2nd mistrial declared in Norfolk pharmacy shooting

2nd mistrial declared in Norfolk pharmacy shooting

This is a discussion on 2nd mistrial declared in Norfolk pharmacy shooting within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; This is interesting because it goes to the legal outcome of a fatal shooting by a citizen of another citizen at a pharmacy. --- 2nd ...

Page 1 of 3 123 LastLast
Results 1 to 15 of 37
Like Tree66Likes

Thread: 2nd mistrial declared in Norfolk pharmacy shooting

  1. #1
    Distinguished Member Array Chad Rogers's Avatar
    Join Date
    Jan 2011
    Location
    Metro DC
    Posts
    1,505

    2nd mistrial declared in Norfolk pharmacy shooting

    This is interesting because it goes to the legal outcome of a fatal shooting by a citizen of another citizen at a pharmacy.
    ---

    2nd mistrial declared in Norfolk pharmacy shooting - WTOP

    NORFOLK, Va. (AP) A jury has deadlocked for the second time in the trial of a Norfolk man charged in a shooting death [2012] at a pharmacy.

    ...

    In an interview shortly after his arrest, Benn told the newspaper he was picking up medicine when Colorado cut in front of him. The two argued, and Colorado sprayed Benn with pepper spray. Police said Benn then fired a handgun at Colorado, who pulled a gun and returned fire, hitting Benn in the shoulder.

  2. #2
    Senior Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    46,253
    Over a place in line? Pretty stupid any way you cut it...IMHO
    No one won here.
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member

  3. #3
    Distinguished Member
    Array spclopr8tr's Avatar
    Join Date
    Mar 2014
    Location
    SOMD/TN
    Posts
    1,733
    Sounds like the legal system is working. With two deadlocked juries it appears there is no clear cut evidence as to whether this was self-defense or a crime. I will be curious to see if the DA goes for round 3.
    Aceoky and Old Sarge like this.
    "The best we can hope for concerning the people at large is that they be properly armed." Alexander Hamilton

    Distinguished Life Member NRA
    2AF - CCRKBA
    Maryland Shall Issue
    Handgunlaw.us Donor

  4. #4
    VIP Member Array Mike1956's Avatar
    Join Date
    Sep 2011
    Location
    Marion County, Ohio
    Posts
    15,581
    The article certainly isn't rich with details of the shooting.
    StormRhydr and d2jlking like this.
    "If you don't want to get eaten, don't be food."

  5. #5
    Distinguished Member Array Chad Rogers's Avatar
    Join Date
    Jan 2011
    Location
    Metro DC
    Posts
    1,505
    Quote Originally Posted by spclopr8tr View Post
    Sounds like the legal system is working. With two deadlocked juries it appears there is no clear cut evidence as to whether this was self-defense or a crime. I will be curious to see if the DA goes for round 3.
    My sense is the Commonwealth's Attorney is finding it difficult to find citizens who are willing to convict the one guy when it is the other guy who initiated the first two hostile events (line jumping and pepper spraying).

  6. #6
    VIP Member
    Array PEF's Avatar
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    4,760
    -PEF, a Framer with a Steelie...
    ~~~~~~~~~~~~~~~~~~~~~~
    1. All guns are always loaded.
    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

  7. #7
    Distinguished Member Array Chad Rogers's Avatar
    Join Date
    Jan 2011
    Location
    Metro DC
    Posts
    1,505
    Thanks. So it also seems the deceased has the dirtbag factor working against him?

    And the CCWer might have been shot in the back?
    StormRhydr likes this.

  8. #8
    VIP Member
    Array PEF's Avatar
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    4,760
    Quote Originally Posted by Chad Rogers View Post
    Thanks. So it also seems the deceased has the dirtbag factor working against him?

    And the CCWer might have been shot in the back?
    From the video of the shooting here, I tend to believe the story of the accused. The decedent appears to to be the aggressor. Note the accused tries to get away, and the decedent chases him.

    -PEF, a Framer with a Steelie...
    ~~~~~~~~~~~~~~~~~~~~~~
    1. All guns are always loaded.
    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

  9. #9
    VIP Member
    Array oneshot's Avatar
    Join Date
    Jul 2009
    Location
    +42.893612,-082.710236 , Mi.
    Posts
    9,730
    Quote Originally Posted by PEF View Post
    From the video of the shooting here, I tend to believe the story of the accused. The decedent appears to to be the aggressor. Note the accused tries to get away, and the decedent chases him.


