Columbian Soccer Player Shot for Scoring Own Goal – California Penal Code Section 192
On July 2, 1994 Humberto Castro Muñoz shot Columbian soccer star, Andres Escobar, with a 38 caliber gun six times in a parking lot of a bar in Medellín, Columbia. In the bar, Escobar had been faced by group of people that constantly insulted him and reminded him of his mistake. Escobar had scored a goal on his own team during the 1994 World Cup. The discussion escalated until Muñoz used his weapon fatally, allegedly shouting “Goal” for each shot fired. Muñoz was found guilty of Escobar’s murder in June 1995 and sentenced to 43 years in prison. The sentence was later reduced to 26 years due to his submitting to the ruling Columbian penal code in 2001. Muñoz was released on good behavior due to further reductions from prison work and study in 2005 after serving approximately 11 years.
Under the California Penal Code, Section 192, murder can be reduced to voluntary manslaughter in cases where the killing, though intentional, resulted from a sudden quarrel or in the heat of passion. Manslaughter is killing without the requisite malice for murder. One classic example would be a husband happening upon his wife during the commission of an affair and killing one of them in a sudden burst of passion.
Voluntary manslaughter is punishable by imprisonment in the state prison for three, six, or eleven years. To prove voluntary manslaughter three criteria must be shown. First, the defendant must have been provoked. Secondly, as a result of that provocation, the defendant acted rashly and under the influence of intense emotion that obscured his reasoning or judgment. Thirdly, it must be shown that the provocation under the particular circumstances of the act would have caused an average, reasonable person to act in a similar manner; both rashly and without deliberation.
Voluntary Manslaughter is a serious offense. If you or a loved one has been charged with murder or manslaughter, it is vital that you retain an experienced criminal defense attorney immediately. Our criminal defense attorneys at Wallin & Klarich have over 40 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034. We will be here when you call.
