even if manslaughter, 2.5 yrs is not enough especially when it was a planned event (death was not planned). but truly a planned event like this, a death could have happened. 2.5 is definately not enough because what if it was an innocent victim? how many other staged accidents did this guy do? how big of a ring? and how will restitution will be made for taking up the courts time and highway patrol for having to clear this unnatural mess. wonder how many other insurance companies have been gigged on this?
So because the perp is already behind bars for a non-related conviction, he doesnt’t get additional jail time, PLUS he gets the relative comfort of an American jail cell plus three squares before he gets deported?
Wouldn’t it be cheaper to ship him out now, with a “Do Not Return to Sender Until 2015” stamped on his forehead? Certainly the system could pay the DomRep a fraction of the annual cost to find him suitable lodgings in their correctional facilities somewhere.
So now we’re doing premptive jail time for could have beens?
The person who died was willingly taking the risks with being a part of the accident. The 2.5 years was for manslaughter. Your statements linked together toward making the manslaughter charge longer don’t even come close to making sense.
You want the government to be able to say: “Well you could have done worse, so we’re punishing you for that?”
The woman agreed to it. She died. He was a part of it, but in my opinion that by no means makes it nearly the same as typical vehicular manslaughter. Both the killed person and the person who killed were willingly performing a dangerous action. Should we punish people for willingly attempting to climb Mount Everest and one dies? Should we punish people for letting others do dangerous professional stunts with vehicles as well? How about for letting a friend smoke who had parents that died from it? You are completely clueless. In typical vehicular manslaughter one person agrees to the risk, the other who is killed is unwillingly a part of the risk.
As a Massachusetts resident it is sad to watch this once great city become a haven for insurance and Medicare fraud. It is estimated that up to two-thirds of auto insurance claims coming out of Lawrence are bogus…most carriers don’t have the manpower to investigate all of them. Word to the wise…don’t drive through Lawrence unless you must.
but how is a staged accident considered involuntary? afterall it has to be planned… would that not be like MURDER in the 1st DEGREE vs 2nd degree?! except we did not plan on killing anyone… someone said it earlier, why pay our money to store him behind bars with a bed and meals, when he should be infact deported and save the gov’t money that does not need to be spent…
You confused wudchuck. While it is semi true that i was stating if it was intentional then the crime would be worse, I was also stating that wudchuck had no grounds to increases the sentence on who could have died involuntarily. The woman who died took a risk. It was her choice. Manslaughter shouldn’t even be the choice. She practically killed herself.
wudchuck: You might want to check the “if you’re an illegal alien you deserve worse prison sentences” attidute at the door and stick to thinking of this as “people”.
Now at any rate: Charge him for the fraud, but murder is not what this man comitted. The woman particiapted and accepted the risks by her own choice.
Inspector, I agree 100%. There has also been a huge problem with Workers Compensation fraud for many years. I can remember a case several years ago when my insured got a pre-dated lawyer letter about a Comp claim (the date he got the letter was before the date of the claim).
The “low life” of which you speak was working with the “low life” who was supposedly “murdered” and you consider a “felony murder”.
Let me ask you a question: Does a bank robber get charged with murder when a fellow bank robber gets shot by a cop? Or does he get sentenced based on the hostages he took?
In this case the hostages are the drivers on the road. The death was the bank robber, who took part knowingly in a dangerous operation. The “incidental” death of a partner as a result should not be charged as murder. That’s just idiotic, and you are way too emotional. The “murder” or “death” of which you speak was the result of her own choice, actions, and accord. This man should not be charged with that.
Charge him for fraud. Charge him for wreckless endangerment, but that woman, and that woman alone, made the choice to do what she did. She paid for it. I’m sorry but punishing him more for her idiotic actions is just not appropriate.
“The 33-year-old Gomez’s sentence will be served concurrently with a five-year drug sentence he is serving in New Jersey. Upon release, he faces deportation to the Dominican Republic”. So he gets five years and FACES deportation??? Yeah, like that’s gonna happen.
God Bless You, Aftermath.
Folks: I think the gent just hit the bullseye of our collective disgust at what happened here and what’s actually HAPPENING every day, in every state of this country: The indigenous population is being ignored into oblivion by the same crowd who brought you, “Ah did not have sex with that woman, Miss Lewinsky” and his protege, “Mr Excitement”; Barack Obama.
