It has been nearly a week since the Court of Appeal has issued a published opinion, so I was glad to read this one by Justice Richman today. It's an extremely good one. Well written, well argued, and persuasive on the merits. Really well done.
My only marginal critique is that I felt as though the opinion could have given the deceased victim here a touch more respect. The victim -- Oliver Williams -- was stabbed to death by the defendant (Jermaine Brim) during a fight on a BART train that was instigated when the barefoot defendant attempted to get some shoes from someone sleeping on the train. Mr. Williams stepped in to confront Mr. Brin and ordered him to leave the train; Mr. Brin did so, but then returned, a scuffle ensued, and ultimately Mr. Brin stabbed Mr. Williams to death.
Maybe the case involved a second degree murder, or maybe it involved voluntary manslaughter. That is what the published opinion is all about, and rightfully so.
But I would have preferred that the opinion, at least once, describe the deceased victim, Mr. Williams, as a good Samaritan. Because that's surely what he was. For better or worse, he was trying to protect someone else on a BART train. He didn't have to do that. Many -- perhaps most -- other people in that situation would have simply turned away, or watched the events transpire helplessly.
Mr. Williams didn't do that. He tried to help. And he ultimately paid for that decision with his life.
That deserves, in my mind, at least a little respect. Were it me, I would have expressly given it.
