This is a discussion on Grand Jury refused to indict! within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; source: http://www.inrich.com/cva/ric/news.a...1-05-0203.html Richmond, VA No charges in ice cream store shooting "An ice cream parlor manager who pursued and fatally shot a man who robbed ...
No charges in ice cream store shooting
"An ice cream parlor manager who pursued and fatally shot a man who robbed his store Sept. 6 will not stand trial.
A Richmond grand jury today declined to indict 21-year-old David Fielding in connection with the shooting of Jerome Davis at the Baskin Robbins ice cream store in the 6900 block of Forest Hill Avenue in South Richmond.
Fielding, 21, a VCU art student, fired 11 shots at Davis, who had entered the store waving a weapon and demanded money. Two of the shots struck Davis, 43, one of them in the back, fatally wounding him.
The Richmond Commonwealth's Attorney's office this morning presented evidence for a charge of reckless discharge of a firearm. The five-member panel could have indicted Fielding on either a felony or misdemeanor category of the offense, but instead returned no true bill. At least four grand jurors most vote for indictment for a true bill to be returned.
Commonwealth's Attorney Michael N. Herring said he thought the panel might indict on the misdemeanor reckless discharge offense, which entails discharging a weapon in a public place.
But Herring said he believed the panel must have considered the position Fielding was in when he fired upon Davis, even as the suspect fled with less than $100 in cash and coins.
"I think they believed Mr. Fielding's state of mind was such that he reasonably feared his life would be in danger," Herring said.
"When the adrenaline is pumping and you're scared, you weigh fear differently than when you're behind your desk," he added.
Still, the prosecutor said he had no regrets about presenting the case."
Lex et Libertas — Semper Vigilo, Fortis, Paratus, et Fidelis!
"Not only do the people who put their lives on the line to protect the rest of us deserve better, we all deserve better than to have our own security undermined by those who undermine law enforcement." -Thomas Sowell
LOL this is a somewhat hidden vote from the prosecutors office . Any good Attny could indite a ham sandwitch if they chose to . The Grand Jury is totally a forum for the prosecution . Anytime you see a " NO BILL " from a grand jury what you see is a prosecuting attny without the balls to say " He Did Right " on his own , but he feels that way . If they say " grand jury " what they mean is i think the shooter did right , but i want citizens good and true to back me up , i wont refuse to prosecute on my own . IMHO TX is bad on this issue , but laws are different from state to state , and other than CO i am most familiar with tx .
Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
We only begin to understand folks after we stop and think .
Criminals are looking for victims, not opponents.
Well, sure--HE'S not the one who would stand exposed to going to JAIL for DEFENDING HIMSELF AGAINST AN ARMED ROBBER!Still, the prosecutor said he had no regrets about presenting the case."
Kinda makes you wish that jerk prosecutor would get a gun stuck in HIS face by a robber--and that he's not carrying a defensive weapon of his own at the time!
Here's a follow-up story on the shooting.
Shooter's father says his son isn't to blame
Tuesday, Nov 06, 2007 - 12:09 AM
Charles Fielding remembers the night he got the phone call from his son, David.
There had been a robbery at the Baskin-Robbins on Forest Hill Avenue, where the 21-year-old was working as a shift manager.
"Are you all right?" his father asked.
"No," came the tearful reply. "I had to kill a man tonight."
The dead man was Jerome Davis, 43, a career criminal who entered waving a weapon and demanding cash.
Fearing for his life and those of a co-worker and a customer, Fielding drew his 9 mm handgun. He fired 11 shots at the fleeing robber and fatally wounded him.
Yesterday, a grand jury declined to indict Fielding in the shooting. But his father said the pain, trauma and tragedy of that evening may never be over.
"I just wish [Davis] had not gone down there to rob that store," said Charles Fielding, 57.
"Had it not been for a premeditated decision, he'd still be here," he added.
The father said the weeks after the Sept. 6 shooting have been hard on his son, a VCU art student and classical pianist who could play Beethoven at 11.
"We're going to try and move forward," he said, adding that the memories of that night "are always going to be there. There's nothing you can do to change that."
One thing Charles Fielding won't do is second-guess his son's decision that evening to shoot at Davis.
"Unless someone has been there in something like this, there's no way in the world you can understand," he said. "What would you do? It's a hard question.
"I thank almighty God that when he called me that night in tears that I did not have to identify his body."
********* The last sentence says it all ************
Yeah for citizen Fielding.
With any luck lessons from his situation will though be recognized, learned, and remembered by us and others.
I sort of have to side with the way the prosecutor handled this. If the shell cases had not been found outside the building it probably would have made a great deal of difference in how the incident looked. However with far more cases found outside than in the prosecutor was correct in asking for a grand jury decision as to with a felony or misdemeanor charge should be brought. As it was the grand jury returned a "No Bill" probably in response to the community raising a major stink about all the robberies in the area and this was a career criminal. I suspect if a third party had been hit the GJ would have made a very different decision. Which might have very easily been the case since it seems there was a couple who took their young daughter and went driving around to see where the shooting was.
Don't always assume just because the PA has presented a case to the GJ it means he is anti-self-defense or even anti-gun. It just means something has happened to raise questions about the shooting having gone far passed being self-defense. In this case the GG was lucky, the next time, heaven forbid, he might not be so lucky; either getting himself killed or injured or doing the same to an innocent bystander.
Luckily in this case all that happened was a career BG had his career permanently ended and, hopefully, the GG realizes he needs much more practice in tactics and learning when not to shoot.
Agreed on all points Hoyt.
The AG did his job as he is supposed to and the GJ did their job too and in the end the citizen gets to walk.
The law is the law and it must be followed by all whether we involved citizens be of good intent, or not.
Good for the grand jury,
I agree with RR though if the DA wanted an indictment he could have gotten one.
A real man loves his wife, and places his family as the most important thing in life. Nothing has brought me more peace and content in life than simply being a good husband and father.
Fielding is lucky he is not living in the PRC or he'd be toast.