I live probably within 30 miles of the shooting. Let me tell you I've watched the video, I've read the DA's comments, I've read and heard those of the pharmacist. The amount of time elapsed from when the two robbers entered the pharmacy and the time the suspect was shot again is 45 or 46 seconds. Think about it. There is not enough time for pre-meditation in 45 seconds. He was panicked out of his mind as evidenced by the video which shows him chasing the first robber out of the store. That in itself show he was not thinking (nor would I have under those circumstances). Reasoning would tell you there may be an accomplice waiting outside the store to blow you away. Proof he was totally panicked. After he comes back in from chasing the first robber out, he does come back in in a state of panic and unloads on him. The DA did say he thought the suspect would have recovered from that head wound. Now if the DA makes that assessment from looking at someones who's been shot in the head I would think the wound would not have to be that bad for the DA to say that. Now here's the really ironic part........the DA says he thinks the pharmacist should be charged with first degree murder but he asks the judge to let the pharmacist continue to carry a gun. I do agree with the DA's request although I think he's wrong to charge the pharmacist. The judge did not allow the pharmacist to carry his gun while on bail. I thought he was innocent until proven guilty. He has a conceal and carry permit. Why is he being denied his 2nd amendment rights when he hasn't even had a trial? But he is back at work and the pahrmacy has hired security, This entire episode is so sad. But you know what's really sad. One of the grown suspects (there are 2) is a close acquaintance of the mother of the boy that was shot. That mother needs to be charged. Is it OK to bring convicted ex-cons into your life so that your son can learn from them? Terribly Terribly sad.
You make a lot of good points. But you lost me toward the end:
Quote:
But you know what's really sad. One of the grown suspects (there are 2) is a close acquaintance of the mother of the boy that was shot. That mother needs to be charged. Is it OK to bring convicted ex-cons into your life so that your son can learn from them?
Not sure what you mean. Can you clarify?
__________________
Hebrews 13:23 Know ye that our brother Timothy is set at liberty
There are 2 men, one in his 30's and the other in his 40's and a 14 year old boy who all allegedy conspired to hold up the pharmacy (as well as the gunman who was killed). All three of the survivors are also charged with first degree murder of the gunman as well as the pharmacist being charged. One of the adult males was closely associated (boyfriend or whatever) with the mother of the slain gunman. My point is the mother should be charged here. Why should a mother who brings a ex-con into her life for her son to run with not be held accountable? That was my point.
I think it's all so easy to be a Monday morning quarterback here and say ....well I would have done this or not done that. Let me ask you. Have you ever had your life as well as 2 other employees threatened at gunpoint? You really don't know what you would do.
I think it's all so easy to be a Monday morning quarterback here and say ....well I would have done this or not done that. Let me ask you. Have you ever had your life as well as 2 other employees threatened at gunpoint? You really don't know what you would do.
Very true. It's going to be a tough case. I wouldn't want to be on that jury.
__________________
Hebrews 13:23 Know ye that our brother Timothy is set at liberty
If a cop had done this, they would hang him. I have been there, I did not pull the trigger. The adreneline was high. If I had pulled the trigger I would have been justified according to the police and DA. But I also realized I did not have to in order to survive and the person I was facing was not already laying on the ground with a bullet wound in his head.
The pharmacist was dead wrong. Maybe not intentionally, but wrong none the less. Just because you can get a CC permit does not mean you are mentally capable of handling a situation when it comes time to use it. Our community voted this right to carry into law based on the trust that those who applied for it could handle the responsibility. If in your "adrenaline high" you can't control yourself anymore than to shoot a man already down 5 more times, you dont need to be carrying. If a cop can not handle that "high" he loses his badge and most of time is charged with Manslaughter. This should be no different. If you want the responsibility of defending yourself with deadly force, then you must be willing to accept the consequences if you misuse that force. Same with a drivers license, if you do something stupid and kill someone, you will usually at least get involuntary manslaughter.
People like this pharmacist make the it really hard for those who can handle the responsibility to keep having this right to bear arms. I agree with the judge, he has proven he can not handle the "high" so he should not be allowed to carry. Accused child molestors are not allowed around children while on bail, this is no different.
If the "high" did not get to him or the Veteran flashbacks but he actually reacted exactly as he intended, then Murder should be the charge. If he acted based on the "high" or flashbacks then Involuntary Manslaughter/1 to 5 yrs will be plenty. Of course if thats the case, could he not get off on temporary insanity ? Hmm, but then that would be admitting guilt.
__________________ You can't reach the world with your talents. People are sick and tired of religious talents. People need a Holy Ghost annointed church with real fruits to reach out and touch their lives. ~ Pastor Burrell Crabtree
In fact I think that the insinuation of "hateful" Pentecostals is coming mostly from the fertile imaginations of bitter, backslidden ex Apostolics who are constantly trying to find a way to justify their actions. ~ strait shooter
DA David Prater said that he thought the gunman would recover from the wound to the head. Now think about that for a second. He is making that assesment from looking at the guy (or a picture). Now if I look at someone who has been shot in the head and say I think the guy would recover from that, don't you think it would have to be either super ficial or at least easy to see it's not serious. Most times when a person is shot in the head you can't make that assessment. So if the DA makes that assessment do you think the pharmacist could see that as well.