BAKERSFIELD, CA- Bryan Oliver, the alleged shooter in the Taft Union High School shooting, is charged with two counts of attempted murder.
The first count is for shooting Bowe Cleveland and the other count for shooting at another student Jacob Nichols, who was not injured.
The prosecution had the burden of proving Bryan Oliver guilty beyond a reasonable doubt and apparently didn't convince all the jurors.
To convict Bryan Oliver of attempted murder, the prosecution had to prove Oliver took at least one ineffective step toward killing someone and had the intent to kill him.
The jury also had the option to convict Oliver of a lesser count of attempted voluntary manslaughter of Cleveland. That's because Judge John Lua determined there was substantial evidence the shooting of Cleveland could be considered a crime of passion, because it is possible Cleveland bullied Oliver shortly before the shooting.The difference in this lesser count is the finding that Oliver was provoked and that provocation may have led to a crime of passion. Criminal Defense Attorney Kyle Humphrey said, "It is a passionate, heat of the moment, sudden quarrel type behavior. You intend to kill, but you're enraged or berserk you don't even think about the consequences or weight at all." Humphrey said the maximum sentence for attempted murder is life in prison with the possibility of parole and attempted voluntary manslaughter carries a penalty of 18 months to five-and-a-half years in prison.
Oliver has been in custody and already served almost 2 years. Judge John Lua ordered he stay in custody at least until the new trial.
The first count is for shooting Bowe Cleveland and the other count for shooting at another student Jacob Nichols, who was not injured.
The prosecution had the burden of proving Bryan Oliver guilty beyond a reasonable doubt and apparently didn't convince all the jurors.
To convict Bryan Oliver of attempted murder, the prosecution had to prove Oliver took at least one ineffective step toward killing someone and had the intent to kill him.
The jury also had the option to convict Oliver of a lesser count of attempted voluntary manslaughter of Cleveland. That's because Judge John Lua determined there was substantial evidence the shooting of Cleveland could be considered a crime of passion, because it is possible Cleveland bullied Oliver shortly before the shooting.The difference in this lesser count is the finding that Oliver was provoked and that provocation may have led to a crime of passion. Criminal Defense Attorney Kyle Humphrey said, "It is a passionate, heat of the moment, sudden quarrel type behavior. You intend to kill, but you're enraged or berserk you don't even think about the consequences or weight at all." Humphrey said the maximum sentence for attempted murder is life in prison with the possibility of parole and attempted voluntary manslaughter carries a penalty of 18 months to five-and-a-half years in prison.
Oliver has been in custody and already served almost 2 years. Judge John Lua ordered he stay in custody at least until the new trial.