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In Virginia: Store Clerk Arrested for Shooting Robbers

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April 04, 2020, 05:57 AM
Micropterus
In Virginia: Store Clerk Arrested for Shooting Robbers
quote:
...criminally charged for using one of the two guns he had legally purchased and registered two weeks ago...


We don't have gun registration in Virginia.


_____________
"I enter a swamp as a sacred place—a sanctum sanctorum. There is the strength—the marrow of Nature." - Henry David Thoreau
April 04, 2020, 06:23 AM
Blume9mm
somebody watched too much NCIS... one of my biggest gripes about that program is they are always check some mysterious gun registration data base... and they are based in D.C. and often this is in Virginia.


My Native American Name:
"Runs with Scissors"
April 04, 2020, 06:55 AM
enidpd804
That article used the word, "robber" like six times. I can't speak to VA but that wouldn't even be close to robbery here. There's a real good chance this guy is an abuser with four assault charges and an active PO. I'm glad no innocents were hurt, but as of now, I'll withhold my sympathy for this guy.





Warren

https://www.policeone.com/columnists/warren-wilson/

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April 04, 2020, 07:51 AM
9mmnut
A protective order is just that. Makes no difference what for. Shooting an unarmed fleeing robber. Doesn't sound like self defense to me. Some states he would probably be ok if not for the protective order. Not saying they didn't get what they had coming.
April 04, 2020, 02:06 PM
jljones
quote:
Originally posted by enidpd804:
That article used the word, "robber" like six times. I can't speak to VA but that wouldn't even be close to robbery here. There's a real good chance this guy is an abuser with four assault charges and an active PO. I'm glad no innocents were hurt, but as of now, I'll withhold my sympathy for this guy.


Burglary in the 3rd degree here. Far cry from robbery.




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"It's a bold strategy, Cotton. Let's see if it works out for them"



April 04, 2020, 03:53 PM
RichardC
Yeah, the burglars will turn their lives around after this near death experience.

They won t be back to threaten this shop, or other innocents.


Show me that they turned to Jesus an d joined the side of Good as soon as you see it happen.


If current events cause ' civilization' to recede just a little more, I bet there will be some attitude changes as well


____________________

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April 05, 2020, 08:51 AM
bwl5
quote:
Originally posted by Scurvy:
He was already in the secured backroom. He initiated the attack. It doesn't appear he was in fear for his life at any point in time.

Unless he was attacked and defending himself, I don't see a justification.

Ignore the prohibited person fact. Ignore the initial shooting. He went back into the back room and came back to shoot them more while they were fleeing. I just don't see how you can do that and not fully expect to get arrested.


The clerk going into the front part of the store to investigate the sound is not initiating the attack and he therefore does not lose the presumption of innocence. Since VA is a stand your ground state, the element of avoidance is not required for it to be a valid case of self defense. Even if it was, the clerk going to investigate the noise would not cause him to lose the element of avoidance. If that was the case, you would have to call the police for every bang in the night that wakes you up at night instead of going out to see that it was just the dog knocking something off the table.

As far as going back after being in the back room and shooting at them while they were fleeing. That is a little more problematic. I do not think he would lose on the element of avoidance since Va is a stand your ground state, but he may lose the element of reasonableness. Did the teen burglars pose a reasonable threat of death or severe injury in that situation and was it reasonable for him to go back into the front.



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