Involuntary Manslaughter
California Penal Code
§192. Manslaughter is the unlawful killing of a human being without
malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed
in the driving of a vehicle.
(c) Vehicular
A theory for the reader's consideration:
An examination of §192 (b), Manslaughter - Involuntary.
As we know by now, through press reports and statements of CCPOA and/or State officials, the California Institution For Men's decision to withhold the, approximately, 600 stab-proof vests was a conscious decision and, in an attempt to expedite the distribution process, officials at the Chino Chapter of CCPOA, reportedly, had filed a grievance relevant to the vest distribution, thereby keeping the distribution of the vests within the attention of Prison Management. Prison Management was cognizant of their failure to distribute these vests.
The failure to distribute the vests, under these conditions, vests which were unquestionably possessed and controlled by the Prison Management, cannot be reasonably viewed as an oversight or omission. Therefore, reason dictates that the failure to distribute was, clearly, an act of commission.
Since there was no crime being committed in the mere failure to distribute the life-saving vests, the commission of the withholding of the vests then becomes "the commission of a lawful act".
The Bargaining Unit 6 Memorandum Of Understanding is a clear statement of both the State of California and CCPOA that Stab-Proof Vests are a critical piece of Safety Equipment. Safety equipment that needs to be issued immediately upon receipt1. The very nature of stab-proof vests is for the protection from stabbing wounds to the chest and abdominal areas of the body, wounds of the type that the Medical Examiner's report may well show, led to the death of Officer Gonzales.
Therefore, the death through the murder of an unprotected Correctional Officer would, reasonably, be a foreseeable event that, in the intentional absence of the issuance of available stab-proof vests, constitutes a lack of "due caution and circumspection" by those who failed to issue the vests - one or more administrators or managers at the California Institution For Men.
It appears to me that the elements of the crime of Involuntary Manslaughter, committed by one or more agents of the California Institution For Men, are present, and this crime should be investigated and prosecuted by a statutory authority. Since administrators hide behind each other's apron strings, a credible investigation into this crime, for the identification and prosecution of the appropriate perpetrators, is mandatory.
It has been my experience that asking the Office of the San Bernardino County District Attorney to conduct any investigation at all involving State officials is useless2.
If you agree with me, contact the Attorney General through the web link provided below:
http://www.ag.ca.gov/contact/index.htm
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1§7.05 (I) (2), BU6 MOU
2http://www.e-kard.com/ss/dacspndnc.pdf
Lorraine Bradley, Author
State Secrets, The Website.
State Secrets, The Book.
lbradley282@msn.com
http://prisoncorruption.blogspot.com
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