June 2, 2010
-{9:05 pm}-
Filed by trumwill from Elsewhere

Avenging Henry

Upon finding out about Henry Granju’s death, one of the thoughts that crossed my mind was that this was potentially very bad news for the guys that beat him up to begin with. Not just because the crime became more serious, but also because Mamapundit’s (and her family’s) attention was previously divided between caring for Henry and trying to light a fire under the Knox County Sheriff’s Office’s posterior and soon it will not be as divided. Now there’s nothing left but mourning and justice.

Sure enough.

Ms. Granju had complained before about getting the runaround from the investigators because without any statement from the victim there is no victim. After she explained that the victim in this case was incapable of speaking, they basically intimated that there likely would not be an investigation. My initial thought was that crimes like this are probably hard to investigate, but Granju provided names of witnesses and other people to talk to.

There are between 400 and 600 assaults in Knoxville every year and another 400 in Knox County. There are, however, less than thirty murders in the city or the county. It’s maddening that it takes a death to get their attention, but apparently it does. The fact that the deceased was an addict who was in a place he should not have been probably plays a role in their seeming indifference. But one thing we have to keep in mind is that whatever Henry’s mistakes, he paid for them. Those that beat the tar out of him have not.

I’d still imagine that a crime like this is going to be difficult to pinpoint and prove (depending on what exactly Granju was able to give them), but even prior to it being a murder irreparable damage was done. A kid shouldn’t have to actually die or have a blogger for a mother for the police to consider it serious enough to investigate.

5 Comments

  1. The question is whether the attackers could be convicted of murder, even if they get caught. It might depend on whether the main cause of death was the assault or the subsequent methadone overdose.

    Comment by Peter — June 2, 2010 @ 9:52 pm

  2. I would imagine that, if apprehended and unable to plead innocence that they will make just that argument.

    Maybe the lawyers can chime in here. I am under the impression that the prosecutors have leeway here if they can demonstrate that the death would not have occurred but for the assault and that death was forseeable from the assault. Sorta like if someone has a heart attack during a stick-up.

    Comment by trumwill — June 2, 2010 @ 11:53 pm

  3. Doesn’t matter. The thugs can still be charged with murder: the beating is a “proximate cause”, and the methadone OD (an “intervening cause”) still does not remove them from liability.

    Only if there were a “superseding cause” would they be able to absolve any portion of liability.

    Reference: http://law.jrank.org/pages/8784/Negligence-Intervening-Cause.html

    Comment by web — June 3, 2010 @ 8:12 am

  4. Situations like this make me wonder: what would criminals do with their time if drugs were legal?

    Comment by Kirk — June 3, 2010 @ 9:46 pm

  5. Thing is that the “witnesses”, the potential perpetrators etc. all know each other (probably…) so I don’t see the problem in the investigation. Lack of funds? give me a break. It s a life we are talking about….

    Comment by anonymous — June 4, 2010 @ 2:45 pm

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