https://www.google.com/search?q=florida+negligent+homocide&ie=utf-8&oe=utf-8&client=firefox-b-1

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0782/Sections/0782.07.html

https://statelaws.findlaw.com/florida-law/florida-involuntary-manslaughter-laws.html

"When a homicide, the killing of a human being, does not meet the legal definition of murder, Florida state laws allow a prosecutor to consider a manslaughter charge. The state establishes two types of manslaughter: voluntary and involuntary. While voluntary manslaughter describes an intentional act performed during a provocation or heat of passion, involuntary manslaughter does not require intent to kill or even intent to perform that act resulting in the victim's death.

To establish involuntary manslaughter, the prosecutor must show that the defendant acted with "culpable negligence." Florida statutes define culpable negligence as a disregard for human life while engaging in wanton or reckless behavior. The state may be able to prove involuntary manslaughter by showing the defendant's recklessness or lack of care when handling a dangerous instrument or weapon, or while engaging in a range of other activities that could lead to death if performed recklessly."



Pretty fucking clear involuntary manslaughter charges were appropriate here.

that was the proximite cause of death. Instead they acted with callous indifference to a person who was drowning. Had they somehow gotten this person into that situation there would be a manslaughter case, but they didn’t.

Generally there is no legal requirement to come to the aid of another person.

I take it that there is no such law in Florida.

An action so careless that it leads to the death of a person.

Standing by and not helping? Nowhere close.

Victim went into the pond on his own volition, in fact the teenagers were telling the victim to get out of the water.

Homicide or Manslaughter assumes an action on the part of the accused. Doing nothing to intervene in the accidental condition of another person meets neither standard.

they'll realize they were morally depraved assholes when they were teens. Hope they're haunted by what they've done.

So, they would have to be charged with something related to not calling for help. If such a thing does exist, then I would think they'd have to prove that had they called for help then help would have arrived in time to save him. I dunno, I'm mostly talking out of my ass as usual. I do think they were going to attempt to charge them with not reporting a death or something along those lines. I only vaguely recall this story from last year.

https://www.flsenate.gov/Laws/Statutes/2011/406.12

Not reporting a death that would require autopsy. The culpable mindstate is knowingly,though, and if they didn't know they had a duty under the law to report any accidental or suicidal death, it'd be harder to get a conviction, even if the culpable mindstate "knowingly" isn't supposed to mean ignorance of laws is an excuse. Still, their crime would have been inaction, and I'm not sure how Florida applies that particular culpable mind state or "reasonable person" standards to inaction vs action.

The reason not reporting a death is a crime is because it delays police and investigators from determining the exact cause -- also, this gentleman had been reported missing by family members and the department spent two extra days looking for him they wouldn't have had to had they just called 911 to report the drowning and death they witnessed.

It's a charge most often used if a body has been interfered with, but it's not an element of the crime of knowingly not reporting a death. Still, actions to interfere with a body or delay discovery to prevent potential liability for one's self in a death is considered enough evidence to mean they knowingly did it vs negligently or recklessly did it via statute.

https://www.cnn.com/2017/07/21/us/florida-teens-drowning-man/index.html

I mean, when't the last time you picked up the phone and called the medical examiner?

My apartment complex had a brand new manager and she flipped and knocked on my door to help her. I guess she was so nervous she wanted a witness, or something like that. I entered the apartment door, saw her from the door, said, "Yes, she's dead" and we called 911.

I had to give an interview, etc.

I'm in Arkansas, not Florida. Again, I was referring to an article for the misdemeanor police had already said was likely all they could potentially be charged with a year ago, didn't just pull it outta my rear. It says "any person who becomes aware" must ensure the death is reported. Also max punishment is a fine.

But I would assume that given the rest of that section, where it specifically has for LE this law: "It is the duty of the law enforcement officer assigned to and investigating the death to immediately establish and maintain liaison with the medical examiner during the investigation into the cause of death", that for non-LE members of the public, simply calling the main emergency number would satisfy reporting duties. Especially if this statute came from a time when the ME, police, and fire departments all had different phone numbers and no 911, etc.

I'm less thinking the law was meant to apply only to state employees, because of the "any person" language, and more thinking that since it was written both potentially a long time ago and to clarify that physician-attended deaths from natural causes aren't in this requirement, sometimes the person calling will be a hospital, police officer, etc, sometimes they will know the ME's number directly. But for a civilian, calling the authorities and sticking around to be interviewed would surely be enough to avoid an actual prosecution.

Apparently doing nothing and pointing and laughing is also enough to avoid a $1000 fine to the department to give restitution for the man hours spent hunting for the missing guy after they watched him die but told no one.

"We're the 5 teens white?"

How does their race make any difference on their actions or whether or not they should have been charged?

Cant believe you asked that question.

...and how this would change my opinion of what should have happened from a legal standpoint.

Don't care about the race of the teenagers nor do I care about the race of the victim. Morally they were wrong. Legally they probably shouldn't be charged with anything.

I feel bad for the man's family and hope that the teenagers feel remorse for letting him die and learned a valuable lesson.

I don't fault them for not swimming out to try to save him. They would be putting themselves at risk of drowning themselves trying to save him if they are not trained to do so.

their immorality and lack of humanity will be fully developed.

I can't find any info on that anywhere. He did have a criminal record and had done prison time.

https://everipedia.org/wiki/jamel-dunn/

Did the teens have any sort of relationship with him or was he just some random guy to them that they had never seen before? It sounds like the latter, but the article is so vague and uninformative that I can't be sure.

Regarding his disability, apparently he walked with a cane.

https://rationalwiki.org/wiki/Kiwi_Farms#History_and_controversy

It’s so difficult to understand why someone would make a website like that. It’s bazaar, right? I mean, there must be some underlying fear this guy has in regards to autism. Perhaps he was bullied and either knows or suspects he falls into that category as well. It’s upsetting to even think about it.

I'd change my name to Hitler, so I would not be associated with the kid.

I mean, these kids sound like they all regard republican Dirty Donny* as a role model for their "values."

* aka republcian Draft-dodger-in-chief

Rest in peace, Jamel Dunn.

end and I got out of my tube..the current along with the rocky bottom caused me to faulter - and faulter I did..couldn't get a grip - two guys on shore jumped in and saved me..true story...I am forever grateful to these two men...


This cannot just stand on the word of an official in FL....this must escalate....what happened to if you see something say something.....

Even if they’re not guilty of a crime, they are guilty of being awful people.

"Not Waving But Drowning"

That's not meant to make light of these genuinely tragic circumstances; it's just what popped into my mind.