Would not the people in the car be charged with the baby's death?
This is a discussion on Baby in getaway car shot by victim after robbery of guns/beating within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; While generally I agree that shooting a freeing suspect is bad juju, when they're making off with guns, I think that mitigates the situation a ...
While generally I agree that shooting a freeing suspect is bad juju, when they're making off with guns, I think that mitigates the situation a bit. Very bad that a baby got killed, though.
Robbery Victim's Family Say They're "Sorry" Baby Died in Shooting - KFSM
A one-year-old baby who was shot Saturday during a robbery in Roland has died.
Elaine Keene passed away Monday at 9:45 a.m. at Arkansas Children's Hospital in Little Rock according to Sequoyah County Sheriff Ron Lockhart. The Sheriff's Department is preparing documents to have the girl's body sent to the medical examiners office in Tulsa for an autopsy.
Meanwhile, two people are in custody in connection with the robbery Saturday afternoon. 19-year-old Michael Clemente of Fort Smith turned himself in to authorities on Sunday, while Fort Smith Police arrested a 17-year-old male Monday afternoon.
Sheriff Ron Lockhart said the two of them broke into a home north of Roland and attacked 21-year-old Devin Jeremiah, stealing guns, cash and other items in the process.
Devin's grandfather, Sidney Jeremiah, said on Monday that his grandson was so injured when help got to him, he could barely speak.
"He had two teeth knocked out, jaw or nose cracked or both, he was pretty well mangled up," he said. It's a wonder they didn't killed him, with the damage that was done."
"He said (Clemente) was choking him, and he was blacking out," said Devin's aunt, Bobbie Freedey, "and I asked him how did you get him off of you? And he said I had to, because I knew if I didn't I was going to die."
When his two attackers tried to flee, Jeremiah was recovered enough to fire several shots at their car with a .22 rifle. Lockhart said the car's driver was a Fort Smith woman, and her one-year-old daughter, Keene, was in the back seat. Keene was struck by at least one of the bullets that hit the car, and Lockhart said the people in the car headed to Sparks Hospital in Fort Smith. The suspects reportedly threw out the stolen items as they went.
"We recovered several things, some guns and cash and other items," said Lockhart.
Police met the car at the hospital and took the suspects in for questioning, while Keene was life-flighted to the hospital in Little Rock, where she later died from her injuries.
Now, Jeremiah's family are worried that he may face criminal charges after narrowly surviving the attack and robbery.
"I know he'd been worried about the little girl, and been praying for her," said Freedey. "You know it hasn't even hit him, it hasn't hit any of us about what's happened."
"We're sorry for everything that happened, but these kids will have to be punished," said Sidney Jeremiah. "I don't think my grandson should be punished, he's already been punished just for living."
Prosecutors have the case file, and could decide whether additional charges should be filed in the next few days.
Copyright © 2010, KFSM-TV
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Would not the people in the car be charged with the baby's death?
YOU are the weapon, your firearm is just a tool!
I feel bad for the baby, but the mother shouldn't of had the baby with her if she was driving a get away vehicle for criminals. All of us here know how this should be handled, but we also know that shooting at fleeing suspects is frowned upon.
In many states, the people committing the felony are responsible for all injury to all persons during the commission of said felony. I've heard a few cases of one armed robber being charged with some form of murder or manslaughter when their partner is killed during the robbery.
However, I have a feeling this victim will probably be charged with something related to shooting when his life was no longer in danger. Whether or not he's convicted is a different matter, but I do think he'll be charged.
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While I agree it is a terrible shame that the baby was killed, I also think that the Mother should be tried for Murder.
The real shame here is that she had the child to begin with. A person that takes her baby on a crime spree really doesn't deserve to have children in the first place.
I also feel sorry for the victum. He was badly injured and obviously not thinking clearly when he fired at the fleeing car. He will probably face charges, but hopefully he will get a suspended sentence. Does anyone know if a temporay insanity plea has ever been tried in such a case?
That is very sad for the baby. I agree the mother should take the punishment for the death of her child because being a mother THEY should not of been there. I do however think the guy (Mr. Jeremiah) will be charged.
When life gives you lemons, Open a lemonaid buisness.
As for the victim of this crime, the guy was just beaten within an inch of his life in his own home. I can't see how he would have had any idea that there was a baby in the car. I can see how he would be afraid the criminals would return later for round two. If I were to sit on his jury I would find more than enough reasonable doubt in favor of this robbery victim, given the facts from the article.
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Should he be prosecuted, I volunteer to be on the jury.
Seems to me that anyone beat to within an inch of his life and fearing for a return of the attackers should be excused from shooting at the known assailants.
It is about time that prosecutos take the position that the offenders are the only ones liable for any unanticipated tragedies that accompany their crimes.
Enough already with the political correctness. The victim did not set out to shoot anyone prior to being attacked by these dirt bags.
Both adults in that car; Driver/mother and Clemente should be charged under the Felony Murder rule.
As well the third person who is a minor should be actively charged by the prosecutor as an adult.
Arizona supports and has a Felony Murder statute on the books, and it has been tested to include death penalty.
The victim did act improperly in firing upon the car after the attack broke off which generally is unlawful and almost always results in no positive result....under Tison v. Arizona, 481 U.S. 137 (1987), the death penalty may be imposed on someone who was a major participant in the underlying felony and acted with reckless indifference to human life.
Source - Felony murder and the death penalty - Wikipedia, the free encyclopedia
But in this specific case if I were a juror toward this case I would not choose to issues a vote of guilty for any of his actions and the resulting reaction (killing of the baby) as based on the information currently known.
But (!) it had better not turn up that the victim was a known drug dealer or some such as was in the active process of doing business to which this was a drug buy gone bad. If so then my view and vote would change, and he too _the victim_ would be by my vote included in felony manslaughter charges.
If you watch the video you'll see that this took place in a very rural setting and the driveway was real long. The Reporters said the victim and his father were avid hunters so he knew his area. It could be he knew that there is nothing across the road from his home to worry about hitting. The Bullitt holes are in the side of the car. So I doubt he would have been far away from the car when he fired. And being as it was night, he could have been very hard pressed to see through the tinted windows of the getaway car.
I think the three Felons should face charges of Felony Murder Not the Victim. And I would vote for Capital Punishment for all three. We don't need these people on this planet anymore.
Stupid BG’s bring along a baby to a Felony Robbery. WHAT were they thinking???????????
the BG's took guns also, so I would argue that his life was still in danger.
I want to be one of the twelve.
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