Cordell Jude convicted of "reckless manslaughter" in the death of Daniel Adkins

The Cordell Jude trial is over, and a jury has convicted him of the lesser charge of “reckless manslaughter.” In Arizona, this can mean either “Recklessly causing the death of another person” or “Committing second degree murder upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim.” Being a “Dangerous Class 2 Felony,” the minimum penalty is seven years in prison. I will update if I learn what the sentence is. News organizations that have up to now ignored the trial and the case generally are reporting the verdict; but given the current state of media hypocrisy, most have only reprinted a brief report by the Associated Press, which only provided just enough information to leave one with the impression that Adkins was the guilty party.

During closing arguments, prosecutor Kirsten Valenzuela was quoted by the local Fox affiliate that "The choices that Mr. Jude made to drive around Phoenix with a loaded weapon, with one in the chamber ready to go at a moment's notice, ready to use that gun at the slightest chance he needed it. He wasn't scared, he was startled and then he got angry when this victim had the gall to come and yell at him and even scream at him and even raise his hand at his car…he chose to pull that gun off his lap and shoot a completely unarmed man." The defense, on the other hand, attempted to imply that Jude didn’t believe he had done anything wrong, or at least didn’t act “guilty.” He merely stayed at scene and called 911, and willingly “cooperated” with police.

The verdict suggests that jurors felt that Jude had in his mind sufficient “provocation” to shoot Daniel Adkins virtually point blank, and took this into account. Although Adkins himself was not completely without cause for responding the way he did, his mental and emotional immaturity could obviously be misconstrued in the body of an adult. However, what clearly could not be ignored is the question of how a “reasonable” person would have acted in this situation. Jude’s use of lethal force was clearly not justified. What is in the mind of someone who carries a loaded gun on his lap everywhere he drives, ready to use at any hint of “disrespect”? This is not “reasonable” behavior. A "reasonable" person would have called 911 first to report someone who was causing an obstruction; or they simply would have driven away at the first opportunity--because Adkins was not armed or threatening bodily injury, and Jude knew this.

After the verdict, Daniel Adkins, Sr.—the father of the victim—reacted in a much different way than we’ve seen in others. "He (Jude) was taken away before I could get to talk to him. I just want to tell him, I know you killed my son, but I don't hate you.  I hate your actions, but I don't hate you.”

(To update the Cordell Jude case, his sentencing will not occur until January 8 of next year. It is likely, however, that his sentence for reckless manslaughter will be something over the minimum of seven years, since in the aggravating circumstances portion of the verdict, the jury found unanimously that “beyond a reasonable doubt” the “offense is a dangerous offense,” that “The offenses involved the use, threatened use or possession of a deadly weapon or dangerous instrument during the commission of the crime, specifically a gun” and that “The offense caused physical, emotional or financial harm to the victim or, if the victim died as a result of the conduct of the defendant, caused emotional or financial harm to the victim’s immediate family.”)

(Second update: On January 8, 2014, the court agreed to delay the sentencing hearing until February 28--the delay being "indispensable" due to "extraordinary" circumstances. I will try to find out what is meant by this)
(Third update: Information officer Jerry Cobb  responded to my email with the following statement: There is no new evidence.  The court ordered a continuance to allow the defense an adequate opportunity to review and respond to the recently-submitted pre-sentence report.  The defendant remains in custody and is scheduled to be sentenced on 2/28.)