CR -- The Anthony Suthers Prosecution

Anthony Suthers Prosecution

This case was never brought to trial.

Evidence

Security Camera footage from the basement, December 2011.
(Annotations by Prosecutor von Karma in Green)

[21:08] *** A forgotten corner of the basement where power surges are exceptionally rare, and multiple back-up options are available.
[21:08] * Anthony Suthers hooks the servers up.
[21:09] *** YingGirl has joined #suburbansenshi3
[21:09] <@spiritflame> irasshai YingGirl
[21:09] * Anthony Suthers activates a Microphone as soon as the servers are hooked in,.
Victim making no offensive action
[21:09] * YingGirl stays back. Wondering what's going on.
[21:09] * Anthony Suthers speaks into the mike. "I gave you my word. I won't fail you. I promise. I want you to know."
Defendant makes threat
[21:09] <Anthony Suthers> Get away from here or I will KILL you right here!
[21:09] <Anthony Suthers> What are you doing here?
Without waiting for Victim to leave, Defenndant makes first offensive action. At this point, victim would be justified in proportionate response, but does nothing.
[21:10] * Anthony Suthers pulls out a Knife, and advances on YingGirl.
[21:10] <YingGirl> I'm not afraid
[21:10] <Anthony Suthers> Get away from my most precious possessions, or I will skin you alive for vengeance as well as on principle!
[21:10] <Anthony Suthers> Not afraid?
[21:10] <YingGirl> I'm not touching anything
[21:10] <Anthony Suthers> Really?
Defendant ADMITS that he knows victim is touching nothing, and ADMITS that he is not facotring this into his consideration.
[21:11] <Anthony Suthers> I don't care, get out.
[21:11] <YingGirl> What are you trying to do?
[21:11] <Anthony Suthers> You have 1 minute, before I REALLY get serious with you.
[21:11] <YingGirl> What's with the Abtsergo equipment?
[21:12] <YingGirl> You're not seriously working for them?
[21:13] <Anthony Suthers> Well, they have the best servers. I got them from following Matsuo Shin's advice.
Defendant begins premeditated attack. Note no urgency on his part, proving premeditation.
[21:13] * Anthony Suthers pulls out two large tanks of gas.
[21:14] <Anthony Suthers> It had nothing to do with anything that happened yesterday. I have been planning this for months.
[21:14] <Anthony Suthers> Now GET OUT.
Defendant Escalates openly hostile action
[21:14] * Anthony Suthers pulls a gun out.
[21:15] * Anthony Suthers pulls out a LaZer gun, and turns off the safety.
Defendant is leaving as requested, but...
[21:15] * YingGirl backs away slowly
Defendant continues intimidation, putting Victim in fear for her life...
[21:15] <Anthony Suthers> I ought to shoot you. Right now.
[21:15] <Anthony Suthers> Right here, just on principle.
[21:15] <YingGirl> you can't control us like puppets
[21:15] <Anthony Suthers> You are a fool.
[21:16] <Anthony Suthers> I will readily admit that the best kind of Order is that which the public readily accepts.
[21:16] <YingGirl> ...and we'll fight to the bitter end to stop it.
[21:16] <Anthony Suthers> Besides. Not ALL of those Abstergo Logos are real ones.
[21:16] <Anthony Suthers> But it seems I've said too much...
Defendant now has motive for murder. Without waiting for victim to leave, completes premeditated assault--
[21:17] * Anthony Suthers fires the Lazer Gun, melting a hole in one of the aerosol tanks he has secured near the server bundle.
[21:17] * Gas from the tank starts filling the room.
Victim is now in mortal danger of severe Hypercapnia.
[21:18] <Anthony Suthers> I warned you. I gave you more than you deserve.
[21:18] * YingGirl dodges. And covers her mouth
[21:18] <Anthony Suthers> Yeah, that will work.
[21:18] <YingGirl> mmm!
Even though victim is weakened and disoriented, Defendant continues agression:
[21:19] <Anthony Suthers> Why don't I just try punching you in the stomach since you were too stupid to leave through that door there?
Defendant, having disoriented victim, now threatens her with deadly force.
[21:19] * Anthony Suthers advances on YingGirl with a knife.
[21:19] * Gas fills more of the room.
[21:19] * YingGirl tries to head back upstairs...covering her mouth
[21:20] * YingGirl is looking for the damn door, the gas is too think
[21:20] * Anthony Suthers does not persue or molest her, and instead pulls out some welding gear.
[21:22] <Anthony Suthers> Now, remember what I have taught you. There is a time for everything, and you are too important for me now. Yes, yes, I know, but you can help far more than I can.
[21:22] * YingGirl backs away, trying to find the bloody door
[21:22] <Anthony Suthers> You could have just left.
