I don't have enough knowledge about fentanyl to know whether it would have an effect directly. That said, I don't believe it would have any effect since we would still have the "but for" aspect of the cop on his neck. Regardless of fentanyl in his system he was not going to die.
Take for instance someone operating with a single damaged lung. You place them in a position where they cannot breathe properly with the single bad lung but a healthy person would be ok. That person dies. Your culpability remains even when if a fully healthy person likely would have survived. Unless Fentanyl was already killing him, it isn't relevant in determining whether there was a murder, just made him easier to kill.
At the end of the day, he was killed and very few other things will make any difference in changing that fact. None of the other crap being said by people that got there law degree from Tucker Carlson College or Hannity University will be determinative of whether the charge will be sustainable.
Originally Posted by 1blackman1
Reasonable answer. Fentanyl also slows the heart rate and lowers blood pressure.
So, yes, he might have been dying already, combined with his heart disease and age.
Concerning the "but for" argument, but for taking fentanyl illegally and having heart disease, if he wouldn't have died "but for" those elements of the situation, it could change the charge from murder to manslaughter.
If this were Texas, a reasonable explanation is provided here:
"The Difference Between Manslaughter And Murder In Texas
When one person dies as a result of another person’s actions, that is always considered a homicide. However, there are various kinds of homicide, not all of which are illegal (i.e. self-defense), with varying degrees of repercussions.
Criminal homicide cases are divided into two different charges: murder and manslaughter.
To help you understand the difference in Texas, we’ve detailed each below:
Murder
Murder charges are further divided based on the severity and other circumstances surrounding the crime. While many states separate murder charges into first and second degree murder, Texas law makes a distinction between “capital murder” and “murder.”
In order to be charged with murder, the defendant must have knowingly and willingly caused the death of another person. The biggest distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder.
The distinction between capital murder and murder is made when the killing was committed in a way that can result in capital punishment in Texas. Some of the criteria for capital murder include killing a police officer or firefighter, having been paid to commit murder, murdering someone in prison, or killing more than one person.
With regard to capital murder, obviously, the punishment can result in the execution of the defendant. A defendant who is convicted of capital murder could also be given life in prison without the possibility of parole. A murder charge without capital implications, on the other hand, is a first-degree felony which can result in anywhere from 5 to 99 years in prison and a fine of no more than $10,000.
Several defenses, such as insanity or a crime of passion defense, can result in lesser charges or penalties in murder cases.
Manslaughter
Many states have two different forms of manslaughter: voluntary and involuntary. Texas, however, combines these two charges into one and has enhanced penalties for certain aggravating factors.
To be convicted of manslaughter, a defendant must be proven beyond reasonable doubt to have recklessly caused the death of another person. As opposed to murder, intent does not need to be proven in order to convict someone of manslaughter."
https://www.medlinfirm.com/blog/the-...rder-in-texas/
I don't know what the law is in NY but likely similar distinctions are made.
I think we can say manslaughter is a slam dunk conviction. If that's all he gets, though, I think we get more riots.