Posted on 08/26/2009 6:58:00 AM PDT by Red in Blue PA
If there is no doubt this kid was one of the 4 who did this to him and his wife, I wouldn’t convict him if I was on the Jury. Little brat got what he deserved.
You want to send a youth to meet his Maker, probably condemning him to Hell for all eternity, over a wallet?
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You somehow forgot about the kidnapping and 2nd degree assault.
Those don't merit capital punishment either but they certainly merit a reaction and elimination of the threat.
i do believe it was over more than a wallet... he and his wife were violated... duct tape... gunpoint... have you ever had a gun pointed at you during a robbery? i have... it’s not easy to get over... this happened in his home... where he should have been safe...
HAPPY ENDINGS MAKE ME ALL WARM INSIDE.
But, he must have been white. I mean, according to Brinks Home Security, all home invaders are white. /sarc
>>>You want to send a youth to meet his Maker, probably condemning him to Hell for all eternity, over a wallet?<<<
The “youth” didn’t pick the man’s pocket, he held the man and his wife at gunpoint and bound them with duct tape.
I have little doubt Mr. McClure has saved the lives of others by killing the little thug. If a kid is committing that type of violent crime at 15, what will he be doing at 17 or 22? Fortunately, for what would have, little doubt, been a long string of future victims of Marcus Fluker, we will never find out.
This actually raises a very interesting point in the law, and much of the case depends on the details.
Four armed robbers, and just being armed isn’t enough, but that they *threatened murder* may be key in this case, to allow a defense for leaving property and gunning one of them down.
Typically, once a robber has left your property, if you shoot them, then you may still be culpable to a “manslaughter in the heat of anger” argument. That is, it is not premeditated, but it is no longer a castle defense, so the assumption is that you are angry.
However, this can be mitigated if you or a family member are orally “threatened with murder” or other aggravated violence. This is a threat greater than “menacing”, because it includes a “statement of intent.”
(That is, there are four stages to gun use: holstered, brandishing, menacing and firing. Saying that you are going to fire while menacing is different from just pointing your gun at someone, which is typically assumed to be defensive at that point.)
At that point, shooting at them after they left your property may fit in the middle of everything, in what might be called a “defensive pursuit”.
So the big question to ask the shooter would be: “Did he think the threat of murder was still valid after the armed robbers left his home?”
This hinges on what *exactly* the robbers said to him and his wife. If they used a future tense in *any* way, such as “If you call the cops, we will...”, he is as safe as houses.
If they used the present tense, such as “Tell us where the money is or we’ll shoot your wife”, he is still in pretty good stead, though might be nicked for discharging his firearm in an unsafe manner.
But the bottom line is that any sane jury will acquit him on everything, especially in North Carolina. They’ll probably give him a medal.
So the next question is, when they find the other robbers, will *they* be charged with homicide, for the death of their partner, or has enough time and distance elapsed since the robbery, so that he was “on his own.”
A homicide is not necessarily a crime, as many are justifiable.
He was an honors student. He loved his mamma.
When seconds count the police are minutes away!
It is better to either treat a man well, or crush him utterly for he may avenge a small slight, but a more serious injury he cannot. Machiavelli.
The DA’s office is a revolving door in Charlotte/Mecklenburg County. This type of crime is popular.
The old man did the right thing. If the law comes after him it will be harder on him than the repeat perps.
Funny, that there.
If anyone doubts that there is a permanent nihilistist violent 'urban' thug sub-culture in the USA then just google marcus fluker myspace. Five minutes surfing through his world will convince even the weakest bleeding heart that these people are utterly without moral values of any kind, are lost to evil and will kill anyone for a nickel.
Of particular interest to me is the link on the suspect Tahjaue's page to a 'C McClure'. If I were investigating I'd want to talk to this 'C McClure' to find out the connection to the 76 year old and see if the presumably much younger McClure set up his own grandfather.
My comment: The perp is black and my guess is the shooter CL McClure was too
The fact you are making a guess at the racial profile of this crime is proof that you are more than likely correct. Think Sharpteon et al. wouldn’t be beclowning themselves if it were otherwise?
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