Yep: The Democrats with their new style of liberalism & radicalism (Jesus!) fostered by the foreign-born Commander-in-Chief himself !
(No ? Then SHOW me his birth certificate !)
The Republicans MAY be crooks & Nixon-like in what they do..Yeah, but for what the Democrats are doing & have done to America..I’ll give the Republicans a clean bill of health !!]
Mr O & his peeps WANT those votes from the illegals coming across the border,..-that’s gonna be a BIG help in getting him re-elected, and will ignore and soft-soap any proposal, like mandated jail time and deportation for criminals who pull deadly stunts like this car-fraud loser.
I just hope and pray that all of us awake in time.
You know;… when you look at the resistance, Pelosi, Reid & Obama raise to any thought of deporting illegals, it makes you realize that Al-Queada isn’t our only enemy in the United States of America.
ok, your bank robber analogy does not work the way you put it, but let’s make it look better…
first of all, the cop does not get charged for shooting and killing the bad guy! now, let’s change the story a tad, instead the one bad guy shoots his own fellow and kills him, we don’t charge that fellow for murder or manslaughter do we… but how can we do the same for this staged accident?
first of all, this guy should have never been on the road, if supposedly in prison for drugs for the 5th time and was supposed to be deported, then why has the gov’t waited so long to do so, causing harm or loss of life because the other party participated in this staged accident. she may not have been asked to participate if she never had met this fellow. we can look at this article in so many ways. we can’t recover from this particular event, but what can we learn to help prevent it?
1) deport those that need to be deported to stop any other crimes they might commit. don’t wait forever and waste our tax money by putting them into prison.
2) money lost because of the fraud, this one is going to be tough because the insurance companies lost this… we just have to keep trying to avoid these losses.
3) a staged accident, should be felony and any related charge should be such as felony manslaughter…but the sentence should be harder because if it was staged and an innocent victim was not apart of this fraud ring had died, then we to approach this as truly hard sentencing.
so, this fellow got of easy and after 7 yrs, will get deported back to dominican republic after using our prison system for a home and 3 square meals@day…
Just throwing this out there but what if the “murderer” made up the story of insurance fraud to make some money to the “murdered” but really had the intention of murder in the first place. I guess we will really never know as the deceased will not be around to talk about it. We would not be so quick to “let him off the hook” in this case would we??
This guy should have been here legally anyway….I have no remorse at all for illegal aliens!! Get legal or get out!!
Wow, Stoic way to vent out in a ridiculous non-sensical way. Geez, where to start…
1. Both Republicans and Democrats are guilty of not solving our immigration issues. Both sides have interest in not resolving them, and you see this in that repubs had complete control for 6 years and did nothing, and democrats had complete control for 2 years and also did nothing.
2. I love how you think illegal immigrants are voting. They are not voting for either party. As an illegal, you may or may not be a Democrat (please look at the Cuban votes in FL), however there has never been proof of any sort of illegal immigrant voting fraud. I live in AZ, and the last thing immigrants want to do is be on the radar.
3. To say that Obama is not a citizen of the country is just ludicrous. The research has been done by both sides. It is a silly, tired argument that not even the most conservative supreme court in 100 years would even look at.
4. Finally, I also love your argument about “indigenous” people. What exactly makes you indigenous? How many generations do you need to live here to be indigenous? Thank God during the early years of this country, through the construction of our infrastructure to the German scientists of the 2nd WW, we didn’t put out so much vile and hatred to those “non-indigenous” people. At least the native Amercians get casions…right?
Wrong again. If a bank robber shot his fellow bank robber it would be a bullet flying intentionally into that mans head to kill him. You are clearly incapable of thinking allow me to point out why it isn’t comparable:
You shoot a bank robber in the head. Is it your intention to kill him? YES.
You crash a vehicle in a staged incident, both expecting to live and collect. Do either of you INTEND on killing the other? NO. It’s an incidental death. Considering you are in insurance you should know better.
