The Marshall Project

Is It Murder if There’s No Homicide?

Apr 24, 2017

Last week in Florida a man named Randal Wagoner was released from jail after spending 1,140 days in confinement for murder. He was about to go to trial when prosecutors admitted their case against him was “weak.” Why? Because a medical examiner concluded after some deliberation (and the hiring of defense experts) that the victim’s death may not have been a homicide after all. And if there is no homicide there cannot, by law and logic, be a murder case or a resulting conviction.