Assignment:
John Volunteer is a restaurant manager of a local "Cheesies" restaurant. One week ago, a patron of his restaurant decided to smoke a cigarette in the bathroom causing the fire sprinklers to drench the restaurant in water. As a result of this, the entire restaurant needs to be renovated. To prepare for the renovation Volunteer has taken the cash registers, supplies that weren't damaged, and other items from the restaurant and stored them in his home. He thought it would be a good idea. It wasn't.
Two days after the flood, the cigarette smoker, John Davidson, upset by the fact that Volunteer embarrassed him after the sprinklers came on, enlisted his two friends, Donaldson and Derrickson, to exact revenge. The plan was to break into the home of Volunteer and take his money and supplies...by force if necessary.
The night of the crime Davidson, Donaldson and Derrickson broke into the home of Volunteer. Everything was going well until Volunteer awoke and heard people in his home. Volunteer grabbed a gun from his nightstand drawer and ran into his living room to find the three defendants rummaging through his items.
Davidson turned toward Volunteer, pointed a gun at Volunteer and told him not to move. Davidson told Volunteer to drop the gun he had. Volunteer refused and shot into the group, emptying his magazine. When the dust settled, Derrickson lay dead on the floor, but the other two escaped.
Yesterday, Davidson was caught.
I need you to draft a charging memorandum describing what crimes, if any, we should charge Davidson with. Please describe your rationale for the crimes you choose.
Defamation
Libel
Slander
Battery
Assault