State Courts

Common Law: Murder as cause for PV

By Ron Sylvester

Julius Brown, 26, appeared to have dodged a murder charge. Brown was among four men charged with the shooting death last June of 20-year-old Cindy Garcia while she was driving with friends along East Harry. Last month, prosecutors dropped the murder charges against all four.

But not so fast.

Brown was serving probation on a drug conviction at the time of the shooting. The state now wants to use the murder allegation as a probation violation. As Judge David Kaufman explained, the burden of proof at a probation violation hearing is lower than the “beyond a reasonable doubt” required at a jury trial.

(Watch video after the jump)

Full post as published by What the Judge Ate for Breakfast on December 11, 2009 (boomark / email).