Manslughter vs Murder: Fire or Ambulance

[ckroll 101]

Murder verdict in death of Delaware City medic

Judge rules her a firefighter acting 'in the line of duty'

By SEAN O'SULLIVAN • The News Journal • November 21, 2009

http://www.delawareonline.com/apps/pbcs.dll/article?AID=2009911210330

While visiting my mother in Delaware, this was a headline on the newspaper. The short version is that a woman, a firefighter, was assigned to an ambulance crew and was killed at the scene of an accident. If she were considered a firefighter acting in the line of duty, killing her would be murder. If she were considered to be an ambulance driver, be charge would be manslaughter.

[antiquefirelt 994]

Not sure why there is a difference, but I assume it's poorly worded legalese. I doubt anyone today see a real difference between those who have a duty to act. On the opposite side, many people could believe laws like this were enacted to protect public servants and if EMS was a predominantly private industry when the law was enacted, they may have been "left out".

[Goose 188]

Not sure why there is a difference, but I assume it's poorly worded legalese. I doubt anyone today see a real difference between those who have a duty to act. On the opposite side, many people could believe laws like this were enacted to protect public servants and if EMS was a predominantly private industry when the law was enacted, they may have been "left out".

A paramedic who works commercial or some other third service EMS is not a public servant? Don't they serve the same public the Firefighters and Police Officers do?

[helicopper 1,050]

A paramedic who works commercial or some other third service EMS is not a public servant? Don't they serve the same public the Firefighters and Police Officers do?

Of course they're public servants but they may not be municipal employees and that may be part of the distinction. In some parts of NYS, firefighters are peace officers so that affords them different legal status than other personnel.

This isn't a matter of perception, it's a matter of legal definitions and apparently its different for FD and EMS in Delaware. I tried to find the murder statutes online but haven't been successful yet. Hopefully once we read the law this will make more sense.

[OoO 24]

I found this on http://delcode.delaware.gov/title11/c005/sc02/index.shtml

§ 636. Murder in the first degree; class A felony. (a) A person is guilty of murder in the first degree when:

[...]

(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

So not quite sure what the article is getting at.

[ny10570 745]

I'm gonna bet shoddy journalism. My guess is the judge was trying to decide wether she was acting in her capacity as firefighter when she was operating the ambulance. I'm assuming she wasn't actually a medic, but assigned to work with the medic or emt on the ambulance.