A Chicago man has been charged with involuntary manslaughter after killing 17-year old Kevin Kennelly in a fight — leading one to ask what is involuntary manslaughter, how is the definition of involuntary manslaughter different from murder, and why was the killer not charged with murder?
According to the Chicago Tribune, Kennelly was involved in a Fourth of July brawl at an Indiana beach. Kennelly, who is from Chicago, was badly beaten and his unconscious body was found on the beach.
Eighteen-year old James Malecek, also from Chicago, has been charged with involuntary manslaughter for allegedly beating Kennelly to death.
Given the circumstances of the beach fight, you may wonder why Malecek was charged with involuntary manslaughter and not murder.
In Illinois, you are usually charged with one of three crimes if you kill someone: (1) first-degree murder; (2) second-degree murder; or (3) involuntary manslaughter.
Generally, murder charges are reserved for intentional killings. Someone may be charged with first-degree murder for premeditated killings and killings that occur while committing a felony like robbing a bank.
Similar to first-degree murder, second-degree murder is also for intentional killings. However, the difference is that there are mitigating circumstances that lessen the crime such as intense provocation (like a serious fight).
And what is involuntary manslaughter? This crime is generally reserved for unintentional killings. These killings are oftentimes accidents where there is no criminal intent.
All of the circumstances surrounding the beach fight that killed Kevin Kennelly have still not been reported. But as the definition of involuntary manslaughter implies that the killing was an accident, prosecutors must have found that there was not enough evidence to charge James Malecek with an intentional killing -- yet.
Related Resources:
- Find a Chicago Criminal Defense Attorney (FindLaw)
- Mt. Carmel student killed intervening in Indiana beach fight (Chicago Sun-Times)
- Homicide (FindLaw)
- Chicago July 4th Murders: Holiday Weekend, Deadly Weekend (FindLaw's Chicago Criminal Law Blog)
ShareThis