    True^^^^^^^^
    I would not have sprayed the dummy myself, but may have warned him to quiet down.
    But while watching the video, you can clearly see that the accused(BM on the phone) was never really in line (he casually walked up but kept strolling around), and you can also see, that while no audio is heard, you plainly see him badger and continue to give the deceased grief. I would be on the line(with the jury) as well, plus his initial booking pics look like a thug as well, and that could be holding some jurors at bay as well.
    msgt/ret likes this.
    I would rather die with good men than hide with cowards
    If you want to make God laugh, tell him your plans.
    Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy."

    M&Pc .357sig, 2340Sigpro .357sig

  10. #10
    Distinguished Member Array Chad Rogers's Avatar
    Join Date
    Jan 2011
    Location
    Metro DC
    Posts
    1,505
    1) That was not what I would have called line jumping as the defendant was not seemingly in line.

    2) Look like a thug and be treated like a thug.

    3) How quickly our emotions can overcome our sense of reason.
    msgt/ret, oneshot and GWarden like this.

  11. #11
    VIP Member
    Array PEF's Avatar
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    4,760
    Quote Originally Posted by oneshot View Post
    True^^^^^^^^
    I would not have sprayed the dummy myself, but may have warned him to quiet down.
    But while watching the video, you can clearly see that the accused(BM on the phone) was never really in line (he casually walked up but kept strolling around), and you can also see, that while no audio is heard, you plainly see him badger and continue to give the deceased grief. I would be on the line(with the jury) as well, plus his initial booking pics look like a thug as well, and that could be holding some jurors at bay as well.
    But from this small slice of evidence, and nothing more, I'd not be able to convict him of a murder charge.

    I wouldn't let his booking photo bother me, though. He cleared a background check for his permit. And lots of people don't have my refined taste of style.
    -PEF, a Framer with a Steelie...
    ~~~~~~~~~~~~~~~~~~~~~~
    1. All guns are always loaded.
    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

  12. #12
    Senior Moderator
    Array Rock and Glock's Avatar
    Join Date
    Nov 2005
    Location
    Colorado at 26,650'
    Posts
    14,654
    Idiots. They both won stupid prizes.
    msgt/ret, oneshot, ctr and 5 others like this.


    "He went on two legs, wore clothes and was a human being, but nevertheless he was in reality a wolf of the Steppes. He had learned a good deal . . . and was a fairly clever fellow. What he had not learned, however, was this: to find contentment in himself and his own life. The cause of this apparently was that at the bottom of his heart he knew all the time (or thought he knew) that he was in reality not a man, but a wolf of the Steppes."

  13. #13
    VIP Member Array dangerranger's Avatar
    Join Date
    Sep 2012
    Location
    Exact center of CA
    Posts
    2,632
    No clear winners here! We just had a thread here on defending from a pepper spray attack. I wonder how that plays into this? DR

  14. #14
    Senior Member Array michael t's Avatar
    Join Date
    Dec 2004
    Location
    outback Ky
    Posts
    1,194
    He wasn't in line He was walking all around. With his reasoning I could stand at entrance and be in line. I can see in a way why juries are dead locked . How ever No real reason for pepper spray either Both were wrong but the x deputy kicked it up a notch with the pepper spray .Not 1 time but several times.
    Last edited by michael t; February 22nd, 2015 at 05:56 PM.
    msgt/ret, oneshot, Aceoky and 1 others like this.
    come visit me at my home www.bersachat.com or http://www.americanclassic1911forum.com
    1990, 1992 Colt Mustang 1941 Colt USGI 1951 Colt Commander 9MM
    1972 Colt Combat Commander 1994, Colt Officer ACP 2001 Colt LTW Commander 2005 Colt Defender 2007 Dan Wesson
    early Belleview Detonics

  15. #15
    Distinguished Member
    Array spclopr8tr's Avatar
    Join Date
    Mar 2014
    Location
    SOMD/TN
    Posts
    1,733
    Having watched the video (without audio) and read the article, it is still unclear exactly what transpired. But it was clearly out of line to assault Benn with the pepper spray, particularly after he apparently relented and let Colorado go in front of him. From the article it appears Colorado had some self control issues and was at the time of his shootout carrying with a revoked permit. It will still be interesting to see if the DA will go to trial a third time considering two juries have already failed to reach a judgement.
    oneshot, Aceoky and Ghost1958 like this.
    "The best we can hope for concerning the people at large is that they be properly armed." Alexander Hamilton

    Distinguished Life Member NRA
    2AF - CCRKBA
    Maryland Shall Issue
    Handgunlaw.us Donor

Page 1 of 3 123 LastLast

Remove Ads

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

rite aid shooting norfolk va trial

Click on a term to search for related topics.