Bad - Shooter arrested for killing man breaking into his car

This is a discussion on Bad - Shooter arrested for killing man breaking into his car within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by Janq Murder by definition is to take a human life. To take a life without malice or prejudice is a secondary degree ...

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Thread: Bad - Shooter arrested for killing man breaking into his car

  1. #46
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Janq View Post
    Murder by definition is to take a human life.
    To take a life without malice or prejudice is a secondary degree form of murder, which is defined as the taking of a human life.
    Homicide sounds better than 'murder' but effectively they mean the same thing.





    - Janq

    I am not meaning to nit pick on this I just want to make sure of what you're saying. I was allway told that homicide is the taking of human life. Murder is a homicide that is considered illegal.

    If I kill someone in selfdefence its homicide but not murder in the jurisdiction i reside in. Homicide is not necessarily illegal. When the state enforces the death penalty it is homicide. It is not murder under the law. This was the way I had it explained to me.

    Michael.

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  3. #47
    Member Array abandonhope's Avatar
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    He hasn't been indicted yet, just arrested. The last couple of "BG gets shot dead failing to do right in a do right zone" in Richmond, the grand jury has refused to indict. One of those (the baskin-robbins incident, for the folks who followed it) was at best a questionable justifiable homicide as the BR clerk chased the BG out of the store to shoot him.

    We'll see with this fella..

  4. #48
    Ex Member Array JOHNSMITH's Avatar
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    I don't think its as simple as him just trying to break into a car. Those are pretty serious charges against the shooter. I agree, many details are missing.

  5. #49
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    I don't blame the shooter, that's a bad area, a lot of drug shootings.

  6. #50
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by mlr1m View Post
    I am not meaning to nit pick on this...
    A very good and relevant point.

    It all depends very much on the state laws as they are written where the taking of a human life occurs.

    As this occurred in VA the laws and view is as I'd stated.
    The laws in TX and wherever else may and do vary.

    Do not assume all things are same everywhere as they might be in your own or some other state, by law.
    My statement as you bolded and statements overall in that post were to be taken as relevant singularly to the state of Virginia where this incident involving taking of human life occurred....which by state definition is deemed to be "murder".

    - Janq
    Last edited by Janq; April 24th, 2009 at 08:36 PM.
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing

  7. #51
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    Quote Originally Posted by archer51 View Post
    Even then you have a "duty to retreat".
    Source, please?

    Where do you find statute or case law on "duty to retreat"?

    Quote Originally Posted by archer51 View Post
    Not having a Castle Doctrine here in VA sucks.
    Agree!
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  8. #52
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    My eyes are dry, if you choose a life of crime, things don't always go well now do they.


    Z
    An ounce of lead is worth 200lbs of cop.

  9. #53
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    Case to Grand Jury

    Would-Be Robber Shot Dead - Case to Grand Jury - CBS 6 - WTVR, Richmond Va -

    Would-Be Robber Shot Dead - Case to Grand Jury

    The case of a local college student, charged with gunning down a would-be thief in Union Hill is going before the grand jury.

    Eric Driver attended his preliminary hearing Thursday morning, asking for his second degree murder charge to be reduced. A judge denied it and forwarded it to the grand jury.

    Driver is accused of gunning down a man, in April, who he says was breaking into his girlfriend's car, parked outside her apartment.

    According to a witness who testified Thursday, Driver fired six shots and chased the suspect down the sidewalk. Prosecutors say the victim, Jamal Holman, was hit three times and later died.

    Police say Driver told them Holman had a gun. Investigators told the judge they searched the area extensively and even drained the sewers but never found a weapon. The grand jury is expected to return an indictment July 6.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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