t report such things to the police in the deep south if you were queer.
Had I, they would have finished the job my attackers left undone.
chuck
PS: To posters Matt & Kevin.
Find yourself some butch, homophobic, stra8 guys (at least three or more) to hit on so that they have a perfect excuse to punch your headlights out, and if you survive that experience, come back here and tell us how you feel about your attackers and whether they should just be “reformed” as opposed to being punished for their uncalled for and henous actions.
I’ll be dollars to donuts that you’ll be singing a much different tune.
Walk. Mile. Moccasins.
chuck
Typo. be should be “bet” in next to last sentence.
Jay
@Matt:
umm if a crime is committed simply because the person is in the state of being something (gay, black, asian, bisexual, straight, christian, muslim, etc) and the other person does not like it and murders them because of it, then yes. It is a hate crime. If a gay beats up a guy because he is christian, i think it should also be a hate crime.
However beating up somebody because they are gay is not covered under what a lot of states say is a “hate crime”. Hate crimes usually, as far as i know, probably doesn’t go past race. I just know I don’t want to get the shit beaten out of me by some random hillbilly just because he happened to find out I was gay when I was minding my own business. I mean, I just thought that people weren’t supposed to beat the crap out of each other just because they were a little bit different. But, apparently not. Apparently I am just a lot more enlightened than a lot of people. Maybe I’m the next Ghandi or something. OR MAYBE I just have some COMMON SENSE.
Robert in SC
You can communicate with Sean’s Mom, Elke Kennedy, and learn more about this tragedy @ http://www.SeansLastWish.org
BrianPrince
First… if he punched him, and the kid died, it’s HIGHLY unlikely that he was charged with murder — legally, there’s a completely different definition, and you calling it murder, simply because somebody died, and that word incites anger more than the actual terms for the crime… is absurd, and is again, indicative of the bias in the media.
It’s likely that he was charged with involuntary manslaughter — essentially… that means the guy took an action which normally doesn’t result in death… but it resulted in death. It’s not murder… murder requires that it be your intent to kill somebody, and that you take actions to do it… in the legal system, in the definition of a crime, there are two parts… the mens rea (mindset) and the actus rea (act). While the result of the act was somebody’s death… this person (obviously) lacked the intention to kill… and, instead, through is negligent (and likely inopportunely timed) action, did something that ended another person’s life…
Etically… somebody died, and you’ll do what you can to insite rage, to inspire action… you should, however, call it what it is — and… I’d bet you a good sum he probably wasn’t charged with murder, but was instead charged with some form of manslaughter.
Either you people (the writers)… are complete fools with no sense of morality and ethics — except that which you impose on others… or you’re just idiots.
BrianPrince
*ethically* not “etically” I don’t want to give you anything to sling back at me.
chuck
@BrianPrince:
And make sure todot every ‘i’ and cross every ‘t’ while you are at it. I mean, you certainly don’t want any of us “fools” and “idiots” challenging your ever so correct, cold, clinical and cavalier legal assessment of what actually happened.
Old Clarence Barrow himself with his fingers hitched in his overall straps strutting about the courtroom floor like some proud cock, telling us fools and idiots how it really is.
“simply because somebody died” Just listen to the trivialization and marginalization of the loss of a human life here. Damn. You’d make a great Bush or Cheney aide.
“Simply because somebody died”. Well, how fucking rude of Sean to up and die like that and make so much trouble for poor Moeller who was just enjoying some macho “horsing around”. I mean, it was only a joke, right? Didn’t Moeller make a joke about it after all when he said…
“You tell your fagot friend when he wakes up he owes me $500 for my broken hand.”
Do you get that Moeller, after striking Sean in the face, simply walked away leaving Sean lying in the gutter and not moving. Did Moeller give a shit whether Sean was alive or dead? He didn’t give a good shit one way or the other. And now you trivialize Moeller’s actions like it was some kind of fluke that happened all by itself without any involvement on his part?
