Grand jury clears shooter in March Metro fatality

This is a discussion on Grand jury clears shooter in March Metro fatality within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; That type of stuff isn't allowed in North Carolina (Using Deadly Force on an Unarmed man). There's a case going on here in Fayetteville where ...

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Thread: Grand jury clears shooter in March Metro fatality

  1. #16
    Member Array paratroop23's Avatar
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    That type of stuff isn't allowed in North Carolina (Using Deadly Force on an Unarmed man). There's a case going on here in Fayetteville where a city councelman shot a Marine for hitting him. *Long Story Short-- The drunk marine leaves a bar and jumps into the councelmans car mistaking the councelmans car for a cab. Councel Man asks the marine to un@ss his vehicle, Marine does and promptly slaps "cab driver". The councel man draws weapon and shoots marine.* The marine was unarmed. Did the marine deserve to die? Does the councelman deserve to be acquitted. Does it matter what race either man was? I already know the answer to my last question by reading a couple of the posts by a couple of clowns in this thread.
    Last edited by paratroop23; June 7th, 2007 at 09:00 PM.

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  3. #17
    Member Array nextlevelcell's Avatar
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    ttpete:

    you are very correct my friend.

    I think it should not matter who is what race or anything. I had originally started to post something else however, i changed my mind as i feel some people, may have gotten mad about how i feel on people always bringing up race.......when your life is on the line, and i know for a fact if mine is. I only see DANGER! not thinking "oh well this "whatever race guy is going to sue me if he lives, or maybe his family." I can only see things, in "Clear and Present Danger" or not!

  4. #18
    Member Array ttpete's Avatar
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    I don't even go into the city of Detroit anymore. There's nothing there for me, and I can't see increasing the chances of being assaulted and having to do something about it. It's just common sense.
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  5. #19
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    I'm not sure if that's admissible

    Quote Originally Posted by Texas Yankee View Post
    ...In another forum, additional information was given that the grand jury was told of the BG's background which included a couple assaults and an assault on a LEO and that there were several witnesses who testified that Mallot should have been in fear of his life and acted in self defense. Given that prosecutors control testimony in grand juries, this prosecutor must have believed that Mallot acted in self defense.

    I'm not sure if I believe that is admissible in court and here's why... (An important point to remember)

    First a couple of disclaimers;
    1) I am not an attorney, nor do I play one on TV.
    2) In court you never know what will be admissible and what won't until you are there.

    Ok, I don't think the quote made by Texas Yankee he read in another forum in reality would be admissible in court.

    404 Exclusionary Rule

    Say you are being charged with murder/manslaughter for a questionable self defense shooting. At least in the eyes of the grand jury. As you prepare for trial, you find out the guy you killed was out on parole after serving time for a manslaughter conviction, multiple forced rapes, assaults with deadly weapons, armed crimminal action and generally being an all around career scumbag.

    According to the 404 Exclusionary Rule and in order to level the playing field, If you did not know that information at the time you shot the guy... The jury doesn't get to know that information either. You can not use that information in your defense!

    Now if the guy you shot was Billy Joe, and you had known him in the past and knew what his crimminal history and prior bad acts were, then you may use that in your defense to boost your belief that you were reasonably in fear of your life.

    I hope this makes sense and Please, if I am mistaken about this, please post and let me know... I don't want to be sharing bad information with people
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  6. #20
    VIP Member Array mcp1810's Avatar
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    Bark'n I am not a lawyer either but have spent a good bit of time teaching part of the law block of instruction to some of my departments rookies. Also, I worked in Maryland, and now reside in Texas. Some things are a little different here. The key thing here as I understand it is that this was a Grand Jury. The accused has no "jeopardy" here. There is only one side of the story told here and that is by the state. The absolute worst thing that will happen to the defendant is the grand jury will vote up a true bill of indictment and he will then have to stand trial. The rules of admissibility do not apply in the grand jury setting. This is why they say any good prosecutor can indict a ham sandwich for murder. After the indictment is handed down that is when the defense attorney will file motions to supress based on the rules of evidence. That is when 404 would kick in.

    Do we have any practicing attorneys on the board that can confirm or correct me on this?

  7. #21
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    Not an attorney at all, but as someone who has served as recorder on two grand juries in the past 6 years I can address the question. The only thing inadmissible to a grand jury is what the grand jury determines is inadmissible. The grand jury can demand that a person answer a question even if answering it would be self-incrimination. Of course the person doesn't have to answer, but the grand jury can use the refusal to answer as grounds to return a true bill. The same question might be out of order in a trial and in all likelihood would not be allowed to be asked.

