Dismissal of murder charge sought
copyright the Chronicle January 17, 2018
NEWPORT — According to a motion filed by Jon Valsangiacomo, the lawyer representing Ryan P. Bacon, 32, of Point Pleasant, New Jersey, the state cannot prove his client committed second-degree murder or voluntary manslaughter. Mr. Valsangiacomo has filed a motion in the Criminal Division of Orleans County Superior Court asking Judge Robert Bent to dismiss charges against his client.
Mr. Bacon is facing felony charges of second-degree murder and voluntary manslaughter in the death of Ron-Lou Schneider who was shot in Greensboro in 2015.
He was originally charged with first-degree murder by Orleans County State’s Attorney Jennifer Barrett, but Ms. Barrett later amended that charge down to second-degree murder and added a charge of voluntary manslaughter.
Ms. Barrett said this week that she has been engrossed in preparing for another murder trial, that of Jeffrey Ray, and has not prepared an answer to Mr. Valsangiacomo’s motion.
By arguing against the state’s ability to prove the lesser of the two charges, Mr. Valsangiacomo effectively struck at the more serious. Without proving a person intended to kill, or intended to do great bodily harm, or showing a wanton disregard that a likelihood of death or great bodily injury would result from his actions, the standard for voluntary manslaughter, it is impossible to get a conviction for either charge.
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