No prosecution planned, though "Excessive Force Charges COULD be filed"
Going to go by the store today and at least buy a transistor or something....
http://www.jacksonville.com/tu-onlin...22126157.shtml (You may have to create an account to get to this link)
Last modified Fri., June 16, 2006 - 02:13 AM
Originally created Friday, June 16, 2006
Store owner won't face charges after shooting man
The owner believed he was in danger when he fired five shots, Shorstein said.
By CHARLIE PATTON, The Times-Union
State Attorney Harry Shorstein will not pursue charges against a Jacksonville business owner who shot an unarmed man he believed was trying to rob his store.
Shorstein said Thursday that, based on interviews with owner Doug Freeman and store employees, he determined Freeman thought he was in danger when he shot Vincent Hudson, 26, inside his Murray Hill store on May 31.
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"The testimony of several witnesses supports Freeman's statements that Hudson was acting suspiciously, had a bulge in his waistband, was looking around and repeatedly asked for money," Shorstein said.
Shorstein said it would be pointless to charge Freeman with a crime when "there is not a reasonable probability of conviction." But he cautioned he will consider filing charges in future cases involving what could be considered "unnecessary use of deadly force."
Freeman shot Hudson five times when he thought the man was reaching for a gun inside his Edgewood Avenue television repair store, Marvin's Electronics.
Under a state law passed in 2005, someone has the right to stand his ground and use deadly force to prevent death, great bodily harm or a forcible felony.
Freeman said Thursday he doesn't regret shooting the man.
"I thought I took appropriate action," he said. "Hopefully Mr. Hudson will see this as his 44th chance to straighten his life out, his 44th chance at redemption."
Freeman told the Times-Union he shot and killed a man in self-defense about 15 years ago while working as an automobile repossession man. Shorstein said he didn't take that incident into account in making his decision.
"I'm very relieved that Harry Shorstein took the time to think things through," Freeman said.
Hudson has been at Shands Jacksonville hospital since the shooting. He didn't answer a call to his hospital room Thursday afternoon.
Hudson has been arrested in Jacksonville 36 times since 1997. Shorstein said that his record of six felony convictions and six other convictions for crimes of dishonesty played a factor in deciding not to charge Freeman. Such details could have been used in a trial to impeach Hudson's credibility.
Shorstein said it's unlikely any charges will be filed against Hudson.