Police says not enough evidence to support premeditated murder charges against youths

[Briggsy]

Shouldn't that be up to the Attorney General office to decide and not the police.

I believe in Thailand charges are decided upon and laid by the police.

Are you from America? It is probably different there.

[cpofc]

Why I am not in the least surprised. Plea Bargaining. Certainly not uncommon. Wasn't it our American cousins who turned this practice into an art form?

An Australian Perspective on the subject.

http://theconversation.com/plea-bargains-and-the-efficiencies-of-justice-8440

[Sydebolle]

Maybe a premeditated complete clean-out of the RTP would be in order anytime soon? Maybe PM Prayut could look into this after having cleaned up Phuket and (next month) Pattaya - please?

[Dogmatix]

"They were simply responding to a friend's call for help."

So, this is the best they can do after a senior cop got involved to ensure transparency?

The CDC might just as well have added a clause in the draft constitution to say that sons of police, politicians and the wealthy are not bound by the laws of the Kingdom and are free to rape, murder and pillage to their hearts content. Then the majority of the Thai people would understand their own rights better.

Edited May 17, 2016 by Dogmatix

[Dagnabbit]

I can understand the ' not premeditated ' aspect since it seems it wasn't planned but rather a violent over-reaction to the deceased shouting at them.

The concern should be that the murder charges laid actually stick and that the ducking and weaving isn't in train already.

I tend to agree. I doubt they went out that evening with the intent of murdering someone. More likely a combination of drugs, drink and pack mentality led to this tragic occurence.

I would be pleased to see them jailed for an extended length of time, regardless if they can prove or not that it was pre-meditated. It was murder and in my opinion whether it was pre-meditated or not is by the by. They probably like the outcry about pre-meditated or not as it gives them something to huff, fluff, umm and ahh about as they are busy playing legal gymnastics behind the scenes.

Pre-meditation does not require intent from the time you go from indoors to outdoors.

It can commence any time.

But they did leave the house armed. They did retrieve the weapons to attack the guy (they were not riding their bikes with swords in their hands) and they did have time to consider the consequences of their actions.

That is premeditation.

[MikeTexas]

As soon as I saw there were cops kids involved I knew nothing would ever happen.(At most a slap on the wrist) Now it looks like the police are proving me right.

[darhut]

If you leave the scene of an altercation and return with a weapon or weapons, could that be construed as premeditated or would that simply be self defence? Not forgetting the victim was not very mobile to flee or chase.

[jesimps]

I can understand the ' not premeditated ' aspect since it seems it wasn't planned but rather a violent over-reaction to the deceased shouting at them.

The concern should be that the murder charges laid actually stick and that the ducking and weaving isn't in train already.

If they were carrying swords then I would say that they had set off with the premeditated intention of causing serious damage to someone.

[Emster23]

"Some of the suspects told the police that they merely responded to a friend’s call for help and not call to kill the disabled man, he said." Police asked victim if he disagreed with that statement. As victim didn't reply they determined victim agreed.

BTW, how is this different from Koh Tao murders (other than cops sons involved)? I assume those weren't premeditated, and Thai "justice" didn't have any qualms about death penalty there, despite lack of credible evidence. Here we have video for Christ's sake!

[mikiea]

"He explained that police could not overcharge the suspects otherwise they would be accused by the public of being biased or unprofessional."

I doubt that very much.

Well no more than usual anyway.

it is apparent he police know that the average Thai cannot follow two trains of thought at the same time (the news ) , multi-taskers they are not . the police have nothing to do with the charges levied . so i wonder why it was even brought up ? the punishment is the same . a curious odd thing to do . maybe a past history of premeditated crime by one of the yuts ?

[mesterm]

Sickening. The murder. And now the excuses.

A lot of things here have disappointed me over the years, but this had got to the worst. Or maybe it's the accumulation of everything I've felt so far.

If these boys don't go to jail I swear I'm going to consider leaving for good. Or maybe I'll cop out and drown my sorrows in 10 bottles of Chang...

Either way, this is really really depressing.

[steveyinasia]

"they would be accused by the public of being biased or unprofessional"......there is no accusation as such, people already know RTP are biased and unprofessional

[arrowsdawdle]

Didn't the original report say the youths had swords and clubs?

If that is true...and if a rookie lawyer couldn't get a premeditated verdict with those facts....said lawyer should do like Barack and Michelle and relinquish his license to practice law.

[Brer Fox]

No matter how nauseating, shocking, despicable these guys are, justice demands that people be charged with whatever they did. It's pretty obvious in this case that there was no premeditation, so, like it or not, the police officer is right. That the family of the murdered guy should ask for maximum charges is also understandable, I can only imagine how enraged they must be right now, they can't be thinking straight, so they probably want revenge as opposed to justice.