    The grand jury has extraordinary powers and even if the prosecutor did not bring up the deceased's record a grand jury should have and probably would have asked for it. The grand jury is charged with determining if there is sufficient grounds to bring a person to trial and that is all. It is not their duty to determine guilt or even probable guilt, just if the evidence provides sufficient grounds for a trial.
    George

    Two things are infinite: the universe and human stupidity; and I'm not sure about the universe. Albert Einstein

  8. #22
    VIP Member Array peacefuljeffrey's Avatar
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    Etta Francis said she didn't believe Mallot's claim that he fired out of fear for his own safety.

    "How can you call something 'self-defense' when the other person didn't have a weapon at all?" Francis said.

    She has been in counseling to help her deal with her son's death.

    Uncovered during the investigation, McDaniel said, were complaints about Francis being involved in other bus altercations. On Tuesday she couldn't say if any resulted in criminal convictions.

    Francis also had a Harris County criminal record, with past convictions for charges ranging from assault to drug offenses.
    Oh, so I guess you never heard of someone being beaten to death, eh dear? Never heard of someone losing an eye from a beating, or a number of teeth? I suppose because your miscreant son didn't have a weapon, he couldn't possibly have caused serious harm to Mr. Mallot? And Mr. Mallot should have used his x-ray vision to determine that your miscreant son did not have a weapon in a pocket, or behind his back, right?

    You should have gotten counseling, all right -- on how to raise a kid so that he wouldn't turn out to be a common street thug.


    "He may have had a (criminal) background, but it didn't warrant him to be shot down like a dog," Etta Francis said.

    Heh. We'll just have to agree to disagree on that one, Etta.

  9. #23
    VIP Member Array peacefuljeffrey's Avatar
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    Quote Originally Posted by Curtis27 View Post
    I hate the fact that she is having to bury her son, but his actions are what placed him there.

    I'd hate it if it was a GOOD boy she was burying. But she's burying a common thug. He committed violent crimes. Evidently he did so repeatedly.

    If you're talking about the sorrow for a mother having to bury her son, fine, but let's not forget that this woman had the most important role (unless there actually was a daddy in his life) in making this guy the person he would eventually become. It seems that the verdict is in: she did a crappy job of it. He became a thug, and signed his own ticket.

    It doesn't sadden me in the slightest. The only innocent is his little out-of-wedlock daughter, there, who didn't do anything to make her daddy be a criminal who threatened innocent people.

    Do I sound fed up? That's because yessirree, I AM fed up.
    The more that good citizens whittle away, justifiably and rightously, at the population of scumbag criminals, the better for humanity.

  10. #24
    Senior Member Array mech1369dlw's Avatar
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    And another one's gone,
    And another one's gone,
    Another one bites the dust.
    Hey Hey !!
    I don't know why my dog bit someone on the other side of the street. He usually bites people on this side of the street only. Pass the chlorox, please.
    A person is justified in the use of deadly force, if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

  11. #25
    VIP Member Array TN_Mike's Avatar
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    "How can you call something 'self-defense' when the other person didn't have a weapon at all?" Francis said.
    I can in a sense understand the feeling of the family members but, I am simply tired of hearing these people say things like this when it is evident to nearly everyone else that the person shot and killed was the aggressor.

    The Grand Jury understood Disparity of Force as they should have. The correct decision was made and the family, no matter how much they loved this guy needs to accept that there are many witnesses who saw him, a man much larger than the other, act in a manner that a reasonable person would understand was threatening. The shooter was in fear of his life and acted with appropriate force to keep himself from being killed.

    Another example of what is going very wrong in this country. Just because someone is related to you does not make them a saint. They may very well still be a scum bag.
    ,=====o00o _
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  12. #26
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    Quote Originally Posted by Sig P239 View Post
    I can in a sense understand the feeling of the family members but, I am simply tired of hearing these people say things like this when it is evident to nearly everyone else that the person shot and killed was the aggressor.

    The Grand Jury understood Disparity of Force as they should have. The correct decision was made and the family, no matter how much they loved this guy needs to accept that there are many witnesses who saw him, a man much larger than the other, act in a manner that a reasonable person would understand was threatening. The shooter was in fear of his life and acted with appropriate force to keep himself from being killed.

    Another example of what is going very wrong in this country. Just because someone is related to you does not make them a saint. They may very well still be a scum bag.

    +1
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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