This is logic that says that if I point a gun at a crowd of people and shoot blindly, I haven't "murdered" anybody, because there was no one person I intended to kill, and, in fact, I might just as easily have gotten lucky and killed nobody, so what intent could exist to prove against me?
> This is logic that says that if I point a gun at a crowd of people and shoot blindly, I haven't "murdered" anybody, because there was no one person I intended to kill, and, in fact, I might just as easily have gotten lucky and killed nobody, so what intent could exist to prove against me?
No, in the example you've presented, that is directly demonstration of intent to kill using a device (a gun) that has high probability of death. That is not the point I've made and you are attempting to bend what was said.
Conviction of depraved heart second-degree murder requires PROOF that the defendant acted recklessly under circumstances manifesting extreme indifference to the value of human life.
"There is no proof that the accused party intended to kill"
It does not require that they "intended to kill." It just requires that they "acted recklessly under circumstances manifesting extreme indifference to the value of human life." You find it hard to believe that anyone could consider it reckless (and indifferent to the life of the victim) to send a team of gunmen, who you've explicitly instructed to be on high alert?
Prosecutors will get to describe the crime in any frame they choose, and a jury of humans will get to decide whether it's murder.
Assuming this player is in an extraditable country, I predict he's going to rot in jail for the rest of his life. It's not like he was playing CoD through TOR. He won't be hard to find.
People already have the gamer tags of the two people involved in the shooting (the swatter and the person he was intending to swat, but who gave a false address) and even have tweets from the alleged perpetrator (now deleted) who claimed he wasn't responsible.
So yes, it's a very short matter of time before police start knocking.
