April 6, 2012
Posted: 12:27 PM ET
The defense in the Wisniewski trial readily agrees that Ashlee Swazey’s death is a tragedy. But defense attorney Maria Pace insists that Swazey died as a result of a tragic accident – not because of any intent or negligence on the part of Dylan Wisniewski.
There’s obviously no dispute that the defendant’s .22 rifle contained a single round on the day that Swazey was shot. The prosecution argues that Wisniewski was negligent in not checking the weapon to make sure it wasn’t loaded. But while the defense concedes that this might have been an act of negligence, it wasn’t gross negligence – in other words, it doesn’t rise to the level of culpability necessary underFlorida law to sustain a conviction of Manslaughter. There was absolutely no reason for the defendant to suspect on Sept. 3, 2010 that his rifle contained a bullet. And there’s also no possible way, the defense argues, that one could believe that Dylan’s actions on the day in question were done with a conscious intent to harm his longtime girlfriend.
April 4, 2012
Posted: 02:10 PM ET
Prosecutors in the Wisniewski case do not contend that Dylan Wisniewski purposely intended to shoot Ashlee Swazey on September 3, 2010. But they insist that Swazey’s death was a direct and foreseeable result of the defendant’s actions – a reckless disregard for human life – and, as such, Wisniewski is guilty of Manslaughter.
According toFloridalaw, there are two ways to prove Manslaughter. In the first, the State must show that the defendant intentionally committed an act that caused the death of Ashlee Swazey. The defendant’s intentional act, according to prosecutors, was his removal of the rifle from its gun rack, deliberating aiming it at the victim, and pulling the trigger.
April 3, 2012
Posted: 04:25 PM ET
A 15-year-old Florida girl is killed instantly by a single bullet that entered her mouth, passed through her tongue, and lodged in her spinal column – a bullet fired by a .22 caliber rifle in the hands of her 18-year-old boyfriend. There’s no doubt that defendant Dylan Wisniewski is the person who shot Ashlee Swazey – but was the shooting simply a tragic accident? Or is Wisniewski criminally liable for Swazey’s death, due to his irresponsible handling of what was, after all, a deadly weapon? That is the story at the heart of the Wisniewski trial, which takes place in Fort Myers, part of what West Florida locals like to refer to as “the Treasure Coast.”
April 2, 2012
Posted: 03:00 PM ET
Watch the video to get caught up on In Session's next trial in three minutes. Dylan Wisniewski is on trial for shooting his girlfriend in the mouth and killing her. Wisniewski claims it was an accident.
March 29, 2012
Posted: 11:49 AM ET
Watch the video to learn about In Session's next trial. Coverage of Fl v. Wisniewski starts next week.
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