See, it really was all just good, clean fun. Moeller never meant Sean any harm. Why couldn’t Sean have been a better sport about it? Jeez. Some people are such spoil-sports and party- poopers
That’s all this person is to the like of you, “somebody” that you cannot even bring yourself to call by name. It’s so much easier to kill ‘somebody” than to kill Sean William Kennedy, a real live human being who had a life and an identity before Moeller took it away from him.
Not even a word of sympathy for the victim whoremains namesless in his diatribe about legalities. Can anyone imagine this heartless bastard talking to Elke Kennedy and saying something to the effect of, “You know, Mrs. Kennedy, you really shouldn’t be carrying on like this, simply because somebody died.”
You give new meaning to the term “hard-hearted Hanna”, bud.
Adding insult to injury and diminishing Sean even further, you go on to say…
“Etically… somebody died, and you’ll do what you can to insite (your spelling) rage, to inspire action…”
You say it like it’s a bad thing…to inspire action that is. When cold-blooded murderers (and that the name for them) walk free after serving a year and a half sentence for taking the life of another human being, you can bet your sweet-fucking as we are gonna call for action.
Moeller is NOT the victim here. Sean is. And that is a plain fact that seems to have completely escaped your attention.
Move over, Matt and Kevin and allow this asshat to sit down between you. The Prince is about to keel over from the weight of his bloated, egotistical fat head that is causing him to loose his balance.
chuck
PS: It’s precisely because of mollycoddlers like you, that so many of us are being bashed and murdered in the streets of our cities.
A clear and present message is being sent to the fag-bashers that it’s ok to kill a faggot, especially if you do it in the name of Christ, Yahweh or Mohamed.
The Christians, Jews and Muslims recommend it and American judges and courts uphold it.
Is this a great country, or what?
Ed
It’s really not clear to me why people have a problem with hate crime legislation and there seems to be no shortage of knee jerk right-wing reactionaries…
Yet for all the outcry, a federal hate crime bill has still not passed. If and when it does (Obama- you can step in here @anytime), some of it’s most effective components will be to provide funding in cases where there isn’t enough in the local municipality or if the federal gov’t. determines that said area isn’t, [ahem] up to the task.
Here’s a great overview of the bill’s latest version>> http://thomas.loc.gov/cgi-bin/query/D?r106:1:./temp/~r106K9nDa5::
That being said, for all the so-called legalblog excerpts here, the definitions and applications of manslaughter (involuntary/voluntary) and murder (1st, 2nd, 3rd-degree) vary state to state but there have been many cases of fatal punches in U.S. courts with much harsher sentences. (Look them up yourselves.)
Perhaps if there was a federal statute this case might have been deemed a hate crime and more information might have been gleaned as to whether this is an involuntary or voluntary manslaughter. (btw- BrianPrince please learn more about the subject matter at hand so you don’t come off as etically[sic] challenged.)
Then again, even if there was a federal hate crime bill, it might not apply to this case. However, my suspicions are understandably aroused when there is an assault on a lgbt person in Greenville County, South Carolina. According to news reports even the local deputies said that the motivation was due to the victim’s sexual preference.
Oh, and I would argue that if you place your hands on another person you are assuming responsibility for your actions without qualification as to the consequence. But that’s just peace loving, letter writing me.
BrianPrince
@Ed:
You, sir, must have been the fool of whom I was speaking.
I didn’t say it’s not a big deal that somebody (Sean Kennedy) is dead… it is, in fact, a big deal — I said “somebody” instead of giving a name, because I spoke in generalizations throughout — you’ll notice I didn’t use the name of the boy in prison, either… because a generalization isn’t specific, by it’s very nature.
You said, “Did Moeller give a shit whether Sean was alive or dead? He didn’t give a good shit one way or the other. And now you trivialize Moeller’s actions like it was some kind of fluke that happened all by itself without any involvement on his part?”
