Posted on 08/15/2012 4:29:54 PM PDT by RC one
A store owner who killed a man during a break-in will not be charged in the shooting, Walla Walla County Prosecutor Jim Nagle said Monday.
The investigation by sheriff's Det. Sgt. Gary Bolster showed that Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets. Chavira was in the street outside the store when Saul fired.
In a letter stating his decision not to prosecute, Nagle stated the Washington state Legislature and Supreme Court have made it clear that a person should not be charged with murder or manslaughter "when they are defending themselves, their property, or against a felony, unless the prosecution has sufficient evidence to prove the absence of any of the defenses to a jury beyond a reasonable doubt."
Chavira's family intends to sue Saul, according to the family's attorney Michelle Trombley.
(Excerpt) Read more at sfgate.com ...
In a situation like that, one should memorize an 11-word script: “I was in fear for my life so I defended myself.”
If an armed perpetrator was running away from me and toward my daughter's bedroom, I would empty my gun into his back as fast as I could. If he was still standing, I would reload and shoot some more.
Just because a person shows you his back does not mean that he is surrendering, that he has given up attacking you, or that he is no longer a danger to you.
Aw jeez, you are right!
I would never shoot anyone in the back, especially if they were carrying my stuff! The 10mm tends to overpenetrate.
That is a whole different scenario, my FRiend.
And a 10mm is deadly, in a bad way.
Just think to yourself that he wasn't "fleeing"....just on the way to the next intended victim.
Not to pick nits but that comment alone sounds like a guilty person.
I used to think the same thing until I watched this video of a law professor and a police officer teaching a class that pleading the Fifth is nothing to be ashamed of. He gives examples of how innocent people can and do get themselves in trouble.
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