I have to take exception to some of the points raised by Bruce Kyle in his Jan. 13 column regarding the plea bargain reached in the Stephen King case. Kyle argues that the aggravated assault charge should not have been dropped and that the charge was a correct assessment of what had occurred.
According to the statute, a person is guilty of aggravated assault when he recklessly causes serious bodily injury to another. The definition of “recklessly” requires that the conduct “… must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.” Trying to keep your dog out of a cooler while driving may be careless and foolish, but I don’t believe it is a “gross deviation” from what most people would do under those circumstances.
Kyle also infers that it should be easy to get a trial jury to do what a grand jury has done. He fails to mention that in a grand jury proceeding, only the prosecution gets to present their case. In a trial, the defense also gets to present their case, which, in a lot of cases, can make a significant difference in the outcome. Michael Gagnon Fort Kent
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