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At the 1994 annual awards dinner given for Forensic Science, AAF president Dr. Don Harper Mills astounded his audience with the legal complications of a bizarre death. Here is the story: Mr. Opus had jumped from the top of a ten story building intending to commit suicide. He left a note to that effect indicating his despondency. As he fell past the ninth floor his life was interrupted by a shotgun blast passing through a window which killed him instantly. Neither the shooter nor the deceased was aware that a safety net had been installed just below at the eighth floor level to protect some building workers and that Ronald Opus would not have been able to complete his suicide the way he had planned. "Ordinarily," Dr. Mills continued, "a person who sets out to commit suicide and ultimately succeeds, even though the mechanism might not be what he intended, is still defined as committing suicide." That Mr. Opus was shot on the way to a certain death, but probably would not have been successful because of the safety net, caused the medical examiner to feel that he had a homicide on his hands. The room on the ninth floor whence the shotgun blast emanated was occupied by an elderly man and his wife. They were arguing vigorously and he was threatening her with a shotgun. The man was so upset that when he pulled the trigger he completely missed his wife and the pellets went through the window striking Mr.
Opus. When one intends to kill subject "A" but kills When confronted with the murder charge the old man and his wife were both adamant. They both said they thought the shotgun was unloaded. The old man said it was his long-standing habit to threaten his wife with the unloaded shotgun. He had no intention to murder her. Therefore, the killing of Mr. Opus appeared to be an accident; that
is, if the gun had been accidentally loaded. of his father to use the shotgun threateningly, loaded the gun with the expectation that his father would shoot his mother. Since the loader of the gun was aware of this, he was guilty of the murder even though he didn't actually pull the trigger. The case now becomes one of murder on the part of the son for the
death of Ronald Opus. He had become increasingly despondent over the failure of his attempt to engineer his mother's murder. This led him to jump off the ten story building on 23 March, only to be killed by a shotgun blast passing through the ninth story window. The son had actually murdered himself! So the medical examiner closed
the (A true story from Associated Press, reported by Kurt Westervelt) |