Defending his Store or Cold Blooded Killer?

Discussion in 'Law and Justice System' started by GHook93, Jun 1, 2009.

  1. GHook93
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    GHook93 Aristotle

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    Breaking News | Latest News | Current News - FOXNews.com

    2 black youths enter a pharmacy, one with a handgun pointed at the clerk. This clerk had been robbed before. The clerk pulls his own gun and shoots the 2nd robber who didn't have a gun in the head. The clerk then chases the other robber, but couldn't catch him. If the story ended there the clerk would not be charged with anything.

    BUT IT DIDN'T!

    The clerk then comes back into his store and gets another gun. He then pumps 5 rounds into the robber as he lies dying, but not dead on the floor!

    The clerk was charged with first degree murder! Was it justified? First degree murder? Absolutely not! But a crime? YES. The crime was over, the robber was on the ground mortally wounded. The clerk had a duty to call the police and an ambulances! He didn't, instead, he pumped 5 more rounds in the robber. He my opinion there is something wrong with that.
     
  2. Tank
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    Tank Gold Member

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    He is not a police officer trained for these situations he is a pharmacist.

    Just because he wounded the thug does not mean it's over, if the pharmacist still thought his life was in danger then five more shots are justified.
     
  3. RetiredGySgt
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    RetiredGySgt Platinum Member

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    The video is pretty clear. He was in no danger and obviously did not believe he was from his actions.

    I would charge him with manslaughter. And then if convicted give him the lowest possible sentence.
     
  4. Tank
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    Tank Gold Member

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    If he did not believe he was still in "danger", why did he shoot him?
     
  5. RetiredGySgt
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    RetiredGySgt Platinum Member

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    You would have to ask him. Hopefully even with the video evidence they have, he insists it was heat of the moment.

    I do not see how the prosecution can get premeditated out of this even with the video.

    If you haven't seen the video watch it.
     
  6. GHook93
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    GHook93 Aristotle

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    I 100% agree!
     
  7. Tech_Esq
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    Tech_Esq Sic Semper Tyrannis!

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    I hate to say it, but First Degree murder. If he gets off with less than that, it's because of jury sympathy. On that fact pattern, assuming he was not dead already and the prosecutors can prove that fact, then he demonstrated malice aforethought by 1) passage of time from the initial shooting, 2) switching weapons, 3) leaving and returning to the scene even if he only briefly left the scene.

    He should take a plea if one is offered.
     

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