Posted on 11/22/2013 4:28:20 AM PST by expat1000
William Medina, 24, and Robert DeCarr, 18, were armed and masked when they held up Krick’s Korner Market in Reading, Pa., Monday.
WPVI-TV Channel 6 reports that the robbery happened a little after 2 p.m., and that the two gunmen harassed and pointed their weapons at the terrified employees before making their way to their getaway car, driven by 21-year-old Alexander Garcia-Bialek.
The two men were loaded up with lottery tickets, cigarettes and cash, and as they exited the store, they were approached by an armed bystander who had been watching the robbery. He told them to stay where they were and that he was calling the police. All three drew their guns, and Medina and DeCarr were both shot in the chest. Both men were killed.
(Excerpt) Read more at dailycaller.com ...
[They were nice boys - it's the drugs than made them do bad things, yada, yada]
One shot center mass and two KIAs. Wow. We need to know the caliber and the type ammo. BTW, good shooting pal.
I think it’s a Specter 6.5 X 52
Man of the Year-awesome
my guess would be .357 or 44 but the previous stories on this never indicated only one shot.
Oh, the icing on the cake on this one the getaway driver is charged with murder, so it’s kind of 3-fer.
That’s some good shooting, mister.
Thank you for your service to society.
"The driver of the getaway car is now being charged with second degree murder. According to Berks County District Attorney John Adams, Garcia-Bialek is liable for the deaths of his friends due to transferred intent.'
What the hell is transferred intent ?
And if it is a REAL charge ... we have the precedent to arrest all of Washington.
Don’t you just love a happy ending first thing in the AM?
Play with fire and you get burned, simple as that.
Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actual victim and can be used to satisfy the mens rea element of the crime that the defendant is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes.
DEFINITION FROM NOLO’S PLAIN-ENGLISH LAW DICTIONARY
Intent to commit a criminal or civil wrong against one person that instead harms a different person. In this situation, the intent necessary to convict or find the wrongdoer liable transfers from the intended act to the committed act. For example, someone who intends to shoot and kill one person, but misses and kills a bystander may be convicted of murder; the perpetrator had the necessary criminal intent even though he or she didn't intend to kill the bystander. Definition provided by Nolo’s Plain-English Law Dictionary.
no doubt Jessie and Al will have someone sniffing around the bodies, looking for a way to get some action out of it.
actually the theory is “felony murder”
basically if anyone dies (including the perps) during the commission of a felony the co-conspirators are guilty of felony murder...
IOW, two dudes break into your house at night with only the intent to steal something...you point a gun at them and hold them for the police...one dude has a heart attack and dies
leftover scum can be charged with murder, even though there was no intent to kill anyone
“If you were that concerned, you really should have just called the cops, and let the cops do their job instead of taking it into your own hands and just killing somebody.”
If you were that concerned, you really should have just taught your cousin not to be a vicious, low-life, thug.
If you want to know exactly how dire a situation this country is in, watch the video of the family of the dead guy.
I am not an attorney so I have no idea what transferred intent is but in most jurisdictions if there is a homicide during the commission of a felony, including the death of a perp, others involved in the conspiracy are liable for a charge of murder, usually 2nd degree.
All examples are of a perpetrator doing something that did not hit it's intended target .... NOTHING about the guy along for the ride.
Now this is the kind of gun control we need. Shots fired, perps dead!!
Just think about those two words without attaching any legal definition to them ...
TRANSFERRED INTENT
AKA felony murder. If someone dies during a felony, all the perps are charged with it because of their reckless disregard for human life. In this case, taking two armed thugs to rob a store is clearly a felony and two of the three bad guys died so driver guy is guilty of felony murder.
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