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Bail bondsman shoots, kills fleeing client. Someone tell me how this is justifiable Login/Join 
delicately calloused
Picture of darthfuster
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Self defense. Shot in the back. Mmmm K.



You’re a lying dog-faced pony soldier
 
Posts: 29943 | Location: Norris Lake, TN | Registered: May 07, 2008Reply With QuoteReport This Post
Fighting the good fight
Picture of RogueJSK
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quote:
Originally posted by darthfuster:
Self defense. Shot in the back. Mmmm K.


It's possible for someone to be shot in the back in self defense, or especially defense of another. Doesn't automatically disqualify it.

But this case doesn't seem to fit.
 
Posts: 33269 | Location: Northwest Arkansas | Registered: January 06, 2008Reply With QuoteReport This Post
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IMO...charge against her should have been second degree murder or manslaughter.

She skated free.


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"Some people are alive today because it's against the law to kill them".
 
Posts: 8228 | Location: Arizona | Registered: August 17, 2008Reply With QuoteReport This Post
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NHI defense. No human involvement. Bet that jury felt that, (1) he's was a felon, fuck him, (2) they would have shot him in the back climbing out the window of their house if had burglarized them. (3) he aint never going to break into someone's home again.

Add to that, he's a big dude, she's a woman. Jury probably wondered why the state even filed against her.
 
Posts: 2044 | Registered: September 19, 2011Reply With QuoteReport This Post
Chip away the stone
Picture of rusbro
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quote:
Originally posted by David W:
Looks like murder to me as well. So you withhold evidence just to let it see the light of day after the trial? I don't think we are dealing with the smartest people here.


Yep. I mean, if you're gonna withhold obviously extremely incriminating evidence, seems to me priority numero uno would be to make certain it was completely destroyed.
 
Posts: 11597 | Registered: August 22, 2008Reply With QuoteReport This Post
Peace through
superior firepower
Picture of parabellum
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quote:
Originally posted by Southflorida-law:
NHI defense. No human involvement. Bet that jury felt that, (1) he's was a felon, fuck him, (2) they would have shot him in the back climbing out the window of their house if had burglarized them. (3) he aint never going to break into someone's home again.

Add to that, he's a big dude, she's a woman. Jury probably wondered why the state even filed against her.
And you're a lawyer? I hope you don't deal wth criminal defense. Really, I don't.
 
Posts: 109647 | Registered: January 20, 2000Reply With QuoteReport This Post
Info Guru
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(According to the internet) Oklahoma is a state where lesser included offenses are not automatically included and either the prosecution or the defense can ask the judge to include lesser charges for consideration. So it appears that both sides really gambled on this case and the defense won.

http://www.stwnewspress.com/ne...92-335a7ea31faf.html

quote:
According to the instructions presented to the jury after evidence and testimony was given in court, "no person may be convicted of murder in the first degree unless the State has proved beyond a reasonable doubt each element of the crime." The listed elements are that someone died, their death was unlawful, the defendant caused the death and that it was caused by malice aforethought.

"'Malice aforethought' means a deliberate intention to take away the life of a human being. As used in these instructions, 'malice aforethought' does not mean hatred, spite or ill-will. The deliberate intent to take a human life must be formed before the act and must exist at the time a homicidal act is committed. No particular length of time is required for formation of this deliberate intent. The intent may have been formed instantly before commission of the act."


More detail on the testimony and defense in that linked article. The defense said that the video only showed half of the story, that you couldn't see what he was doing off camera Roll Eyes

The coroner testified he was shot in the back and the bullet exited his upper chest.

quote:
Originally posted by rusbro:
quote:
Originally posted by David W:
Looks like murder to me as well. So you withhold evidence just to let it see the light of day after the trial? I don't think we are dealing with the smartest people here.


Yep. I mean, if you're gonna withhold obviously extremely incriminating evidence, seems to me priority numero uno would be to make certain it was completely destroyed.

The video was shown in court and was the basis for the first degree murder charge.



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
sick puppy
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quote:
Originally posted by Georgeair:
quote:
first degree murder charge


IANAL, but that seems to be where the prosecutor got greedy and screwed the pooch. Can't imagine she wouldn't have been convicted on an even slightly lesser charge. Nobody's going to find for premeditation on that unless being stupid counts.


agreed. All defense had to do was prove it didn't fit the charge of FIRST degree murder because of no premeditation/ intent to commit the murder.

second degree murder, manslaughter, etc. plenty of other wrongful-death-murder-type charges that could've, I'd think, easily gotten a conviction.



