Murder not a crime of violence,' Federal judge rules in terrorism case

"Murder is not a crime of violence at least not as a matter of federal law, a Brooklyn judge has ruled as he dismissed two charges in a possible death penalty case against a terrorism suspect. Brooklyn Federal Court Judge Brian Cogan made the head-scratcher of a pre-trial ruling Feb. 6 in an international terrorism case where the suspect is accused of planning a brutal November 2015 assault rifle and grenade attack on a hotel in Mali that killed 20 people, including a U.S. citizen."

"In a 22-page decision that references murder cases dating back to the 16th century, Cogan acknowledged the absurdity of his ruling but pointed out that because the federal first-degree murder statute allows for unintentional and accidental killings, murder can't strictly be categorized as an act of violence. It's not just a matter of semantics."

"The distinction means two of the six charges against accused terrorist Fawaz Ould Ahmed Ould Ahemeid, brandishing and discharging a firearm during a crime of violence and causing death by firearm during a crime of violence, must be dismissed, Cogan ruled. Federal courts have been litigating what is and isn't a crime of violence for decades and often take what's called a categorical approach meaning an offense either is, or isn't a crime of violence, regardless of the individual facts of the case, explained criminal defense attorney Kenneth White, a former federal prosecutor who writes about legal issues."

Judge Brian Cogan dismissed two charges in a federal terrorism case after ruling that the federal first-degree murder statute can encompass unintentional and accidental killings. Because the statute's elements can be satisfied by nonviolent conduct, murder does not necessarily qualify as a federal "crime of violence" under the categorical approach. The dismissed charges involved brandishing and discharging a firearm during a crime of violence and causing death by firearm during a crime of violence. The accused, Fawaz Ould Ahmed Ould Ahemeid, is alleged to have planned a November 2015 attack on a Malian hotel that killed 20 people, including a U.S. citizen.

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