TO BE CHARGED WITH FIRST DEGREE MURDER OF 13-YEAR OLD TRISTYN BAILEY

TO BE CHARGED WITH FIRST DEGREE MURDER OF 13-YEAR OLD TRISTYN BAILEY

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Aidan Brooks Merry started this petition to United States Supreme Court and

 14, was arrested on second degree murder charges in the death of 13-year-old Tristyn Bailey, whose body was found Sunday evening. He is believed to have raped, beaten, and murdered her.

2nd degree murders don't involve any planning on the part of the killer. At the moment the murder occurs, the killer definitely intends to kill the victim, but up until that moment, the killer had no plan to commit murder.

 

For example, Adam and Bill are neighbors, and lately they've been having disagreements over the fence between their properties. Adam pays Bill a visit to discuss the matter, and while there impulsively grabs a shotgun hanging above the fireplace and shoots and kills Bill.

13-year-old Tristyn Bailey, who was reported missing early Sunday morning in the Durbin Crossing area.

The suspect and the victim went to school together, but the sheriff's office would not say whether they were classmates at Patriot Oaks Academy. Hardwick said there are lots of witnesses they are interviewing, but only one suspect in custody.

The medical examiner's office is still investigating the cause of death, Hardwick said. Investigators will share that information with Tristyn's family before determining if or when to release it to the media.

“They are physically in the process – this is not an easy process for the medical examiner’s office," Hardwick said. "We’re going to let them take their time and be thorough, dot their I’s and cross their t’s. It’s important. We have a person charged with a serious crime, and we have a family that’s grieving the loss of a loved one. A child. A 13-year-old child.”

A missing child alert was issued and at dawn, sheriff’s deputies, friends, and neighbors began to search the area around the recreation center and a nearby veterans park.

According to the St. Johns County Sheriff’s Office, the discovery was made at the south end of a pond in a cul-de-sac at the end of Saddlestone Drive in Durbin Crossing.

 

That’s a little more than a quarter of a mile from home, according to his arrest report.

According to arrest report, a search of his bedroom turned up multiple “items of evidentiary value,” including pieces of clothing that gave presumptive positive tests for the presence of blood.

There is plenty of evidence that this was premeditated. The way acted after the fact was disgusting and then posting on his Snapchat story "Anyone seen Tristyn?" Was horrifying.

What constitutes to a first degree murder?

In most states, first-degree murder is defined as an unlawful killing that is both willful and premeditated, meaning that it was committed after planning or "lying in wait" for the victim. For example, Dan comes home to find his wife in bed with Victor. Three days later, Dan waits behind a tree near Victor's front door. When Victor comes out of his house, Dan shoots and kills him.

 

Most states also adhere to a legal concept known as the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies, such as:

 

Arson;

Burglary;

Kidnapping;

Rape; and

Robbery.

State laws often categorize specific types of killings as first degree. In these cases, the typical elements of specific intent to kill, deliberation and premeditation may not be required. These often include:

 

the killing of a child by use of unreasonable force;

certain killings committed in a pattern of domestic abuse;

the murder of law a law enforcement officer, and

homicides occurring in the commission of other crimes such as arson, rape, robbery or other violent crimes.

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