December 17th, 2009 07:43 PM
Suffolk (VA) cemetery shooting that left man dead ruled justifiable
Suffolk cemetery shooting that left man dead ruled justifiable | HamptonRoads.com | PilotOnline.com
A man who wounded one and killed another in an October shooting in a Suffolk cemetery acted in self-defense and won't be prosecuted, the commonwealth's attorney has ruled.
Police had charged Chad Andrew Kinney with second-degree murder, use of a firearm, malicious wounding and shooting from an occupied vehicle in the Oct. 17 incident. According to the commonwealth's attorney findings released in a letter to Suffolk Police today, Kinney "reasonably feared he was at risk of imminent death or severe injury."
According to an analysis of the case, Kinney was on his way to a home near Eclipse Drive around 9 p.m. when a truck began pursuing him. Kinney attempted to flee by turning into a cemetery, but the truck blocked him in.
Two men in the truck, Glen Bauwens and Dennis Bailey, got out and began yelling and cursing at Kinney, the analysis said. Then Kinney said he saw the driver's side window explode from what he thought was a gunshot and fired a .40 caliber semi-automatic handgun through both the driver's side and passenger window.
"Bauwens was under the influence of both alcohol and cocaine and Bailey was extremely intoxicated," the report said. Both Bailey and Bauwens were shot. Bailey survived; Bauwens died of a gunshot wound to the abdomen on the way to the hospital.
Commonwealth's Attorney C. Phillips Ferguson said that the shooting was justifiable. "Kinney was confronted with a rapidly evolving situation where he was alone while being attacked by two strangers in a dark graveyard."
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December 17th, 2009 08:24 PM
At first, I thought he tried to escape and was trapped. Good shoot.
Then I thought, why not stay on the road until a well lit location or police station. If it were me, the last thing I would do is turn into a cemetery trap at night. Then, I realized the dead and injured had not exited their vehicle. The shooter shot the driver through the driver's side window and the passenger through the passenger's side window.
I wasn't there. Those involved are the only ones that know what happened.
December 17th, 2009 09:25 PM
Tough call, especially from the armchair position, but it does look kinda odd.
But in his defense, the two perps were drunk and coked up, so I'm sure that amped up their behavior, possibly to the point of pandemonium, so maybe the reaction from the shooter was justifiable. I'm just sayin'
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December 20th, 2009 10:33 AM
Here is what the Daily Press wrote up on the story....
Tell me which you feel was reported better...
Suffolk - An Isle of Wight County man will not be prosecuted for shooting a man to death in a "road rage" confrontation, because prosecutors in Suffolk have determined that he acted in self-defense.
Chad Andrew Kinney, 36, of Carrollton, was arrested Oct. 17 after he fatally shot Glenn Bauwens, 42, and shot and injured another man in a confrontation at the entrance to a cemetery on Eclipse Drive in Suffolk. Both shooting victims were unarmed, and Kinney shot them from inside his vehicle.
On Thursday morning, Commonwealth's Attorney C. Phillip Ferguson issued his report dismissing all charges against Kinney. After studying the police report on the incident, Ferguson noted that Kinney attempted to avoid a confrontation, but that Bauwen and Bailey used their vehicle to block him in and then approached his vehicle and broke out a window to come after him. Kinney shot them with a .40-caliber Glock semiautomatic handgun, for which he had a valid concealed-carry permit.
In his report, Ferguson said Kinney immediately reported the incident to police and cooperated fully with the investigation. The forensic toxicology report showed Bauwens had high levels of both alcohol and cocaine in his system at the time of his death. The police report showed Bailey to be intoxicated.
December 20th, 2009 10:45 AM
High stress and under 'attack'.........with the limited info and from the safty of my armchair it sounds like a good shoot.
I agree he should've stayed on the road, but not being there I can't objectivly judge the actions taken.
Two drunk and drug crazed idiots forcing a fight after an attempt to escape/evade the situation..........
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December 20th, 2009 11:44 AM
December 20th, 2009 12:07 PM
That's what the drunk and doped up monkeys get for trapping the guy in and not being smart enough to change their own fate by letting the guy go.
"He that hath no sword, let him sell his garment, and buy one." – Luke 22:36
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