Indeed, he did not… that is, in fact, why it’s not murder. Is it right? Certainly not… should he be punished? Absolutely — probably even much longer than 8 months… my issue isn’t with action being taken to keep him in jail (quite honestly, I think that 3 years is even a bit lenient for any form of manslaughter)… my issue is with it because called murder… without the mindset (which you, yourself, indicated was lacking, in the quote above), it’s not murder.
You say that the guy in jail isn’t a victim — but he’s being accused of something that he didn’t do by… what appears to be a nationally read blog. (Not that Kennedy isn’t dead… but it’s not murder… it’s legally different).
@chuck:
I’m relatively confident that my ability to distinguish legal definitions from one another is… at minimum, par with the majority of users of queerty.
That being said, I’m not entirely certain if you’re referring to me as one of the “people” with an issue with hate-crime legislation, but if you are… I seriously urge you to read my other posts here on queerty — while some of them may well be nonsensical, some of them are not — and I believe that I discuss my opinion with regard to hate-crime legislation… and putting hands on somebody out of malice, without their permission (I may have done that in the Lawrence King entry).
I support federal hate-crime legislation — I think that if a crime is committed against a minority group, with motive and evidence enough to prove it a hate crime, the offender should be sentenced to twice the maximum sentence… as I’ve posted before.
I, however, oppose calling an illegal act a murder – when that illegal act is not murder. If you’ve taken a criminal law course, certainly you’ve had to deal with the ethical dilema of separating the moral definition of “murder” from the legal defition of “murder.”
I agree with you — the various forms of manslaughter and murder are controlled by the states — but to be honest, I don’t know of any state that allows for a definition of “murder” in most situations, where the offender lacked the prequisite mind-set (intent for the forthcoming action)… and I agree that many federal (and for that purpose, state) cases dell out much more strict sentences… my step-father was sentenced to prison for seven years for involuntary manslaughter because he hit a guy in the head with a pool cue.
So… I didn’t say that it was right for this offender to be released… you just assumed I did, and I didn’t say that he should have only been sentenced to three years (you just assumed I did), and I didn’t say that I opposed federal hate-crime legislation.
What happens when you assume something?
“You make an ass out of you and me.”
Pardon any spelling errors… Oh grammar fairies, I’ve slept two hours in the last two days, and am dyslexic, on top of that… (you may also care to note my fondness of the elipses, I over-use it… becuase it’s a fun punctuation mark).
Larry
I, too, am at a loss as to why people oppose hate crime legislation. I keep hearing the usual right-wing arguments that “all crimes are hate crimes” or that hate-crime laws are tantamount to “thought-crime” laws, but that really doesn’t cut it for me. The whole purpose of a hate crime is to violate the ability of people to exist and express themselves. It’s to tell black people that they don’t get to live in previously whites-only neighborhoods or to tell gay people to go back into the closet. In that respect, the intent of a hate crime is similar to that of terrorism.
To those of you who can’t seem to wrap your heads around hate-crime laws: For the sake of fairness, will you also accept that there should be no such legal concept as terrorism, and that acts of terrorism are really just normal violent crimes, no different than stabbing a guy to take his wallet? Will you also accept that the law should make no distinction between the murder of a government employee or elected official and the murder of an ordinary citizen? If a terrorist bombs a government building at night and unknowingly kills the janitor, should he or she be charged only with vandalism and involuntary manslaughter?
Jaime
Chuck you’re my hero. Now go have a fuckin’ drink before you stroke out Mary!!
e.moller
I am gay, from Greenville SC, and also happen to be Stephen Moller’s cousin..
He is neither a bigot or gay-basher or homophobic.
He was ignorant, uneducated and insensitive to the word “faggot.”
These kids were in a bar drinking late at night where they didn’t belong. It resulted in the tragic, freakish, accidental death of a young man, who happened to be gay. This does not constitute murder, nor suggest a hate-crime…
Nick
@Matt:
You need to be in therapy because obviously from your comment you have lost of touch with reality. Not to mention a refresher course in reading comprehension. The guys got out of his car called Sean a Faggot and bashed in him the face – what is that a love crime? Wake the fuck up or fuck off.