If you can’t understand why this incident is not at all like shooting a gun robber you are a fool. My comparison was perfect. Incidental death as a result of risky behavior. Again: This should not be murder. If it were one conspirator it would simply be an accidental death. She acted her role of the part. She died. She’s responsible for her death. Wreckless endangerment, as well as fraud, and an illegal alien. That’s all this should be. By the way: The fact that the person is an illegal alien does not make a reason to make a harsher sentence. Deport him seperately, charge his crimes for their NORMAL weight. Last time I checked a human was a human. You want harsher sentences on all crimes if you’re illegal…Why?
your analogy of hostages would work but not the copy shooting the bad guy! so don’t think i’m not thinking this through. even those holding hostages, they do get charged with that crime. if they shoot the hostages, they get charged with MURDER not manslaughter!
My arguement is structured, and put perfectly as a matter of certain structured rules. I know you aren’t thinking it through if you made a comment about the hostages. That was just dumb.
The matter is intent. Of course shooting a hostage wouldn’t be manslaughter. The person intended to kill a hostage as a part of the crime. It’s not incidental.
Now from there the question is, did the other person willingly expose themself to a dangerous situation and accept the risks? Yes.
So this woman willingly acted her role in a dangerous operation, and incidentally died. The bank robber analogy works perfectly. The two bank robbers intend on robbing, intend on taking and or shooting hostages. When a cop shoots the fellow bank robber, it is an incidental death. They intended on everything but another being killed as a part of the crime. Get it now?
These two intended to stage a crash, it’s risky but they did not intend to kill one another. They intended to take risk, they intended to commit fraud, and then they both take responsibility for their own potential incidental death.
now, your analogy would work if the cop was there with his car and pushed the vehicles to the side of the road to stop them from crashing, but then the accomplice would not be charged with manslaughter… but since the cop was not there, nor in your analogy, no cop shot anyone… this is why it’s more dangerous… now, if the robber killed one of his own, he would been charged with murder…. but this guy should have never made it to the road, he should have been deported and the old lady would have never gotten into the scheme and then died!
The cop being there has nothing to do with preventing the crime. Could have, would have, should have. That’s not how we run justice. Remember my statement about could have beens? You made your point early on. I knew that you were emotional.
All you need to know is that they intended to commit fraud in a risky way. What if the girl turned left, and he had told her to turn right? Then she crashed and died. Did he tell her to get crunched between two cars? She made the choices she did. End of story.
This was an incidental death as a result of the choice to commit a risky crime. As another example: Let us say that a robber breaks through a roof. They fall on a knife in the kitchen while the other robber simply breaks their leg. It was a risky drop from the ceiling operation. Now then, should the robber who lived be charged with the idiotic death of their partner who fell on the knife?
You are just so ridiculously emotional and illogical it’s insane.
If you argue the above comparison is incorrect then you are a fool. It’s exactly the same. They intended to steal. They intended to leave. Something went wrong. One died. Bank robber: They intended to murder a hostage, they intended to steal, one of them died in the escape. Do you get the pattern yet? How many times do I have to spell it out?
that makes more sense and i agree… then he should not have been charged for the manslaughter charge… but when we stop to think about it, could not the family now sue the feds for not having got this man off the streets and deported because he set the stage for the accident to begin with? it’s a thought with the way the society is now days for suing to blame someone with big pockets….
The rule of felony murder broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder. Second, it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony.
That’s great and all except for the fact that you’re talking about felony manslaughter as it applies to incidental deaths for people not involved in the crime.
As an example: A DUI driver can commit vehicular homicide, by killing someone as a result of risky behavior. That is vehicluar manslaughter despite intent. Killing someone by accident or as a result of a crime is of course manslaughter. We’re talking about a co-conspirator of a crime, being killed in the act of the crime itself. That clause does not apply in those circumstances. This would be a lot more like two thieves falling from a ceiling, one dying as a result and the other getting manslaughter for having allowed the other thief to be an idiot in their plan. In most cases of manslaughter the person who was killed was not a part of the decision which ended up getting themself killed. I’m sorry but no. This was not manslaughter on the part of the other conspirator. They conspired. The plan went wrong. Someone died. Let’s say I conspired with another person to jump across a building after robbing a bank. Let’s say they fell off the building and got hit by a car. Would I be charged with manslaughter? No. Absolutely not, and that is the exact equivalent. It was incidental death as a part of the crime that went wrong.
even if manslaughter, 2.5 yrs is not enough especially when it was a planned event (death was not planned). but truly a planned event like this, a death could have happened. 2.5 is definately not enough because what if it was an innocent victim? how many other staged accidents did this guy do? how big of a ring? and how will restitution will be made for taking up the courts time and highway patrol for having to clear this unnatural mess. wonder how many other insurance companies have been gigged on this?
