L.A. Man Shoots Car Thief, Charged with Murder

Yahoo News ^ | 4-8-04

[Technoman]

Yoon Ho Song could face 50 years to life in prison if he is convicted of the first degree murder of Mario Sandoval Martinez and a special allegation of using a handgun, a spokeswoman for the Los Angeles County District Attorney's Office said.

Prosecutors say Song came out of his house to find two car thieves pushing his customized Honda out of his driveway in the predawn hours on Monday and opened fire, hitting Martinez, 25, in the back. The second suspect got away.

"The fact that your car is being stolen isn't a legal justification for killing somebody," Deputy District Attorney Frank Somes said. "Generally, you're not allowed to kill people unless they are committing a violent felony or you are acting in self defense."

Somes said police initially focused on Song as a crime victim but "essentially began questioning whether he was the victim or a suspect when they learned the person stealing the car had been shot in the back."

An attorney for Song, who was expected to make his first court appearance in the case as early as Wednesday, could not be reached for comment.

[Technoman]

Was Mario Sandoval Martinez here legally? Police departments in California have for years refused to enforce immigration laws -- thumbing their bureaucratic noses at the public. The enforcement community in L.A. are instead more interested in prosecuting a citizen in for protecting his property.

People of L.A. -- if you feel safer with Yoon Ho Song spending the next 50 years in jail, congratulate the police for a terrific job! If you are outraged by this injustice as I, one must conclude that the real criminals in this case are each and every employee of the Los Angeles County District Attorney's Office.

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[bigpete_53]

There are times when living in California is an embarrassment for me. There are other times when I am proud to live in this state - times like when I look at the donor board for Free Republic. This state may be a little nuts, but at least we're trying to take it back!

[millefleur]

dittos Technoman

[journey7873]

I applaud Mr. Yoon Ho Song.

[Enterprise]

I hope the jury "nullifies" this case.

[BipolarBob]

Yoom Ho Song wouldn't have to worry if I were on the jury. The Dems use legislation thtough the courts, I use jury nullification.

[zip]

"The fact that your car is being stolen isn't a legal justification for killing somebody,

This is Kalifornicator so the victim is required to go out to the crooks/thugs/druggies and give them the keys and a credit card to get gas. I can't believe he didn't know that. </sarcasm off>

Now to the serious part - I truely feel the victim had every right to terminate one more criminal. I was a victim of home robbery and lost guns etc. I would have shot the perp on the spot because the law WILL NOT do anything to them. My perp has a 5 year SIS, and 2 year SIS, credit card theft and use so he spent 30 days in jail, was jailed on theft over 2500 from a store in the mall, released without bond and is walking the streets. So don't tell me that the law works. My friends S and W will protect me not the law.

[RonF]

I believe that this is consistent with the law in all 50 states. You can only use deadly force to protect your life or the lives of others. You cannot use deadly force to protect or preserve your property. I don't think that you can blame this on "California"; it would be the same anywhere.

[sheik yerbouty]

"No good deed goes unpunished".

[RonF]

Then you, without your friends S&W, will end up in jail. I certainly sympathize with you and share your outrage! But regardless of what state you live in, you're going to have to make the case that you had reason to feel that your life was in danger in order to legally use deadly force. This is not unique to California.

[TheDon]

I think I've read of some states where you can use deadly force to protect property.

[boris]

I don't know the details but Murder 1 seems excessive.

Seems like a classic 'heat of passion' case but it seems difficult to claim it was 'premeditated'.

Also one could claim mitigating circumstances: this apparently occurred on HIS property and the 'victim' was in the act of committing a felony.

Boris is no lawyer. Counsellors?

--Boris

[Migraine]

This really torques my tamales.

[BlazingArizona]

There are times when living in California is an embarrassment for me.

Fortunately, you won't have to go far. In Arizona, all elected officials are subject to recall. A prosecutor who tried to convict a victim of murder in this manner would be out of a job FAST.

[BlazingArizona]

You cannot use deadly force to protect or preserve your property

Around here it's called 'saving the taxpayers some money'.

[ElkGroveDan]

Mr. Song forgot to mention the part where the perp yelled something at him in Spanish. Something that could have meant "I've got a gun and I'll shoot you if you don't get lost..." Clearly, not knowing the language, Mr. Song was fearing for his life.