Here is one I believe that we can learn from.
A car thief was caught in the act by the female owner as she interjected the boyfriend saw what was happening and thought the BG had a gun and he shot at him and continued as the BG was running away. GG 1, BG 0. Unfortunately I believe this will go down as voluntary manslaughter. Be interesting to post a final outcome to this posting.
The full story http://www.wtvr.com/Global/story.asp?S=10231213
Union Hill Shooting 4/22/09
Union Hill Shooting 4/22/09
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allingeneral
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Re: Union Hill Shooting 4/22/09
There are a lot of details that we don't know on this one. Protection of property isn't just cause for deadly force. I hate to say it, but based on what I see, voluntary manslaughter it is.
Re: Union Hill Shooting 4/22/09
If the criminal is running away, even if its with your stuff, you don't have the right to shoot.
NOTE: If you shoot somebody running away from you, they obviously no longer have any intent on
harming you. As such, your life is no longer in danger and you cannot use deadly force. Let them run.
Explaining to a judge why the criminal has a bullet in their back and some how they posed a threat
is a bit difficult to defend against.
NOTE: If you shoot somebody running away from you, they obviously no longer have any intent on
harming you. As such, your life is no longer in danger and you cannot use deadly force. Let them run.
Explaining to a judge why the criminal has a bullet in their back and some how they posed a threat
is a bit difficult to defend against.
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skeeterss0
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Re: Union Hill Shooting 4/22/09
But you can follow the guy so you know where to go to get your stuff.
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allingeneral
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Re: Union Hill Shooting 4/22/09
More details on this one, reported today by the Times-Dispatch
MELODIE N. MARTIN TIMES-DISPATCH STAFF WRITER
Published: April 24, 2009
Authorities said a man shot and killed after allegedly breaking into a woman's car Wednesday in Richmond's East End appeared to have been unarmed.
A Virginia Commonwealth University student was arrested in the shooting death of Jamall Holman, 24, of the 1700 block of Forest Glen Road in Henrico County.
Eric G. Driver Jr., 25, of the 500 block of North 22nd Street, was charged with second-degree murder and use of a firearm in the commission of a felony in the shooting in the 2100 block of East Leigh Street on Wednesday about 4:30 p.m.
Richmond Commonwealth's Attorney Michael N. Herring said yesterday that Driver was charged with second-degree murder instead of first-degree murder because the shooting was "more of an overreaction" than a premeditated killing.
Herring said it is illegal to use deadly force to protect property.
"If someone's stealing your property," Herring said, "call the police."
Police said Holman had broken into a red Honda Civic that belongs to Driver's girlfriend. Driver confronted him, leading to an altercation that resulted in the shooting, police said. Authorities would not say how many times Holman was shot.
Driver's attorney, John W. Luxton, said the incident started when his client's girlfriend went to her car and found a masked man inside.
"She saw the mask and was very much alarmed. She ran and screamed for her boyfriend," Luxton said.
Luxton said Driver has no prior convictions and that his gun, registered in another state, was legal.
Driver is being held in the Richmond City Jail pending a bond hearing Monday.
Luxton said he hopes the judge will allow Driver to be released and complete final exams at VCU. Luxton said Driver is taking 22 hours of classes at VCU and Virginia Union University this semester and is scheduled to graduate next month.
"By his record and academic achievement, he's a very fine young man," Luxton said. "He worked hard and was getting ready to graduate in a couple weeks. It's a tragedy for a lot of reasons, for him and the young man who was killed."
Alicia Rasin, founder of the victims advocacy group Citizens Against Crime, said Holman had been raised by his grandmother, Ernestine Brunson, since his mother died of illness when he was 5.
Holman, a 2003 graduate of Hermitage High School, attended Virginia State University on a football scholarship for two years and was pursuing a degree in accounting from Strayer University, Rasin said.
Rasin said Brunson described her grandson as a kind, loving person and doesn't believe the accusation that he was breaking into a car. She said Brunson insists Holman did not own a firearm and "never had a desire to even carry a gun."
"She will go to her grave not believing Jamall did anything to hurt anybody," Rasin said.
MELODIE N. MARTIN TIMES-DISPATCH STAFF WRITER
Published: April 24, 2009
Authorities said a man shot and killed after allegedly breaking into a woman's car Wednesday in Richmond's East End appeared to have been unarmed.
A Virginia Commonwealth University student was arrested in the shooting death of Jamall Holman, 24, of the 1700 block of Forest Glen Road in Henrico County.
Eric G. Driver Jr., 25, of the 500 block of North 22nd Street, was charged with second-degree murder and use of a firearm in the commission of a felony in the shooting in the 2100 block of East Leigh Street on Wednesday about 4:30 p.m.
Richmond Commonwealth's Attorney Michael N. Herring said yesterday that Driver was charged with second-degree murder instead of first-degree murder because the shooting was "more of an overreaction" than a premeditated killing.
Herring said it is illegal to use deadly force to protect property.
"If someone's stealing your property," Herring said, "call the police."
Police said Holman had broken into a red Honda Civic that belongs to Driver's girlfriend. Driver confronted him, leading to an altercation that resulted in the shooting, police said. Authorities would not say how many times Holman was shot.
Driver's attorney, John W. Luxton, said the incident started when his client's girlfriend went to her car and found a masked man inside.
"She saw the mask and was very much alarmed. She ran and screamed for her boyfriend," Luxton said.
Luxton said Driver has no prior convictions and that his gun, registered in another state, was legal.
Driver is being held in the Richmond City Jail pending a bond hearing Monday.
Luxton said he hopes the judge will allow Driver to be released and complete final exams at VCU. Luxton said Driver is taking 22 hours of classes at VCU and Virginia Union University this semester and is scheduled to graduate next month.
"By his record and academic achievement, he's a very fine young man," Luxton said. "He worked hard and was getting ready to graduate in a couple weeks. It's a tragedy for a lot of reasons, for him and the young man who was killed."
Alicia Rasin, founder of the victims advocacy group Citizens Against Crime, said Holman had been raised by his grandmother, Ernestine Brunson, since his mother died of illness when he was 5.
Holman, a 2003 graduate of Hermitage High School, attended Virginia State University on a football scholarship for two years and was pursuing a degree in accounting from Strayer University, Rasin said.
Rasin said Brunson described her grandson as a kind, loving person and doesn't believe the accusation that he was breaking into a car. She said Brunson insists Holman did not own a firearm and "never had a desire to even carry a gun."
"She will go to her grave not believing Jamall did anything to hurt anybody," Rasin said.