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Posts: 7547 | Location: Alpine, Ut | Registered: February 17, 2010Reply With QuoteReport This Post
Step by step walk the thousand mile road
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quote:
Originally posted by darthfuster:
Self defense. Shot in the back. Mmmm K.


In Wyoming where there was the infamous Johnson County War between cattlemen and pretty much everyone else.

So far as I know, of all the killings that took place, only one was ruled self-defense: what is descried as "the cold blood killing of Dudley Champion" by Michael Shonsey.

My point is a claim of self-defense may get you off, even if you shoot someone in cold blood.





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 32255 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
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I find it crazy that she isn't charged because they brought the wrong degree of murder against her.
 
Posts: 200 | Registered: January 01, 2012Reply With QuoteReport This Post
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quote:
Originally posted by parabellum:And you're a lawyer? I hope you don't deal wth criminal defense. Really, I don't.


Almost 20 years as a criminal defense attorney, public defender, special public defender and private, 72 jury trials to verdict (state and federal). And in my experience, that was the reason for the not guilty from the jury.

Don't hate the player, hate the game.

(and I won a lot of cases using the NHI defense)
 
Posts: 2044 | Registered: September 19, 2011Reply With QuoteReport This Post
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Picture of John Steed
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I can't understand that at all. The guy seemed calm and relaxed, talking about cars and such. It wasn't until she wanted to put cuffs on him that he resisted, but it was without violence, just more like he refused to cooperate. He was a well-muscled guy. He could have put both mother and son out of commission easily, but did not get violent with them.

If all he was trying to do was escape out the window, where was the need to shoot?



... stirred anti-clockwise.
 
Posts: 2193 | Location: Michigan | Registered: May 24, 2009Reply With QuoteReport This Post
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Yes, the DA screwed up. And that woman, when she is mad nothing gets in her way of getting what she wants.


-c1steve
 
Posts: 4133 | Location: West coast | Registered: March 31, 2012Reply With QuoteReport This Post
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high tides
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I will not say what I feel. I hope the family sues her till the cows come home. Or at least till she has to join those on the street that I am sure she abused with pleasure. That was horrible.



"Practice like you want to play in the game"
 
Posts: 19865 | Registered: September 21, 2005Reply With QuoteReport This Post
Delusions of Adequacy
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Watching the vid..... self defense is bullshit. He never lays a hand on her, makes no threats or threatening actions, tries to evade her closing with him. Prior to the scuffle, he's cooperating, talking freely, I don't see why she felt the need to exert more control by trying to cuff him.




I have my own style of humor. I call it Snarkasm.
 
Posts: 17944 | Location: Virginia | Registered: June 02, 2006Reply With QuoteReport This Post
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JAllen is correct being a bail bondsman is a tough job. Sadly there is a lot of abuse within the field. The public is largely unaware of what goes on, and the latitude these people have in terms of "getting their man."

Several years back two bondsman attempted to smash in the door of a trailer. That is stupid to begin with as trailer doors open outward. In any event they drug this guy out of bed held a gun to his head and cuffed him. Twenty minutes later they determined they got the wrong trailer. They removed the cuffs and sped away. Nothing happened to them. Poor kid was traumatized.
 
Posts: 17622 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
Gone but Together Again.
Dad & Uncle
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Wow, whether the PA used the wrong charge or not it sure looks like a cold blooded murder to me.
 
Posts: 3841 | Location: St. Louis, MO | Registered: November 24, 2009Reply With QuoteReport This Post
Peace through
superior firepower
Picture of parabellum
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quote:
Originally posted by Southflorida-law:
Don't hate the player, hate the game.
Oh, gosh yes, platitudes are an appropriate response.

I'm glad that you were able to determine that his life wasn't worth shit and that he deserved to be murdered because he'd been to jail.

And don't tell me that's not what you said, because it is what you said.


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Posts: 109647 | Registered: January 20, 2000Reply With QuoteReport This Post
Legalize the Constitution
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Murder.


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despite them
 
Posts: 13681 | Location: Wyoming | Registered: January 10, 2008Reply With QuoteReport This Post
Bad dog!
Picture of justjoe
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Hard to watch, and the worst shooting video I've seen. Not only murder, but cold blooded murder. It was like she swatted a fly. Her boy will deal with that his whole life long.


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"You get much farther with a kind word and a gun than with a kind word alone."
 
Posts: 11253 | Location: pennsylvania | Registered: June 05, 2011Reply With QuoteReport This Post
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