Defendant makes no move to clear the gas or let Victim out, despite seeing she is trapped.
[21:22] <Anthony Suthers> I wonder what the concentration in you is right now?
[21:23] * A bird appears. His feathers give the illusion that he's on fire
[21:23] <Anthony Suthers> Heh... and that's why I chose this gas.
[21:23] <Anthony Suthers> What do you think the effect of excessive Carbon Dioxide will be on your Phoenix?
[21:24] <Anthony Suthers> If he needs to burn.
Defendant admits he knows of the effect the gas will have on Victim's bird-- Victim's bird is now in mortal danger of severe Hypercapnia as well.
[21:24] * YingGirl finally finds the door
[21:24] <Anthony Suthers> Huh... let's release some more, shall we?
Defendant makes a last ditch attempt to complete the kill by adding in more gas even as the victim is attempting to flee.
[21:24] * Anthony Suthers aims another shot at a gas cylinder.
Defendant makes another death threat against victim and even threatens dismemberment. His deployment of more gas and the threat more than justifies interference from the bird in an attempt to save the victim.
[21:24] <Anthony Suthers> AND DON'T come back or I'll hand her your body after I've cut your hands off!
[21:24] * The bird flies and pecks at Anthony. He gives the illusion he';s on fire. But its a cold as ice
Note the proportionality of force between the Bird and the defendant-- "pecking" vs. Knives, Guns and Gas.
[21:25] * Anthony Suthers shoots the Cylinder, and dramatically increases the amount of CO2 in the room.
Defendant has now blatantly put the Phoenix in danger of Hypercapnia.
[21:25] *** YingGirl has left #suburbansenshi3
[21:25] * Anthony Suthers sprays a large gout of blood onto the bird from his wounds.
Defendant has now sprayed blood on the Victim's bird. While in the long view this blood was nothing more than a mix of transmitters and radioisotopes, in the heat of the moment there was no way for the bird to make this determination, and in an era where people have been murdered by getting STDs in deliberately thrown bloodspray, it is not infeasible to say the bird could have ben put in fear of its life.
[21:26] * Hitori flies all over the place pecking here and there on the machine
[21:26] <Anthony Suthers> You are DEAD.
Defendant makes blatant his murderous intent, presumably assuming the poison was efficacious. At this point, the bird would be more than justified in defending itself.
[21:26] * Anthony Suthers locks the door.
[21:27] <Anthony Suthers> Little bird...
[21:27] * Anthony Suthers has tears streaming from his eyes.
[21:27] <Anthony Suthers> You have KILLED one of my children.
[21:27] * Hitori continues to peck peck peck
[21:27] * Anthony Suthers smashes a crowbar over the bird's head.
[21:28] * Hitori dodges, and peckls the computer on a highe ground
[21:29] * Anthony Suthers has his eyes cloud with tears, and fires bullets into the taps to activate several fire sprinklers.
[21:29] * Hitori notices the whacking on the crowbar he dodges gave a computer a little spark
[21:30] * Hitori keeps pecking, curious of this werid "toy"
[21:30] <Anthony Suthers> Have you NOT DONE ENOUGH?
[21:30] <Anthony Suthers> Enough.
[21:30] <Anthony Suthers> Keep on.
[21:30] * Hitori looks up, giving a squawk.
[21:30] * Anthony Suthers unlocks the door, and goes outside the room.
[21:30] *** Anthony Suthers [Anthony@WhateverIsNecessary.gov] has quit IRC (Locks door and runs back toward Lobby.)
[21:31] * Hitori goes back pecking the machine curiously
[21:32] * Hitori stops, and flies to the door. Turning into human, and breaking the lock on it
[21:33] <Hitori> Idiout, just can't kill a Phoenix with water.
[21:34] *** Hitori has left #suburbansenshi3 (*heads towards the parking lot*)
[22:25] * CPU of computer attempts to survive the damage
[22:25] <spiritflame> CPU of computer rolls 3d6 [ 5, 5, 5 ]
[22:26] * CPU of computer is irrevocably damaged.
[22:26] *** CPU of computer has quit IRC
[22:31] *** Anthony Suthers [Anthony@WhateverIsNecessary.gov] has joined #suburbansenshi3
[22:31] <@spiritflame> irasshai Anthony Suthers
[22:31] * Anthony Suthers travels in secret to the room in which he tried to protect his offspring.
[22:31] * Anthony Suthers examines the damage to the mechanisms and memory with a heartbroken look on his face.
[22:32] <Anthony Suthers> This is why I knew I had to keep you seperate, so I could not lose you all. Your existence will not be in vain, I promise. My son... I am truly sorry.
[22:32] *** Anthony Suthers [Anthony@WhateverIsNecessary.gov] has quit IRC ( I TRULY am sorry.)

