Posted on 02/29/2008 9:33:59 AM PST by CedarDave
Gov. Bill Richardson on Thursday tossed the political hot potato of a two-year prison sentence for Marine Elton John Richard II back into the judge's lap— and said he might act if the judge doesn't.
"Governor Richardson is urging the judge in this case to re-evaluate the harsh sentence," said a statement issued late Thursday by Richardson spokesman Gilbert Gallegos. "Should he not take this step, the governor is willing to consider a request for executive clemency," the statement said.
Bernalillo County District Judge Albert "Pat" Murdoch sentenced Richard to two years in state prison last Friday for the Dec. 30, 2004, fatal shooting of Daniel Romero, who was attempting to steal Richard's Ford Bronco from in front of his house. ...
Richard pleaded no contest last October to voluntary manslaughter.
Murdoch said he will not reconsider the sentence. "I worked long and hard on the Elton Richard decision, learned everything I could learn about the facts and the law, and imposed a sentence that is fair under the circumstances," the judge said ...
~~snip~~
The state's self-defense law does not give people the right to chase down and kill a burglar, legal experts have said.
~~snip~~
An intense public outcry yielded over 160 calls and e-mails to the Governor's Office by midweek. Richard, a National Nuclear Security Administration courier with a Q clearance and a gun, left his house armed with a .38 revolver when he heard a noise and went to investigate what he believed was a break-in. Instead, he discovered Romero trying to steal his Bronco.
Richard first tussled with Romero, who held a mallet, in his front yard. He then chased Romero, ordering him to stop. At Paseo del Norte, about a quarter-mile from where Richard lived at the time, Richard fired a single, fatal shot.
(Excerpt) Read more at abqjournal.com ...
I have to agree with the judge here -- I think the prison term is justified. This is in contrast to the Otereo County sheriff's officer who also received jail time after shooting the POS who shot and killed his partner in front of him after also killing a pregnant woman.
Link to that story about the officer killing his partners killer?
I’m hunt it up and get back to you.
In the State of Washington and given these facts, you can do just that if you first tell a fleeing felon to stop or you will shoot. Ironically, a law enforcement officer cannot do the same.
Have to start storing the car in the house.
There is one thing for sure, that guy will never try to steal someone’s car again.
Are you nuts?
One is a heroic veteran.
The other was a scumbag thief who got exactly what he deserved.
The judge should be recalled immediately. Defense of private property is as sacred a right as self-defense.
It figures an authoritarian-statist JBT boot-licker like you would back up the authorities on this one.
...while handcuffed. Not that many couldn't have done the same thing, under the same circumstances. But the prisoner was handcuffed.
I wouldn’t presume to speak for the law or for others, but I personally wouldn’t want to to have to live with having shot someone who was fleeing. If I read this right, the attempted theft was foiled so the thief didn’t have any of the guy’s property. On the other hand, the guy was a victim when the thief came after his stuff.
He’d do time in Texas too. If someone had actually stolen your vehicle (in Texas) AND you were in “fresh pursuit” AND you were reasonable certain you could not later recover you stolen moveable property THEN you could use deadly force.
That's not much of an argument in favor of Richard's position.
The law says you cannot chase after someone and then kill them blocks away from your property.
And the grounds of such a law are pretty rational.
Someone could get into an argument with someone else in a parking lot, shoot them, and then say; "I just chased this guy ten blocks from my house - I saw him casing my place!"
I’ll take the word of a heroic veteran.
The thief didn't wish to be detained; therefore it was OK to shoot him.
That's the way I see it. Self-defense, end to end.
Surprised they had a judge on this case who is unable to think like a crook ~
Then this part of the sentence, left out above because of excerpt limitations, will frost you too (and I disagree with the judge on this):
The judge also ordered Richard to pay Romero's family $500 a month in restitution for five years.
First, shoot the camera.
The judge is mentally unstable. Time to remove him.
Do you think 2 years in prison was enough in the Elton John Richard II case?
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