Should the 80 year old man be charged in this case?

Jury nullification is common. It however does not change the law. I do not have all the facts. I will simply say at some point the emotional I have had enough of this chit factor comes into play, but in the end we are either a nation of laws or we are not. The problem I have is with all the discretion being taken away from the judge by our legislators who want to get tough on crime, this 80 year old may be facing mandatory sentencing which would mean the man will die in jail. My guess he will be charged, found guilty, and be allowed out on bond until his appeals are exhausted which will make him 90 something, and the Governor will grant clemency. Chasing an unarmed woman down an alley and shooting her twice in the back, is a crime. The fact that the woman had committed a crime does not excuse the behavior unless the shooter who is aged had a reasonable belief that they would double back and attack him and he acted in misguided self defense......that based on the facts given, does not seem to be the case.

bds wrote:


What, in your mind, should be the minimal requirement to use lethal force?  

Simple.  Being the victim of a home invasion.  

If you don't want to get a bullet in you then don't do home invasions.  Because regardless of whatever any law says,  I would do exactly what the victim did.

But you keep asking us the question.  Now we have a question for you.
Do you agree with the male home invader being charged with murder?

The only mistake the old man made was telling the truth to the cops.
He should have lied and said something like "she turned and I thought she had a gun in her hand".  Problem solved.

I bet seaoat is pissed because he can't blame this on racism since the perps are white. lol

Bob wrote:Do you agree with the male home invader being charged with murder?

Nope. He is guilty of battery and home invasion.

Let me ask you all this:  Say the burglars were able to escape unharmed but were later caught by the police.  

Should they face the death penalty?

boards of FL wrote:

Bob wrote:Do you agree with the male home invader being charged with murder?

Nope.  He is guilty of battery and home invasion.

If anyone is killed in the commission of a felony, all are guilty of murder. Even if that other person is a "get away" driver.

He should be tried and convicted of murder, assault, batter, home invasion and most anything else they can apply.

The man had been robbed three times before, he was badly beaten and in sever pain. He had no way of knowing if they would come back and kill him.

NO charges against the elderly man, perhaps an award and parade.

Markle wrote:

The man had been robbed three times before, he was badly beaten and in sever pain.

These liberals couldn't care less about that, markle. They care only about the perps. lol

Markle wrote:If anyone is killed in the commission of a felony, all are guilty of murder.  Even if that other person is a "get away" driver.

He should be tried and convicted of murder, assault, batter, home invasion and most anything else they can apply.

You clearly aren't interpreting that law correctly.

boards of FL wrote:Let me ask you all this:  Say the burglars were able to escape unharmed but were later caught by the police.  

Should they face the death penalty?

Anyone care to answer this?

boards of FL wrote:Let me ask you all this:  Say the burglars were able to escape unharmed but were later caught by the police.  

Should they face the death penalty?

If a frog had wings it wouldn't keep busting it's ass every time it hit the ground.

They did NOT escape and one of them was killed in the commission of a felony.

Other criminals targeting his neighborhood will most likely be looking elsewhere.

boards of FL wrote:http://abcnews.go.com/US/wireStory/man-shot-burglar-pregnant-24704576

"The lady didn't run as fast as the man, so I shot her in the back twice," Greer told the TV station. "She's dead ... but he got away."

Does that change anyone's mind?

Under California law, homeowners can defend themselves if they are in "imminent danger of serious bodily injury or death," he said.

Yes, he should be charged. There is a difference between defense and retaliation.

boards of FL wrote:

Bob wrote:Do you agree with the male home invader being charged with murder?

Nope.  He is guilty of battery and home invasion.

When a death occurs during the commission of a felony, those committing the felony are responsible for the death and should be charged accordingly.

Both intruders jumped on the elderly man and beat him....then continued to break into his safe.



Let me ask you a question, Boards. Were the intruders worried about causing the man pain and possibly death?

There are consequences to criminal behaviour.

Being in the minority, a place in which I am comfortable, I just cannot get my arms around my forum friends who celebrate the murder of this woman. Was she a trespasser? Absolutely. Was she physically threatening the OWG? Not at all . . . . she was fleeing. Because she was guilty of breaking and entering should give the OWG the legal authority to summarily execute her? That is precisely what happened . . . . what have we become as a people?

knothead wrote:Being in the minority, a place in which I am comfortable, I just cannot get my arms around my forum friends who celebrate the murder of this woman.  Was she a trespasser? Absolutely. Was she physically threatening the OWG? Not at all . . . . she was fleeing.  Because she was guilty of breaking and entering should give the OWG the legal authority to summarily execute her? That is precisely what happened . . . . what have we become as a people?

Celebrating? Minimizing a little, Knothead.

She was not merely trespassing she was involved in a home invasion, she and her partner attacked the elderly man by jumping on him and beating him. After he was down they continued opening his safe and ran when he recovered his gun. Perhaps if he had not gotten his gun they may have killed him before leaving.

He should get off...who knows if they were going to come back and finish him off later. They whupped him pretty good. They picked the wrong elderly person to rob and beat. There are consequences to behaviors. Had they not been robbing and beating an old man, the chick would still be alive right?

Joanimaroni wrote:

knothead wrote:Being in the minority, a place in which I am comfortable, I just cannot get my arms around my forum friends who celebrate the murder of this woman.  Was she a trespasser? Absolutely. Was she physically threatening the OWG? Not at all . . . . she was fleeing.  Because she was guilty of breaking and entering should give the OWG the legal authority to summarily execute her? That is precisely what happened . . . . what have we become as a people?

Celebrating? Minimizing a little,  Knothead.

 She was not merely trespassing she was involved in a home invasion, she and her partner attacked the elderly man by jumping on him and beating him. After he was down they continued opening his safe and ran when he recovered his gun. Perhaps if he had not gotten his gun they may have killed him before leaving.

Perhaps he should have not aimed to kill . . . . he was so proud!

It's cute that the leftists are now so conditioned that they can no longer tell the deference between the good guys and the bad guys.

The burglar is charged because in committing a felony a death
Occurred

Knotweed..... You don't pull out the gun and ever shoot to wound.

PACEDOG#1 wrote:Knotweed..... You don't pull out the gun and ever shoot to wound.

Not news to me PD . . . . this was not a situation where deadly force was appropriate . . . . that's how I see it!

There are consequences to criminal behaviour.



Yes there are

Joanimaroni wrote:

knothead wrote:Being in the minority, a place in which I am comfortable, I just cannot get my arms around my forum friends who celebrate the murder of this woman.  Was she a trespasser? Absolutely. Was she physically threatening the OWG? Not at all . . . . she was fleeing.  Because she was guilty of breaking and entering should give the OWG the legal authority to summarily execute her? That is precisely what happened . . . . what have we become as a people?

Celebrating? Minimizing a little,  Knothead.

 She was not merely trespassing she was involved in a home invasion, she and her partner attacked the elderly man by jumping on him and beating him. After he was down they continued opening his safe and ran when he recovered his gun. Perhaps if he had not gotten his gun they may have killed him before leaving.

But they had stopped and were running away. You cannot kill someone because you're pissed off that they robbed and assaulted you. He chased her down and shot her in the back.