Innocent woman killed by stray bullet

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Thread: Innocent woman killed by stray bullet

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    Innocent woman killed by stray bullet

    Just a reminder to all of us. No car is worth a innocent life. If you pull the trigger make sure you know what is beyond your target.

    Stray bullet stops generous heart; even dying, grandma thinks of others | freep.com | Detroit Free Press

    Stray bullet stops
    generous heart; even
    dying, grandma thinks of
    others

    BY TAMMY STABLES BATTAGLIA and ZLATI MEYER
    FREE PRESS STAFF WRITERS

    Retired Army officer Gregory Agee Sr. would
    send checks to his mother in Detroit
    periodically, begging the 69-year-old to use the
    money he earned from his job at the Pentagon to
    move someplace safer.

    Inevitably, Geraldine Jackson would instead
    spend it on clothes for one of the four
    grandchildren living with her, school supplies for
    a great-niece or great-nephew, or to take care of
    a utility shutoff notice for a relative.

    Her caring for others continued Wednesday even
    after she was struck by a stray bullet that
    blasted through the front wall of her house -- a
    shot Detroit police say was fired by a 65-year-
    old man chasing a 19-year-old carjacker through
    her neighborhood.

    Her concern: that someone turn off the red
    beans, neck bones and corn bread on the stove
    so the feast she was cooking for a granddaughter
    wouldn't burn while she was at the hospital. She
    didn't realize that the bullet in her side had
    fatally pierced a main artery.

    "Even as late as this weekend, I was talking to
    her about moving," her son said Thursday
    afternoon as her 25-year-old grandson, Larry
    Jackson, washed her blood out of the cream-
    colored living room carpet.

    "It goes beyond any words, the sadness. She
    should have been out of here."

    Unsympathetic to man who shot at car
    thief

    In 2006, Cassandra Johnson's brother, Steven
    Agee, was killed just shy of his 40th birthday by
    a woman who said she made a "mistake" when
    she shot.

    Then on Wednesday, a bullet killed her 69-year-
    old mother -- an unintentional shooting by a
    man aiming instead for a carjacker in northwest
    Detroit.

    In both instances, the shooters belong behind
    bars, Johnson said Thursday, standing in front
    of her mother's home on Vaughan at Pickford.
    Nearby was a pink and white cemetery wreath
    with a laminated sign reading, "In loving memory
    of Geraldine Jackson, May 12, 2010: The killing
    of a Grandma."

    [Page 2 of 3]


    "How can you make a mistake when you have a
    gun in your hand?" Johnson said in her mother's
    driveway, a single bullet hole in the gray siding
    between the two front windows.
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    Geraldine Jackson was fatally wounded
    Wednesday as she cooked a celebratory dinner to
    welcome a granddaughter back to Detroit on a
    visit.

    Johnson said the woman who shot her brother is
    free today after serving some time behind bars.

    The 65-year-old Detroit man whose bullet hit
    her mother remained behind bars Thursday, held
    by the Detroit Police Homicide Unit, according
    to police.

    And the 19-year-old carjacking suspect who
    police say started the fatal chain of events
    Wednesday remains in custody in a Northwest
    District lockup cell while investigators sort out
    charges.

    Charges up to prosecutor

    Detroit police spokesman John Roach anticipates
    a warrant request to charge the 19-year-old man
    with armed robbery and carjacking. But, he said
    Thursday, it's up to the Wayne County
    Prosecutor's Office to decide whether to charge
    the 65-year-old or the 19-year-old -- or both
    -- in connection with Jackson's death.

    Maria Miller, spokeswoman for Wayne County
    Prosecutor Kym Worthy, declined to comment
    Thursday until her office receives the results of
    the completed police investigation.

    According to Detroit police, the 19-year-old
    held up the 65-year-old, who was looking at a
    house at the corner of Pickford and Evergreen
    shortly before 2 p.m. The thief then fled in the
    man's green and tan Chevy Suburban but quickly
    crashed into a tree as he tried to turn onto
    Pickford.

    The thief ran westward along Pickford. The
    victim fired his gun at the suspect, sending a
    stray bullet into Jackson's home a block away at
    the corner of Vaughan and Pickford, police said.

    'She was a good woman'

    On Thursday evening, approximately 150 people
    returned to the corner for a short candlelight
    vigil mere yards from where Jackson's life
    suddenly was cut short.

    "There are bad things that happen in the world
    every day, but there are good people," Gregory
    Agee Sr., Jackson's son, told the crowd. "Even
    though she left this place the way she did, we do
    not know why things happen the way they do."

    [Page 3 of 3]


    As three shiny helium balloons sagged against
    the overcast night sky, Elvira Edwards, 39, of
    Detroit handed Johnson a teddy bear, which she
    would clutch for much of the evening.

    "She was a good woman, and she did what she
    could for everyone," said Edwards, who knew
    Jackson, nicknamed Mama J, through her 20-
    year friendship with Johnson. "She was fun-
    loving, full of life."

    Legal scenarios

    Wayne State University Law School professor
    Peter Henning said Thursday that the case is a
    Advertisement classic legal situation of transferred intent.

    "This goes back centuries," Henning said. "It's a
    way that the law dealt with the situation of
    hitting the bystander. Transferred intent is the
    bad shooter rule. If I intend to shoot you, but
    instead I hit somebody behind you, I don't get a
    defense, 'I didn't mean to shoot that person -- I
    meant to shoot you.' "

    The situation could land first-degree murder
    charges, punishable by life in prison, for the 65-
    year-old, he added.

    "Shooting at a thief can be first-degree murder,"
    Henning said, emphasizing that malice or
    extreme recklessness would have to be proved.

    A more likely defense for the 65-year-old would
    be claiming he shot "in the heat of passion,"
    which would reduce the charges to voluntary
    manslaughter, Henning said. That charge carries
    a 15-year maximum sentence and allows for
    parole.

    "He could claim he shot out of anger, then he
    could have a defense he was provoked, and shot
    in the heat of passion," Henning said.

    A sympathetic jury, he added, could reduce a
    murder charge to involuntary manslaughter. "A
    jury may be able to express their sympathy, but
    still be able to hold him responsible."

    Defending property, like a car, carries no legal
    value when someone is shot and killed, Henning
    said.

    "You can understand what he did, but at the
    same time you have a completely innocent victim
    dying," Henning said. "There's a lot of sympathy
    on both sides."

    Shooting mystifies

    There's no sympathy as far as Jackson's son is
    concerned. Agee, a retired Army officer, said he
    is mystified by the boldness of someone
    shooting as he runs through a neighborhood,
    regardless of the circumstances.

    "This guy that did the shooting, he should be
    held accountable for killing my mother," said
    Agee, who now works in Army planning at the
    Pentagon. "Why is he running with a loaded
    weapon? Does he have military or police training,
    to run after him shooting? Let the guy go with
    the car -- insurance will replace your car. You
    don't go shooting out here with residents."

    Jackson also is survived by another daughter,
    Coretta Stoudemire; four brothers, and 11
    grandchildren, according to Johnson.

    "She said, 'If anything ever happens to me, take
    care of my grandkids,' " Johnson said. "That's
    what I'm going to do."

    Funeral arrangements were incomplete Thursday.

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  3. #2
    Ex Member Array Cold Warrior's Avatar
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    Incidents such as this are covered in each and in every CCW class, not that the shooter had one while running and using his gun; alas, his justified and understandable anger and hate being no excuse when it comes of civil and legal liability and consequences.

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