Why was he charged?

Question

http://www.nevadaappeal.com/apps/pbcs.dll/article?AID=2007106090113

Can anyone explain to me why Anthony was charged with second-degree murder? I don't know anything about any of this kind of stuff, but I can usually get it to make sense to my immature little brain. I'm not "arguing" that he shouldn't be charged, I just want to know if anyone can tell me why it was justified.

Answer 1

"Guastella told investigators he and Xavier were good friends and he had on several occasions ignored Xavier's requests for pills, but he eventually agreed to get the pills."

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life.

Taking a medication that is listed as a Schedule II drug (an extremely "potent" or strong depressant in excess would make the "reasonable person" believe that one could overdose!

In this persons case...he allegedly gave an amount of controlled prescription narcotic drug to someone when he isn't a doctor therefore he "distributed" a controlled substance that if taken improperly could cause death!

If this response doesn't answer your question...feel free to email me directly and maybe I can provide you with further help if needed.

Best wishes.

Answer 2

I'm guessing that prosecutors think they can make a "callous indifference towards human life" argument. Basically, if someone exhibits a callous indifference towards human life, and that indifference leads to a death, that's second degree murder. An example would be someone knows they have a very dangerous dog that routinely attacks people and also knows that children routinely play in the yard next to his, then letting the dog out would be showing a callous indifference to those children's lives. If one of them died as a result of a dog attack, that's second degree murder.

There's probably some information that's not reported. For example, if Anthony knew that the decedent would take all the pills at once, then selling him a lethal amount of pills would be callous indifference. I don't know that's what happened, it's just an example.

Answer 3

I'd have to know a little more about Nevada law, but I know that some states have laws on the books that hold the person who provides the drugs responsible in situations like this. It's geared more toward drug dealers, but the idea is a person who dies of an overdose (accidental or intentional) never would have OD'd if the accused didn't provide the drugs. Somehow I doubt that this guy would be convicted of second-degree murder unless they can show that he intended to kill the victim, but he may be convicted of a lesser charge of involuntary manslaughter.

Answer 4

i could possibly see a negligent manslaughter .. if that .. and other drug charges .. but murder? this is what our lawsuit happy, fair to everyone country gets us .. unconstitutional things that people tolerate at their convenience

Answer 5

Cause he was selling it to him. Someone probally ratted him out also!