Kid A
@e.moller: Not homophobic, not a gay-basher. Which leads me to wonder why the same person called a gay man a “faggot,” punched him in the face, thus killing him. I truly hope for your sake that if such a brutal attack happened to you, the killer’s cousin wouldn’t trivialize your death.
BrianPrince
@e.moller:
I dare say that anybody in the 21st century, who is “insensitive” to the word “faggot” any more than the word “beaner, spic, honkey, chicano, nigger…” is a biggot — whether he’s your cousin, or not.
I agree… what he did likely doesn’t constitute murder, and I dare say he probably wasn’t charged with murder… but because of his actions, another person is no longer allowed to live… whether it’s a hate crime, or not… is irrelevant at this point.
The issue is… eight months is an entirely inadequate sentence for mansluaghter of any type.
I’m sorry that your cousin is in jail (and I zealously defended him being called a “murderer”)… but I think he should stay there… it’s a pitty, really, that he only got three years, and it’s an absurdity that he has the potential for release after only eight months.
Jenn
@BrianPrince:
..Although he may not have planned for Sean to die, he did wait for him to leave that night. So he knew something would happen.
splitting hairs isn’t doing anyone any good here.
Because of those actions, Sean’s family was left without a son, brother, and friend. You can’t use empty words to console them, and I can guarantee that in the justice system of this state, crimes are pled down more times than we can imagine when they, in actuality, shouldn’t be. Just because the prosecutor here didn’t think he wanted a murder trial, does not mean, that a murder didn’t occur.
To those who loved Sean, it’s a matter of justice. 8 months for taking a little piece of beauty out of our world is nothing.
iain
Chuck has it excatly right, says it eloquently and closes the argument. He’s said it all. Thanks.
iain
I mean “exactly”.
Dawn Kennedy
I guess some things never change…… Im Seans sister, and honestly Im kind of disgusted with some of the comments. Although Im extremely used to this by now it is still somewhat shocking.
I wish everyone…. both sides…. would just sit back and think about the important part of the issue at this moment.
My brother is dead. Nothing is going to change that. BUT we can make sure that the man that did this… whether on purpose or accident… whether he yelled a homophobic slur or not ….. IT DOESNT MATTER RIGHT NOW!
I have my own opinion about what happened, and while I dont feel the need to share every bit of that, I do know that Stephen Moller made ‘a mistake’. It enevitably took the life of my baby brother, and I see no reason why he shouldnt serve out the remainder of his sentence…. which will end in July 2009 assuming he does not make parole. Let him stay in there and think about how his actions have affected a family AND a commnunity. He will have the rest of his life to make right, but right now I feel it neccessary for him to stay in and suffer the consequences of his actions.
I realize people will have their own opinions, Im just asking for everyone to stick to the subject at hand. Parole for Stephen Moller. Please write a letter, no matter what your side is, I think that we can all agree that this was a tragedy and he should serve his time. Its the least he can do.
sal
dawn im sure there are tons of people who shed tears for your brother,and some who justify the murder of this man who u cant deny hes a gay man,and the world will look at him this way and because of this again i say some will justify his MURDER ,LIKE YOUR BROTHER FELT JUSTIFIED TO FATALLY PUNCH HIM BECAUSE HE WAS A “FAGGOT”.whos gonna shed tears for this gay man and all the gays who get killed??????????WHO??????certainly not u!do not critcize us when even the justice system cries for your brother than this dead ‘faggot”
sal
let me correct my last comment that suggests that dawn is the sister of the murderer my simple error but i hope that the underlying message still is clear…sorry for the error
ty jones
Dawn, this Guy hit your brother beacuse he was gay, killing him in the process, then he CALLS your brothers friends to say your brother owes him for his broken hand. ARE YOU KIDDING ME! this guy deserves life! he killed a guy, weather intentional or not. He INTENDED to hurt your brother. AND YES it is important that your brother was gay, because if he was STRAIGHT he would not have been hit by that idiot and would still be alive today. WAKE UP DAWN!
