After drinking heavily Mark Yoba a young man being initiated into the gang lay

After drinking heavily mark yoba a young man being

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After drinking heavily, Mark Yoba, a young man being initiated into the gang, lay on the tracks. However, in his intoxicated state, Mr. Yoba did not start counting until the train was almost upon him. Mr Yoba did not react quickly enough to move himself from harm’s way and was consequently killed. Holding: Although the behavior of Mr. Richards was hazardous, he should not be held responsible for Mr. Yoba’s death. In analyzing culpability for this tragedy, the court must examine the extent that outside pressure caused the victim to act in such a life-threatening manner. Lying on train tracks is an obviously dangerous activity. Despite his intoxication, there is no evidence that blood alcohol levels were high enough to completely impair Mr. Yoba’s judgment. Despite intense peer pressure, Mr. Yoba should have been aware of the risks of undertaking such an activity. The facts do not support conviction of 2nd degree murder. Regarding criminal hazing, on the other hand, the activities that Mr. Richards selected for initiation put people at serious risk of injury or death. As leader of the Nines, Mr. Richards could have avoided this tragedy by not selecting such a dangerous activity.Judgment of the trial court is affirmed on the charge of criminal hazing and reversed on the charge of 2nd degree murder. Nichols v. New Columbia, 908 A.2d. 1011 (1995) Summary of Facts: On appeal. Deborah Nichols, president of the Alpha Delta Alpha sorority, was convicted of involuntary manslaughter under §4-1213 and criminal hazing under §4-1213 of the New Columbia Code. As part of an annual sorority drinking competition, pledges were told to compete against each other to see who could consume the greatest amount of beer. Tamara Wilcox, a freshman at Dreyfuss University, was a pledge at Alpha Delta Alpha sorority. As a pledge, Ms. Wilcox was required to engage in this drinking competition. The other members of the sorority, as dictated by Ms. Nichols, told the pledges to continue to drink, despite obvious signs of intoxication. Ms. Wilcox died of alcohol poisoning as a result of this hazing activity. Holding: Although Ms. Wilcox could have chosen not to drink, it is quite clear that she was under a great deal of pressure to compete in the drinking contest. Under Ms. Nichols’ directive, members of the sorority continued that pressure despite the fact that Ms. Wilcox’s state of intoxication made her incapable of making rational choices. This activity was clearly
a dangerous one that put people at risk of serious injury and, in this case, death. Though Ms. Wilcox may not have intended to kill Ms. Nichols, she was fully aware of the potential dangers of such hazing activities.Judgment of the trial court affirmed.Anderson v. New Columbia,907 A.2d 410 (1993). Holding: Past behavior or incidents involving the alleged victim or defendant are admissible when used to establish motive for murder or suicide.

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