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Sad incident - should the circumstances affect the prosecution and (if found guilty) sentencing?

It is an easy case. Old guy was assaulted and killed just because the young guy was INSULTED. Manslaughter. No impulse control.
 
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Man, that is tough. The young man seemed, based on the article, to maintain control but the 77 yr old wouldn't let it go. The 77 yr old died due to a blow to the head on the way down. Just sad all the way around and so avoidable. I wish Pujols just would have walked away, and I'm sure he does too.
 
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