dave johnson
08-28-2009, 11:32 AM
A judge has refused to dismiss a murder charge against a man accused of running over a rescue worker responding to a traffic accident.
But New Castle County Judge Jerome Herlihy indicated in a ruling Thursday that prosecutors may have trouble getting the murder charge against Joseph Taye to stick.
Taye is charged with driving a car that struck and killed Michelle Smith of the Delaware City fire department in December. Under state law, a person who kills a firefighter on duty can be charged with murder.
Attorneys are arguing whether Smith, who attended fire school but never fought fires and worked as an emergency medical responder, met the definition of firefighter.
The judge said the question is one that must be answered at trial.
http://www.delawareonline.com/articl...may-not-sticka
But New Castle County Judge Jerome Herlihy indicated in a ruling Thursday that prosecutors may have trouble getting the murder charge against Joseph Taye to stick.
Taye is charged with driving a car that struck and killed Michelle Smith of the Delaware City fire department in December. Under state law, a person who kills a firefighter on duty can be charged with murder.
Attorneys are arguing whether Smith, who attended fire school but never fought fires and worked as an emergency medical responder, met the definition of firefighter.
The judge said the question is one that must be answered at trial.
http://www.delawareonline.com/articl...may-not-sticka