Here’s what criminal defense attorney James E. Silverstein told HollywoodLife.com about Bruce’s current predicament:
Bruce Jenner has put himself in a tough spot. He has admitted driving a vehicle which struck another vehicle, causing at least one death and several other serious injuries. He has apparently told the Sheriff’s Department that he was not driving under the influence and was attempting to flee paparazzi who were on his tail.
Because of the death and serious injuries, the Sheriff’s Department will investigate all angles of this tragedy. When someone kills another person while behind the wheel, they can be charged with murder or manslaughter, depending on the circumstances.
For a murder rap, the government would have to prove that Bruce acted with malice aforethought, which would be the case if, for instance, he intentionally struck another car, or was driving under the influence of alcohol or drugs at the time of the collision. Preliminarily, it appears as if Bruce was attempting to evade pursuing paparazzi when he struck another vehicle, causing a deadly chain reaction collision. Based upon this scenario, a murder rap would not seem appropriate.
However, vehicular manslaughter is a more plausible consideration and concern for Bruce. Vehicular manslaughter could be charged as either a misdemeanor or a felony. The standard is whether or not Bruce acted negligently or grossly negligent in causing the collision. If Bruce’s negligence was gross in nature, then he would be looking at a felony. A conviction for either regular or gross vehicular manslaughter would almost certainly result in a lengthy jail sentence. In the event of a gross vehicular manslaughter conviction, depending on what other charges are involved, Bruce could face up to six years or more behind bars.
Therefore, the Sheriff’s Department will need to determine whether Bruce acted negligently or grossly negligent in evading pursuing paparazzi. Eyewitness testimony will be crucial in determining the circumstances surrounding Bruce’s conduct, such as whether the paparazzi were themselves acting dangerously in their pursuit of photographing Bruce, whether a reasonable person in Bruce’s position would feel he was in danger, and whether it was reasonable and justified for Bruce to drive in the manner he drove in that situation.
After the accident, Bruce could be seen in pictures surveying the scene and trying to help. He volunteered to do a field sobriety test and go to the hospital to have his blood drawn for blood alcohol testing, according to TMZ.
Source: Hollywoodlife.com
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