In a just world the carjacker would be up for felony murder charges for the woman’s death. His attempt at committing felony robbery and assault with a deadly weapon directly led to the woman’s death.
Last year there was a fatal accidental shooting in the parking lot of a music store on Poplar Avenue in Memphis.
A prospective purchaser and seller of pot got into an argument about their transaction and decided not to pursure their respective remedies under Article 2 of the Uniform Commercial Code.
A shot or shots were fired and one of them fatally hit the girlfried, who was in the car, of one of the participants.
I’m really torn about this one. Apparently, MI law allows use of deadly force to stop a fleeing felon (which is why he’s not being charged), and the cockroach did point a (supposed) gun at him when he fired the fatal shot, so the act of firing was self-defense. Unfortunately he missed, and one of those misses killed an innocent.
The problem is that in an urban setting like Detroit (or pretty much any residential area), if you take Rule 4 to it’s normal level, you might as well not carry at all – there is no “safe” direction if you miss, because it’s so densely populated. Essentially, everywhere in that bullet’s range, in every direction, there is the possibility of someone being in the way that you can’t see.
At the same time, I have a hard time condemning him for chasing the crook, too. Do you let a violent criminal just run off to attack someone else? Whatever happened to the idea that it is the duty of every citizen to act to stop crimes? Even fifty years ago, a healthy, armed man would have been ridiculed if he hadn’t tried to stop the crook like this man did. Today, the attitude is “run and hide, and be a good witness” – leaving the crook free to try to harm someone else.
This is a tragedy, no doubt. I don’t think I would have chased after the crook like that, but I can’t quite bring myself to condemn him, either.
In a just world the carjacker would be up for felony murder charges for the woman’s death. His attempt at committing felony robbery and assault with a deadly weapon directly led to the woman’s death.
Plenty of cops have mistakenly shot innocent bystanders, and even killed them. IN fact, cop shootings show a higher percentage of this phenomenon. How many of those cops were jailed on felony murder charges?
Felony murder would only apply to a cop who accidentally hit an innocent if the COP was in the process of committing a felony.
Which is why the carjacker is being charged with felony murder, but the carjacking victim who shot at him and hit an innocent is not.
Just like, if you and your buddy are holding up a store, and the cops shoot your buddy (on purpose) and the clerk catches a stray round, YOU can be charged with TWO counts of felony murder. You were committing a felony, and as a DIRECT result of that, people got killed.
June 22nd, 2010 at 9:27 am
But, but I’ve read on the internetz that I will be a hero if I shoot at a criminal.
How can this be?
June 22nd, 2010 at 9:56 am
And the criminal will get out so that the prosecution can convict the guy trying to protect himself from the criminal.
I feel for the family of the grandmother, and maybe, the shooter should be remanded in some manner, but this just isn’t right.
Something I say fairly often lately of the gyrations of lawyers and the laws.
June 22nd, 2010 at 10:06 am
In a just world the carjacker would be up for felony murder charges for the woman’s death. His attempt at committing felony robbery and assault with a deadly weapon directly led to the woman’s death.
Pol
June 22nd, 2010 at 10:18 am
Last year there was a fatal accidental shooting in the parking lot of a music store on Poplar Avenue in Memphis.
A prospective purchaser and seller of pot got into an argument about their transaction and decided not to pursure their respective remedies under Article 2 of the Uniform Commercial Code.
A shot or shots were fired and one of them fatally hit the girlfried, who was in the car, of one of the participants.
June 22nd, 2010 at 10:31 am
I’m really torn about this one. Apparently, MI law allows use of deadly force to stop a fleeing felon (which is why he’s not being charged), and the cockroach did point a (supposed) gun at him when he fired the fatal shot, so the act of firing was self-defense. Unfortunately he missed, and one of those misses killed an innocent.
The problem is that in an urban setting like Detroit (or pretty much any residential area), if you take Rule 4 to it’s normal level, you might as well not carry at all – there is no “safe” direction if you miss, because it’s so densely populated. Essentially, everywhere in that bullet’s range, in every direction, there is the possibility of someone being in the way that you can’t see.
At the same time, I have a hard time condemning him for chasing the crook, too. Do you let a violent criminal just run off to attack someone else? Whatever happened to the idea that it is the duty of every citizen to act to stop crimes? Even fifty years ago, a healthy, armed man would have been ridiculed if he hadn’t tried to stop the crook like this man did. Today, the attitude is “run and hide, and be a good witness” – leaving the crook free to try to harm someone else.
This is a tragedy, no doubt. I don’t think I would have chased after the crook like that, but I can’t quite bring myself to condemn him, either.
June 22nd, 2010 at 10:32 am
This. +1000!
June 22nd, 2010 at 11:54 am
Yep, the bad guy initiated hostilities. He is ultimately responsible for there being any gun fire at all.
June 22nd, 2010 at 3:29 pm
the article said he was in jail on felony murder charge. so the robber is getting what’s due to him.
June 22nd, 2010 at 4:08 pm
Plenty of cops have mistakenly shot innocent bystanders, and even killed them. IN fact, cop shootings show a higher percentage of this phenomenon. How many of those cops were jailed on felony murder charges?
June 22nd, 2010 at 9:56 pm
No, it’s not the “Wild West.”
It’s “Detroit.”
June 23rd, 2010 at 2:13 am
Lyle,
Felony murder would only apply to a cop who accidentally hit an innocent if the COP was in the process of committing a felony.
Which is why the carjacker is being charged with felony murder, but the carjacking victim who shot at him and hit an innocent is not.
Just like, if you and your buddy are holding up a store, and the cops shoot your buddy (on purpose) and the clerk catches a stray round, YOU can be charged with TWO counts of felony murder. You were committing a felony, and as a DIRECT result of that, people got killed.
June 23rd, 2010 at 7:50 am
The problem here is the guy defending heimself is up for manslaughter as well. Thats a gross injustice.
Pol