Anyone know why Suspect No. 2 isn't charged with murder?

[Ian_rd]

He's been charged with

"use of a weapon of mass destruction" and "malicious destruction of property resulting in death" (link)

Why not murder in the first degree?

[cali]

1. they just haven't finished preparing all the charges

he will be charged with murder. Just heard on NPR

[geek tragedy]

2. Federal vs state crime.

He can and very likely will be prosecuted by both the USG and by the Commonwealth of Massachusetts.

[lastlib]

3. my guess is that murder is a state crime, not a federal crime.

(I wonder if Massachusetts will also charge him with vehicular homicide for running over his brother.)

[onenote]

4. Because he's only been charged by the feds at this point

There is no general federal criminal charge for "murder." For example, Timothy McVeigh killed 160 people, but he was only charged with eight counts of murder by the feds because the 160 he killed included 8 federal officials. The dead in the Boston bombings do not include any federal officials, thus no federal murder charge.

The state could still charge him with murder. In OK City, the state ultimately did not charge because McVeigh had been convicted and sentenced to death under federal law and another trial at the state level would have been expensive and delayed matters.

[nadinbrzezinski]

5. This is the initial complaint

Hardly the end of it.

Many a times the authorities (seen this locally) file the complaint for what they have most of the evidence. As time goes on they file superseding complaints that add not just detail and evidence, but charges.

Bear in mind, after an arrest the government is on the clock and needs to file within 72 hours max. They have been able to question the subject...but the government might not have been ready to charge with murder.

Regardless, both charges can bring the death penalty in a Federal Court.

[FarCenter]

6. That would be a state charge, not a federal charge

Feds get the first crack. Plus the Federal charge has a possible death penalty or life without parole or early release.

[ZombieHorde]

7. I learned something new in this thread!

Thanks for the question!

[Ian_rd]

8. Ahhh thanks. Wasn't remembering about state vs. feds having different goes at him.

[Mariana]

11. Better for the state to let the feds do their thing.

The state should investigate the crimes thoroughly and collect evidence, and then they should sit on it while the federal case goes on. If he's convicted in federal court and sentenced to death or to life with no parole, then any state level prosecution would be redundant and a waste of time and resources. What would the point be?

If for some crazy reason he's ever set free by the feds, then the state should charge him and prosecute him.

I'm a resident of Massachusetts and this is just my opinion of what should be done. I have no idea what will actually happen.

[BeyondGeography]

9. Toobin has a good blog in the New Yorker with the answer to this and more

Is there anything surprising about the complaint? It makes no mention of the Collier murder. There are several possible reasons for this. First, the government is not obligated to disclose all of its evidence and make all of its claims at this early stage. The evidence connecting Tsarnaev to this murder may not be clear. Second, the murder of Collier may not be a federal crime; only certain crimes, which have some connection to interstate commerce, are prosecuted in federal court. Most murders are prosecuted in state court, and this matter may be left to Massachusetts to pursue. In any case, all options remain open at this point.

http://www.newyorker.com/online/blogs/comment/2013/04/legal-questions-about-dzhokhar-tsarnaev.html

[EC]

10. not a federal crime... n/t