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Old 04-22-2014, 08:39 AM   #343
Eleazar Eleazar is offline
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Join Date: May 2003
Location: Langley, VA
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Quote:
Originally Posted by ForeverChiefs58 View Post
Setting up the audio recording shows a premeditation. What's on it will be what sends him away
I don't think it does at all. He could conceivably have set up the recording in fear that armed burglars were about to kill him, hoping to provide evidence.

It's going to be difficult for his side to prove why all those shots were necessary. But I could easily see the defense winning because in a dark basement, an intruder couldn't be judged with complete accuracy as to whether they are a threat or whether they are armed. He could conceivably have been unsure whether the person was actually hit by the shot. whether they were armed (given he'd had firearms stolen before) or whether they were shot but were still a threat. A person who is armed and has been shot could be MORE of a threat, given that they are now in their view fighting for their life.

I don't think they will be able to get a murder conviction on the boy. The girl, sure, if we have the story as it will play out in court. (One has to wonder if we have the whole story here, because what girl would follow someone down into a dark basement after hearing gunshots?)

Anyway, this guy needs to be locked up IMO, but it also is a good reminder that your chances of being shot to death are a hell of a lot lower if you aren't committing burglaries.
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