Let me put this in perspective for you, the guy PUNCHES YOUR SISTER and Kills her for being FEMALE.
or
WHITE GUY Punches BLACK Guy for being BLACK, kills him.
Unprovoked attackes should have harsher sentences.
Why does that guy deserve to think about what he’s done, when your brother will never think about anything ever again. sorry Dawn but you need some perspective here.
Dawn Kennedy
WOW…. you guys need to get back on your meds.
NOWHERE in my comment did I say anything to deserve ANY of what you wrote!
No one here deserves to tell me to wake up! I’ve been awake and LIVING this since that day along with the rest of my family and Seans true friends….. and none of you know or will know how this feels. That phone message that you mentioned… I heard it. I heard the anger in his voice, and I heard him say horrible things in reference to Sean. Years down the road when you have all forgotten about Sean…. we will still mourn his loss…. So dont EVER pressume to know me or put words in my mouth.
Why dont you read what I said in my comment and take it how it was written. But just in case that is to difficult. Let me break it down for ya!
1. No matter what we do, Stephen Moller has already been sentenced.
2. He is know eligible for parole as of 12/28/08.
3. The point of this whole conversation is to get the word out that Moller is eligible for parole, BUT we need your help writing letters to keep him in for the rest of his sentence.
4. I, most likely more than you, realize that his sentence is entirely to short….. but once again revert back to #1.
Any more rude comments???
Amber
@Matt:
They didn’t ‘make a play for a lesser charge’. South Carolina doesn’t provide for a charge greater than manslaughter, but lesser than murder. The reason Moller wasn’t charged with murder is because they said there was no ‘malicious intent’ to kill him. Without that intent, the next charge down is manslaughter. Yes, it’s ridiculous.
In a sense, you’re right about every murder needing to be sentenced accordingly, however I do think it would be very beneficial to have hate crime legislation for the simple idea that if there are harsher punishments for targeting someone based on religion, race, sexual orientation, etc., perhaps (at least some of) those doing the targeting will be more hesitant to commit such crimes. I believe the legislation should cover hate crimes in all forms – yes, including ‘some angry gays beating an Evangelical’.
Sean was very close to me, so I have a personal stake in this. We will continue to speak out until we are satisfied with our state’s legislation.
As for Moller, he may only serve two years and four months by the time it’s over, but karma’s a b*tch. He’ll get what he deserves.
Amber
@BrianPrince:
Oh, you’re so right. I mean, I got ticked off at some guy at a bar one night because he just wouldn’t leave me alone, so I decided to pull out my Glock 27 .40 caliber sub-compact pistol out and shoot him in the leg. Thing is, he bled to death before the ambulance could get there. I mean, I didn’t intend for him to die – if I had, I would have shot him in the head. Right?
/sarcasm
That would – and should – be classified as murder. I understand your ‘legal’ sense of the term murder, but the simple fact is, if the above scenario had happened, I would undoubtedly be charged with murder – presumably because I used a weapon of that nature, knowing it’s ability to cause someone’s demise, despite the fact that a shot to the leg is typically non life-threatening. Generally, a punch to the face wouldn’t be life-threatening, but this time it was. It wasn’t an accident. It wasn’t and act of self-defense. His intent was to do bodily harm, and the end result was a death. Murder. I could really give two shits as to whether you agree or not.
Moller willingly and, by definition, maliciously caused harm to Sean, which resulted in his death.
mal·ice
1 : desire to cause pain, injury, or distress to another
2 : intent to commit an unlawful act or cause harm without legal justification or
excuse
SC law allows for up to a 10 year sentence for high and aggravated assault, yet manslaughter – a DEATH – carries a maximum term of only five years? Absurd! And you’re equally absurd for defending Moller where the term ‘murder’ is concerned.
Perhaps you should spend more time promoting hate crime legislation and writing to our state representatives rather than defending Moller with your farcical talk of the ‘legal’ definition of murder.