MM,III was charged with Second Degree Felony Murder. The State then added a charge of Second degree intentional murder. MM,III was at his home when he observed a suspicious person. He went outside to investigate when this person began acting strangely. A scuffle ensued. This person was a 23 year old male celebrating his birthday and admitted to smoking methamphetamine and drinking. He also admitted that he had just beenreleased from jail two days prior. He claimed to have called his father for help. His father showed up and began a very physical fight with MM,III. It was two on one and the son ripped off MM,III’s shirt causing an injury to his neck. MM,III then ran away and attempted to ask cars in the street to help him. The father then followed him to the middle of the street attempted to punch MM,III. MM,III then pushed the father who then lost his balance and was struck and killed by an oncoming car.
MM,III, went to trial and was acquitted of 2nd Degree intentional murder. That charged carries a sentence of 306 months, (25.5 years). He was acquited of 2nd Degree Felony Murder. That charged carries a sentence of 180 months (15 years). The jury did however find him guilty of Manslaughter in the First Degree or Misdemeanor Manslaughter which has a guideline sentnece of 86 months.
The Defense contended and still mainains that MM,III was acting in self defense. He will appeal the Manslaughter verdice but he has avoided a much stiffer penalty by being acquitted of the much more serious charges.