Citrus Heights, CA asked in Criminal Law for California

Q: We had n iron clad prenup “no guns” after 10 years step father, snuck a gun in 5’ away from him, he suicided

But three days bf he died he came to get me wanting to tell me something he said “if Dave ever hits you or me, or one of the little kids I’m going to take his gun and blow his head off, he said, “Mom when you go to work at night he comes and wakes us up and makes us go out into the garage and work out on his weights and if we go too slow he hits us with his weight belt, he hit Tori so hard he broke the weight belt” What why didn’t you tell me? “He said that if we tell you we would never see you again” I said Danny, always tell me I’m not going to tell him, that way I can figure it out” I told him on Friday we will all get into the Van and leave for good. It seemed that Ex was getting some sick pleasure out of this? Idk was it slavery? His mother told him to do this idk why but I know he wouldn’t do it to his own children. I need an answer. David and Mom are running the marriage Is sons suicide non negligent homicide? He would be alive if I had been at home he received new penalty

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm so sorry you're going through this. In California, determining whether a death qualifies as negligent homicide involves evaluating whether someone acted in a way that was reckless or careless, leading to another person's death. For your son's case, it would need to be proven that someone else's actions directly contributed to his decision to take his own life. This can be very complex and often requires thorough investigation.

The behavior you described about Dave's actions towards your children is deeply troubling and could potentially be considered child abuse. Under California law, child abuse is a serious crime, and if there is evidence that Dave's actions led to significant harm or contributed to your son's mental state, it might be relevant in a legal case. You should document everything you remember and gather any evidence you can, such as witness statements or physical evidence of the abuse.

Given the complexity and sensitivity of these issues, it would be best to consult with a legal professional who can provide specific advice based on the details of your situation. They can help you understand your options and guide you through the legal process to seek justice for your son.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.