Re: Self Defense? or Overkill? Pharmacist Convicted of Murder 1st!

[oldkat69]

 ???This is a follow up on the 2009 thread where a pharmacist shot and killed on of two daring daylight robbers in Oklahoma City.

Read the WSJ article and let us know what you think.
 
http://online.wsj.com/article/SB10001424052702303654804576347891729253696.html?mod=googlenews_wsj

Here is the link to the DRTV forum thread from when it happened.

http://www.downrange.tv/forum/index.php?topic=6959.0

I used to be opened minded but my brain kept falling out

[tombogan03884]

In the original thread I posted that it was overkill, and the Pharmacist deserved jail .
I stand by that now.
Basic rule of legal SD is shoot till the threat is gone, running after the armed robber indicates he thought the unarmed headshot robber was no longer a threat, same with walking past him to go get another gun.
If the assailant is down and no longer a threat you don't put 5 more into his head .
At least not on camera. What did he THINK would happen ?

[oldkat69]

I was afraid the pharmacist was in trouble when is saw the video and he popped the thug on the floor after he chased the other one outside of the store. "I didn't look legal". That being said if I was the governor of Oklahoma I sure would think long and hard about a pardon or commutation of the sentence before my term expired. I am a pretty big fan of jury nullification these days too.

Commenter's note: Once upon a time there were VERY few felony crimes in the Republic - real murder, kidnapping (because it almost always resulted in the death of the victim), treason (aid and comfort to the the enemies of the Republic), rape and arson (you guessed it because they almost always resulted in the death of the victims) and last but not least first degree burglary and robbery (which are stealing from your home when you are in it and stealing from you while threating you with a weapon).

Pharmacy Robbery was not a special offense like it is here in Missouri. Common Law judges did not require an end of session press release proclaiming they were tough on crime by making something illegal that was already illegal to get re-elected.

Yes I did; yes I got a tee shirt.  It said:
Juris Optime Perite

Bring enough gun.

Visit our forum when you have time for Missouri News.  http://www.missouricarry.com/forums/

[TAB]

I'm not shocked.

[fightingquaker13]

You would have hoped they would have pled him to manslaughter due to extenuating circumstances. But maybe they offered and he rolled the dice with the jury. It is sad though. He's not an evil guy, just a dumb one who made a bad call. But how many prison cells are filled with people who could be described the same way?
FQ13 

[Sponsor]

[Pathfinder]

Murder 1 seems harsh. Not a whole lot of time to "pre-meditate", still heat of the moment. Bad call, but just add it to the already humongously long list of bad prosecutorial and judicial calls we've seen in our lifetimes.