Count 1- caused the death of Madisyn Baldwin
Count 2- caused the death of Tate Myre
Count 3- caused the death of Hana St. Juliana
Count 4- caused the death of Justin Shilling
Theory 1: Storing a firearm and ammunition and allowed access to the firearm and ammunition to their minor child.
1. Must find beynd a reasonable doubt that the 4 deathes were natural or necessary result of the defendants act.
2. Must find beyond a reasonable doubt that the deaths were due to the defendants gross negiglence manner.
Gross negligent manner means more than carelessness. Willfully disregarding results of others that might follow from an act or failure to act.
To find her grossely negligent you must find the 3 following things beyond reasonable doubt:
1. defendant knew of the danger to another. That is she knew of a situation that required her to take ordinary care to avoid injuring another.
2. defendant could have avoided injury to another by using ordinary care.
3. defendant failed to use ordinary care to prevent injury to another when, to a reasonable person it must have been apparent that the result was likely to be serious injury.
Theory 2:Gross negligency and failure to perform a legal duty
Must prove the following elements beyond a reasonable doubt:
1. The defendant had a legal duty to Madisyn Baldwin, Tate Myre, Hana St. Juliana, and Justin Shilling. In this a parent has a legal duty to exercise reasonable care to prevent a minor child from intentionally harming others or to prevent the minor child to conduct themselves in a way that creates an unreasonable risk of harm to others. If a parent knows that they have the ability to control their minor child and knows of the necessity and opportunity for exercising such control.
2. That the defendant knew of the act facts that gave rise to the duty.
3. That the defendant willfully neglected or refused to perform that duty and her failure to perform was grossly negligent to human life.
4. That the death of Madisyn Baldwin, Tate Myre, Hana St. Juliana, and Justin Shilling were directly caused by the defendants failure to do this duty and that Madisyn Baldwin, Tate Myre, Hana St. Juliana, and Justin Shilling died as a result of the defendants failure to exercise reasonable care to control the minor child as to prevent him from intentionally harming others or from so conducting themself so as to create an unreasonable risk of bodily harm to others knowing that she has the ability to control her child, knowing of the necessity and opportunity to do so.
You must find beyond a reasonable doubt that the deaths were the natural or necessary result of the defendants act. I have waited for these trials. Its about time parents were held accountable when they bought the guns. Let alone, these parents felt after having been told of their sons depraved mind that work was more important.