From 2010-Jul-21_0834PM.html

[20:28] <Thrash> Tony...
[20:28] <Thrash> your blood has nanomachines in them
[20:28] <Thrash> with a tracking signal as well...
[20:28] <Anthony Suthers> It can communicate with the WORLD, huh?
[20:29] * The Corruptor turns back and looks at Suthers.
[20:29] * Anthony Suthers pockets the Palm Pilot...
Defendant's blood scanned as having poison in it.
[20:29] <Thrash> ...your blood is also highly poisonious as well
[20:29] <The Corruptor> O-ho... you are very interesting indeeeeeeed.
[20:29] <Anthony Suthers> Looks like you blew it for everybody, Thrash!

the blood is not poisonous enough to harm the bird.

CCTV Camera footage from outside the house

2011-Dec-04_0501AM.html

[21:48] * Laser Sight alights on YingGirl's head instead.
...
[21:50] * emerges from the shadows across the street with an arrow embedded in his torso, he is carrying a sniper rifle.
[21:50] * Anthony Suthers aims at YingGirl
[21:51] * Anthony Suthers is away: I'll deal with her later, there is too much to lose now.
... [21:54] * Anthony Suthers has an arrow in him.

Franziska's Organizer

• At concentrations greater than 17 percent, such as those encountered during carbon dioxide fire suppressant use, loss of controlled and purposeful activity, unconsciousness, convulsions, coma, and death occur within 1 minute of initial inhalation of carbon dioxide (OSHA 1989, CCOHS 1990, Dalgaard et al. 1972, CATAMA 1953, Lambertsen 1971).

• Defendant just randomly shot open canisters, which would presumably lead to an uncontrolled release of the gas in even higher concentrations, borne out by the fact the air was thick with the gas. At the minimum design concentration (34 percent) for its use as a total flooding fire suppressant, carbon dioxide is lethal. Thus a presumption of murderous intent is not unreasonable.

• Mens Rea - The mens rea (Latin for the "guilty mind") for murder includes an intention to kill or cause grievous bodily harm where there is a high probability of death resulting, whereas attempted murder depends on an intention to kill, and an overt act towards the homicide.

Hitori would have no intent to kill as the log makes it clear he was curious about the computers, thinking of them as toys, ([21:30]) and they were not identified as being persons under the law at the time. Moreover, Suthers did not even attempt to identify the computers to Hitori or Ying as sentient beings. Hitori would not have seen his pecking as killing. Suthers, on the other hand, was well aware what he was doing would cause grevious bodily harm "You're DEAD" and made several overt acts (guns, knives, gas). He also locked Hitori in the room with the high gas concentration.

• Does Castle Doctrine protect Suthers?

Castle Doctrine allows for a person whose home is under attack to use force upon the attacker.

To apply, the person in the home:

   must believe that the intruder intends to do serious harm

   must believe that the intruder intends to commit a felony

   must not have provoked the intruder or made threat of harm

   may be protecting himself or any other within the residence

   may need to announce his presence and intention to retaliate

In this case it is clear the threat of harm was initially and repeatedly made to YingGirl, thus disqualifying the Castle Doctrine's application. Additionally, there is no evidence that YingGirl was intending to commit a Felony.

Evidence I need to further strengthen the case:

• Evidence to support Hitori's sentience and his knowledge of same.

• other incidents:

After the initial incident at some point Ying was confronted in the lobby and injured, having to be healed by a Phoenix Feather. there was also some incident after where her husband Dante went after the defendant.