So because the perp is already behind bars for a non-related conviction, he doesnt’t get additional jail time, PLUS he gets the relative comfort of an American jail cell plus three squares before he gets deported?
Wouldn’t it be cheaper to ship him out now, with a “Do Not Return to Sender Until 2015” stamped on his forehead? Certainly the system could pay the DomRep a fraction of the annual cost to find him suitable lodgings in their correctional facilities somewhere.
So now we’re doing premptive jail time for could have beens?
The person who died was willingly taking the risks with being a part of the accident. The 2.5 years was for manslaughter. Your statements linked together toward making the manslaughter charge longer don’t even come close to making sense.
You want the government to be able to say: “Well you could have done worse, so we’re punishing you for that?”
The woman agreed to it. She died. He was a part of it, but in my opinion that by no means makes it nearly the same as typical vehicular manslaughter. Both the killed person and the person who killed were willingly performing a dangerous action. Should we punish people for willingly attempting to climb Mount Everest and one dies? Should we punish people for letting others do dangerous professional stunts with vehicles as well? How about for letting a friend smoke who had parents that died from it? You are completely clueless. In typical vehicular manslaughter one person agrees to the risk, the other who is killed is unwillingly a part of the risk.
As a Massachusetts resident it is sad to watch this once great city become a haven for insurance and Medicare fraud. It is estimated that up to two-thirds of auto insurance claims coming out of Lawrence are bogus…most carriers don’t have the manpower to investigate all of them. Word to the wise…don’t drive through Lawrence unless you must.
If Bob is trying to say that if the deceased had been a totally innocent victim bthen the sentence was far too lenient, I agree.
but how is a staged accident considered involuntary? afterall it has to be planned… would that not be like MURDER in the 1st DEGREE vs 2nd degree?! except we did not plan on killing anyone… someone said it earlier, why pay our money to store him behind bars with a bed and meals, when he should be infact deported and save the gov’t money that does not need to be spent…
Amos:
You confused wudchuck. While it is semi true that i was stating if it was intentional then the crime would be worse, I was also stating that wudchuck had no grounds to increases the sentence on who could have died involuntarily. The woman who died took a risk. It was her choice. Manslaughter shouldn’t even be the choice. She practically killed herself.
wudchuck: You might want to check the “if you’re an illegal alien you deserve worse prison sentences” attidute at the door and stick to thinking of this as “people”.
Now at any rate: Charge him for the fraud, but murder is not what this man comitted. The woman particiapted and accepted the risks by her own choice.
Inspector, I agree 100%. There has also been a huge problem with Workers Compensation fraud for many years. I can remember a case several years ago when my insured got a pre-dated lawyer letter about a Comp claim (the date he got the letter was before the date of the claim).
The death occurred during the commission of a felony. The low life should have been charged with felony murder.
Mary:
The “low life” of which you speak was working with the “low life” who was supposedly “murdered” and you consider a “felony murder”.
Let me ask you a question: Does a bank robber get charged with murder when a fellow bank robber gets shot by a cop? Or does he get sentenced based on the hostages he took?
In this case the hostages are the drivers on the road. The death was the bank robber, who took part knowingly in a dangerous operation. The “incidental” death of a partner as a result should not be charged as murder. That’s just idiotic, and you are way too emotional. The “murder” or “death” of which you speak was the result of her own choice, actions, and accord. This man should not be charged with that.
Charge him for fraud. Charge him for wreckless endangerment, but that woman, and that woman alone, made the choice to do what she did. She paid for it. I’m sorry but punishing him more for her idiotic actions is just not appropriate.
“The 33-year-old Gomez’s sentence will be served concurrently with a five-year drug sentence he is serving in New Jersey. Upon release, he faces deportation to the Dominican Republic”. So he gets five years and FACES deportation??? Yeah, like that’s gonna happen.
God Bless You, Aftermath.
Folks: I think the gent just hit the bullseye of our collective disgust at what happened here and what’s actually HAPPENING every day, in every state of this country: The indigenous population is being ignored into oblivion by the same crowd who brought you, “Ah did not have sex with that woman, Miss Lewinsky” and his protege, “Mr Excitement”; Barack Obama.
