Witnessed my friend's "accident"

[tomtoddle]

Jurisdiction

California

My friend and I were walking along a raised walkway over a park. We had been lugging around a large stone that we found further back, and my friend wanted to dispose of it, as it was slowing us down. He decided to drop it off of the walkway to hear the sound it would make when it hit the ground, as nobody was beneath us, but right when he let go, a man appeared out of nowhere and the rock landed on his head. We ran away as fast as we could and drove home. We think he got hurt as it was a pretty heavy rock and I want to know if I can be charged with any crimes as a result of my friend's actions?
Thank you,
Tom T.

 

[army judge]

We think he got hurt as it was a pretty heavy rock and I want to know if I can be charged with any crimes as a result of my friend's actions?

If what you've posted actually occurred, I suspect the agents of local law enforcement will be contacting both of you, sooner or later.

Posting about the incident all over the internet will probably assist your pursuers in locating, capturing, and convicting both of you for anything from attempted murder to attempted reckless/negligent homicide.

In California, Negligent homicide is defined as a criminal offense in which a person commits some act of criminal negligence, and it results in the taking of a human life. Criminal negligence refers to conduct in which a person ignores a known or obvious risk or disregards the life and safety of others. Under California law, negligent homicide cases are charged as involuntary manslaughter, per Penal Code 192b PC.

Examples

• leaving a Pitbull with a history of attacks off leash and the animal kills a person.
• texting while driving at top speeds in a crowded neighborhood and hitting (and killing) a pedestrian.
• firing a weapon in the air at a crowded celebration and the bullet strikes and kills a participant.

Defenses

People accused of negligent homicide can challenge the accusation with a legal defense. A few common legal defenses include defendants showing that:

• they were acting in self-defense,
• the "victim" was killed on accident, and/or
• there is insufficient evidence to support a guilty verdict.

Penalties

A violation of Penal Code Section 192b is a felony offense (as opposed to an infraction or a misdemeanor). The crime is punishable by:

• custody in state prison for up to four years, and/or
• a maximum fine of $10,000.

“Negligent Homicide” in California – Definition & Penalties

https://www.youtube.com/playlist?list=PLWMyGtcnDIhG-JklF4Fz-IH3cigqDawHQ In California, Negligent homicide is defined as a criminal offense in which a person commits some act of criminal negligence, and it results in the taking of a human life. Criminal negligence refers to conduct in which a...

www.shouselaw.com

 

[Zigner]

Yeah, you both did this, although it sounds more like homework.
(Or, maybe, a scenario you dreamed up while drinking and/or smoking da weed)

 

[adjusterjack]

Whenever I think that the human race has reached the ultimate level of stupidity someone comes along and elevates stupidity to an even higher level.

 

[welkin]

He decided to drop it off of the walkway to hear the sound it would make when it hit the ground, as nobody was beneath us, but right when he let go, a man appeared out of nowhere and the rock landed on his head.

That is just Bull***t. If you drop a rock off the overpass from a distance of 15-20 feet, it will hit the ground in less than a second. That is the laws of physics. So, there is no man appearing out of nowhere. Your friend either intended to drop the rock on the man or it didn't happen. But if it did, you and your friend would have committed a crime, most likely to commit attempted murder.

 

[EeeeekitsaMouse]

Something like this happened where I live about 30 years ago. A few juvenile delinquents dropped a large rock off of an overpass and hit a car, causing brain damage to the poor guy in the passenger seat. The kids were caught and they all were charged, not just the kid who actually dropped the rock. I hope this happens to the fine example of humanity here, too. Doesn't care about the person they injured or killed, just cares whether he'll get in trouble.

 

[Michael Wechsler]

Reminded me of the 1996 movie "Sleepers" where our main characters steal a hot dog cart and toss it down the subway stairs, thinking no one will get harmed until a man appears and is almost killed by the cart. Our 'protagonists' ended up in jail for quite a while, likely for the same reason this is a crime.

Even if you didn't intend to harm anyone, it is certainly foreseeable that someone or something could be traversing below an overpass that stands above and over a park area. It doesn't matter that someone might have pushed a rock off the top of the overpass the moment someone happened to be emerging below and didn't see that person. Reckless Endangerment is a criminal charge that is a felony for a first degree charge. In New York, second-degree manslaughter or reckless homicide charges stem from recklessly or carelessly causing the death of another person, even if the actor did not intend to kill anyone.