Updated May 24, 2002, 2:00 p.m. ET
 
Diallo charges

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Diallo Jury Charges

On Thursday, Albany Justice Joseph Teresi ruled that jurors deciding the fate of the four officers accused of murdering Amadou Diallo will consider several lesser-included charges, some of which could lead to relatively little or no jail time.

In addition to the counts of intentional second-degree murder, second-degree murder with depraved indifference and reckless endangerment, jurors will consider first and second degree manslaughter and criminally negligent homicide against NYPD officers Sean Carroll, Edward McMellon, Kenneth Boss and Richard Murphy. The inclusion of the lesser charges give jurors more ways to convict the officers. However, it also increases the officers' chances of surviving the trial with little or no jail time. If convicted of intentional second-degree murder or second-degree murder with depraved indifference to human life, they face 25 years to life in prison. First-degree manslaughter carries a maximum sentence of 12 1/2 to 25 years; second-degree manslaughter five to 15 years. Punishment for criminally negligent homicide ranges from probation to a maximum of four years. Here's a look at the charges jurors will consider:

Charge Description Punishment
Second Degree Intentional Murder
(Class A Felony)
The officers intended to cause the death of Diallo Minimum: 15 years to life
Maximum: 25 to life
First Degree Manslaughter
(Lesser included Class B violent felony)
The officers intended to cause serious physical injury to Diallo and as a result, caused his death Minimum: 5 years
Maximum: 25 years

Second Degree Murder (Depraved Indifference)
(Class A Felony)
The officers acted recklessly with a "depraved indifference to human life" towards Diallo. This created a grave risk of death and resulted in Diallo's death. Minimum: 15 years to life
Maximum: 25 to life
Second Degree Manslaughter
(Lesser included Class C felony)
The officers consciously disregarded a "substantial and unjustifiable risk" and recklessly caused Diallo's death Minimum: Probation
Maximum: 5 to 15 years
Criminally Negligent Homicide
(Lesser included Class E felony)
The officers caused the death of Diallo due to criminal negligence. (They failed to perceive a "substantial and unjustifiable risk.") Minimum: Probation
Maximum: 1 1/3 to 4 years

First Degree Reckless Endangerment
(Class D Felony - No lesser included charges)
The officers showed a "depraved indifference to human life" and created a grave risk of death to Diallo and the residents of his apartment building
Minimum: Probation
Maximum: 2 1/3 to 7 years

 


 
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