Yep: The Democrats with their new style of liberalism & radicalism (Jesus!) fostered by the foreign-born Commander-in-Chief himself !
(No ? Then SHOW me his birth certificate !)
The Republicans MAY be crooks & Nixon-like in what they do..Yeah, but for what the Democrats are doing & have done to America..I’ll give the Republicans a clean bill of health !!]
Mr O & his peeps WANT those votes from the illegals coming across the border,..-that’s gonna be a BIG help in getting him re-elected, and will ignore and soft-soap any proposal, like mandated jail time and deportation for criminals who pull deadly stunts like this car-fraud loser.
I just hope and pray that all of us awake in time.
You know;… when you look at the resistance, Pelosi, Reid & Obama raise to any thought of deporting illegals, it makes you realize that Al-Queada isn’t our only enemy in the United States of America.
ok, your bank robber analogy does not work the way you put it, but let’s make it look better…
first of all, the cop does not get charged for shooting and killing the bad guy! now, let’s change the story a tad, instead the one bad guy shoots his own fellow and kills him, we don’t charge that fellow for murder or manslaughter do we… but how can we do the same for this staged accident?
first of all, this guy should have never been on the road, if supposedly in prison for drugs for the 5th time and was supposed to be deported, then why has the gov’t waited so long to do so, causing harm or loss of life because the other party participated in this staged accident. she may not have been asked to participate if she never had met this fellow. we can look at this article in so many ways. we can’t recover from this particular event, but what can we learn to help prevent it?
1) deport those that need to be deported to stop any other crimes they might commit. don’t wait forever and waste our tax money by putting them into prison.
2) money lost because of the fraud, this one is going to be tough because the insurance companies lost this… we just have to keep trying to avoid these losses.
3) a staged accident, should be felony and any related charge should be such as felony manslaughter…but the sentence should be harder because if it was staged and an innocent victim was not apart of this fraud ring had died, then we to approach this as truly hard sentencing.
so, this fellow got of easy and after 7 yrs, will get deported back to dominican republic after using our prison system for a home and 3 square meals@day…
Just throwing this out there but what if the “murderer” made up the story of insurance fraud to make some money to the “murdered” but really had the intention of murder in the first place. I guess we will really never know as the deceased will not be around to talk about it. We would not be so quick to “let him off the hook” in this case would we??
This guy should have been here legally anyway….I have no remorse at all for illegal aliens!! Get legal or get out!!
Wow, Stoic way to vent out in a ridiculous non-sensical way. Geez, where to start…
1. Both Republicans and Democrats are guilty of not solving our immigration issues. Both sides have interest in not resolving them, and you see this in that repubs had complete control for 6 years and did nothing, and democrats had complete control for 2 years and also did nothing.
2. I love how you think illegal immigrants are voting. They are not voting for either party. As an illegal, you may or may not be a Democrat (please look at the Cuban votes in FL), however there has never been proof of any sort of illegal immigrant voting fraud. I live in AZ, and the last thing immigrants want to do is be on the radar.
3. To say that Obama is not a citizen of the country is just ludicrous. The research has been done by both sides. It is a silly, tired argument that not even the most conservative supreme court in 100 years would even look at.
4. Finally, I also love your argument about “indigenous” people. What exactly makes you indigenous? How many generations do you need to live here to be indigenous? Thank God during the early years of this country, through the construction of our infrastructure to the German scientists of the 2nd WW, we didn’t put out so much vile and hatred to those “non-indigenous” people. At least the native Amercians get casions…right?
Wudchuck:
Wrong again. If a bank robber shot his fellow bank robber it would be a bullet flying intentionally into that mans head to kill him. You are clearly incapable of thinking allow me to point out why it isn’t comparable:
You shoot a bank robber in the head. Is it your intention to kill him? YES.
You crash a vehicle in a staged incident, both expecting to live and collect. Do either of you INTEND on killing the other? NO. It’s an incidental death. Considering you are in insurance you should know better.