What everyone in this country wants to see now, is to see justice served, and these guys punished according to what they did, no matter who their fathers are.

By the way, last time I heard, it was not two of them who had fathers in the police force, but four. So ... which number is correct ? Just wondering.

Whatever the number I suspect that those sons would have gone on to a career in the police force themselves had this not happened. I am still not prepared to discount totally that they will not go on to enjoy the rewards of working in the force.

[SOTIRIOS]

...how do you 'overcharge' murderers that preyed upon and ganged up on a handicapped individual ....???

Edited May 17, 2016 by SOTIRIOS

[Monkeyrobot]

From my understanding when the police arrived they had to fire there gun in the air to stop the attack, they did not even care of the police presents. if it was not premeditated at the start it certainly was at the end of this disabled mans life.

[IamNoone88]

If stopping, deliberate and unabated abuse of an handicapped person and then proactively pursuing them with deadly weapons, which they carried and beating him to death is not pre-medicated, then I don't know what is. They stopped, caused trouble and had intention and were obviously well prepared to kill. Anyway, if the murder charges do not stick, we will know the full story.

[silent]

With little knowledge of law, I think what the Thai man is being translated as having said is that if they charge with premeditated murder (not mediated), it could be difficult to prove the premeditation, and it really doesn't make any difference if your basic murder also carries the death penalty.

Although it might be different here and there is the ability to put someone to death a second time for their next life too and forget about double jeopardy laws.

[razer]

The RTP is getting into a whole new era of accountability and I think they don't know how to deal with it. They have to wait for someone to tell them what to do.

[LannaGuy]

they brought weapons to protect themselves against the disabled man who was being attacked by many friends

'Thainess' at it's worse it's like saying you went to the brothel with a condom because someone might try and force you to have sex

[Patje55]

Amazing Thailand: it starts with the people???

[dotpoom]

They are being charged with murder anyway, which carries the death penalty if found guilty (same as premeditated murder) so I don't see what all the fuss is about.

Back home murder automatically means it was premeditated, instances such as this one (not premeditated) would be a charge of manslaughter.

[IMA_FARANG]

it is not premeditated murder unless there is clear evidence that the killing was planned before it was done and the victim was previously known to the killers.

That does not mean the crime was not murder... but if there is no evidence it was planned ahead of the deed it is not a premeditated murder

[luckyman]

"Pol Lt-Gen Sanit asserted that the case could not be distorted in favour of the suspects simply because two of them were children of policemen in Chokechai and Bang Chan police stations."

Lot in translation again or just a stupid comment by another retarded police officer ?

Of course this case can and will be distorted in favour of the suspects, simply because their father are policemen, period.

Next !

[Strangebrew]

After viewing video several times an unlike a majority of Thai's doesn't lie It clearly shows the victim trying to get away from his attackers Yet the attackers keep on going after him not to help but to kill him Planned or not clear intent is displayed by there actions.

[cardinalblue]

One's legal or court system decides what charges to bring not the police; police's role is to enforce the laws and apprehend...

The police here has way too much of a role in this society but understandable due to a weak law and order structure....

[Roomuck]

I will be abused by some for posting this.

But

Everyone on this forum, but not on Thai forums, is ignoring the fact that the disabled bloke did arm himself with a knife before he was attacked (it is on cc tv video) and he did stab one of his attackers.

I don't know who was stabbed first, but I assume it was one of the youths. I assume this simply because IMO it would be very difficult for a disabled man who had just been stabbed to attack back against six. I may be wrong. It would also explain the youths reaction ( but not justify it).

But he certainly armed himself BEFORE he was stabbed/killed. This story has been dressed up by the English media to sound like these kids were out hunting disabled people to kill for something to do.

It isn't that simple.

The same media that claimed that Thais were out hunting farangs to bash in hua hin at songkran. It was claimed that it was racially motivated and the Owens were completely innocent victims who had done nothing to start the brawl. The video of that incident clearing showed that was not the case. But their slap, punch and push was edited out and the racial motivation line was lapped up by many and printed as some sort of fact to the English media.

Please view the video of the bloke arming himself BEFORE commenting about my comment here.

I am not defending these youths, but I am defending the truth.

Edited May 17, 2016 by Roomuck

[Norvid]

Kids of police officers and this might explain the outcome in the works.

[DM07]

Surprise!

Anybody want a balloon with a clown- face?

[asean]

Why couldn't they charge each individual accordingly? The one who initiated the actions leading up to that man's death and going to get weapons to inflict damage is the one who premeditated this so he should be the one charged with it. The others should be charged with the murder of course. Or accomplices to it.

Thai law says accomplices face exact same charges