Originally Posted by doekiller
Originally Posted by jawbone
The fact that Big John was not wearing a badge or uniform may be what saves the kids life and gets him convicted of Murder instead of Capital Murder. Everyone in the area knows Big John and sadly, that fact looks like it caused him to be complacent and tragically, cost him his life.

It is capital regardless. It is a capital crime to kill someone by shooting into or out of a vehicle. However, it is not a death eligible capital murder simply for firing out of a vehicle. The punishment would be life without parole. I don’t believe they can get the death penalty in this case. If the sheriff wasn’t on duty, then the death penalty doesn’t come into play for killing a law enforcement officer. The officer has to be on duty and acting in an official capacity.


I may be wrong and you may can correct me if I am but isn't the high sheriff of the county considered to always be on duty because he has a jail?

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