If you can’t understand why this incident is not at all like shooting a gun robber you are a fool. My comparison was perfect. Incidental death as a result of risky behavior. Again: This should not be murder. If it were one conspirator it would simply be an accidental death. She acted her role of the part. She died. She’s responsible for her death. Wreckless endangerment, as well as fraud, and an illegal alien. That’s all this should be. By the way: The fact that the person is an illegal alien does not make a reason to make a harsher sentence. Deport him seperately, charge his crimes for their NORMAL weight. Last time I checked a human was a human. You want harsher sentences on all crimes if you’re illegal…Why?
your analogy of hostages would work but not the copy shooting the bad guy! so don’t think i’m not thinking this through. even those holding hostages, they do get charged with that crime. if they shoot the hostages, they get charged with MURDER not manslaughter!
My arguement is structured, and put perfectly as a matter of certain structured rules. I know you aren’t thinking it through if you made a comment about the hostages. That was just dumb.
The matter is intent. Of course shooting a hostage wouldn’t be manslaughter. The person intended to kill a hostage as a part of the crime. It’s not incidental.
Now from there the question is, did the other person willingly expose themself to a dangerous situation and accept the risks? Yes.
So this woman willingly acted her role in a dangerous operation, and incidentally died. The bank robber analogy works perfectly. The two bank robbers intend on robbing, intend on taking and or shooting hostages. When a cop shoots the fellow bank robber, it is an incidental death. They intended on everything but another being killed as a part of the crime. Get it now?
These two intended to stage a crash, it’s risky but they did not intend to kill one another. They intended to take risk, they intended to commit fraud, and then they both take responsibility for their own potential incidental death.
now, your analogy would work if the cop was there with his car and pushed the vehicles to the side of the road to stop them from crashing, but then the accomplice would not be charged with manslaughter… but since the cop was not there, nor in your analogy, no cop shot anyone… this is why it’s more dangerous… now, if the robber killed one of his own, he would been charged with murder…. but this guy should have never made it to the road, he should have been deported and the old lady would have never gotten into the scheme and then died!
You are seriously ignorant.
The cop being there has nothing to do with preventing the crime. Could have, would have, should have. That’s not how we run justice. Remember my statement about could have beens? You made your point early on. I knew that you were emotional.
All you need to know is that they intended to commit fraud in a risky way. What if the girl turned left, and he had told her to turn right? Then she crashed and died. Did he tell her to get crunched between two cars? She made the choices she did. End of story.
This was an incidental death as a result of the choice to commit a risky crime. As another example: Let us say that a robber breaks through a roof. They fall on a knife in the kitchen while the other robber simply breaks their leg. It was a risky drop from the ceiling operation. Now then, should the robber who lived be charged with the idiotic death of their partner who fell on the knife?
You are just so ridiculously emotional and illogical it’s insane.
If you argue the above comparison is incorrect then you are a fool. It’s exactly the same. They intended to steal. They intended to leave. Something went wrong. One died. Bank robber: They intended to murder a hostage, they intended to steal, one of them died in the escape. Do you get the pattern yet? How many times do I have to spell it out?
that makes more sense and i agree… then he should not have been charged for the manslaughter charge… but when we stop to think about it, could not the family now sue the feds for not having got this man off the streets and deported because he set the stage for the accident to begin with? it’s a thought with the way the society is now days for suing to blame someone with big pockets….
The rule of felony murder broadens the crime of murder in two ways. First, when an offender kills accidentally or without specific intent to kill in the course of an applicable felony, what might have been manslaughter is escalated to murder. Second, it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony.
Wudchuck:
Now there’s something I agree with as being a very real possibility.
Mary,
That’s great and all except for the fact that you’re talking about felony manslaughter as it applies to incidental deaths for people not involved in the crime.
As an example: A DUI driver can commit vehicular homicide, by killing someone as a result of risky behavior. That is vehicluar manslaughter despite intent. Killing someone by accident or as a result of a crime is of course manslaughter. We’re talking about a co-conspirator of a crime, being killed in the act of the crime itself. That clause does not apply in those circumstances. This would be a lot more like two thieves falling from a ceiling, one dying as a result and the other getting manslaughter for having allowed the other thief to be an idiot in their plan. In most cases of manslaughter the person who was killed was not a part of the decision which ended up getting themself killed. I’m sorry but no. This was not manslaughter on the part of the other conspirator. They conspired. The plan went wrong. Someone died. Let’s say I conspired with another person to jump across a building after robbing a bank. Let’s say they fell off the building and got hit by a car. Would I be charged with manslaughter? No. Absolutely not, and that is the exact equivalent. It was incidental death as a part of the crime that went wrong.