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Teen pulling prank killed by neighbor
The Palm Beach Post ^ | Sunday, October 26 | Sarah Eisenhauer and Cynthia Kopkowski

Posted on 10/26/2003 4:41:29 AM PST by lifacs

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Comment #501 Removed by Moderator

To: untwist
Thank you --- best wishes to you, too.
502 posted on 10/28/2003 3:02:12 PM PST by gatex
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To: BenR2
Care to refute me based on the wording of the Second Amendment?

No. But I don't think it applies in this case. Prior to purchase yes, after purchase, no.

Before the 1968 GCA, many states such as mine, CA, did have mandatory safety training for minors, over 12 years and under 18, to receive "Hunter Safety Training" before they could be issued a hunting license. The NRA was the state mandated organization named to provide that training. No one, in those days objected. Least of all, the parents.

What some of you are trying to imply is that there was no gun control before the '68 GCA or the Brady Bill, but there was. We controlled ourselves. We feared our Dad's more than the sheriff. A gun store owner could refuse to sell a firearm and he wouldn't be sued. Now he would be. Now it is the movies and other children that teach children how to, or rather how not to, handle guns. I consider ignorance to be a real "infringement" on my rights.

Among those of us that hunt, the unsafe were shunned and not invited hunting the next year. I don't think it is infringement if the other hunters along the slopes of the Sierra Nevada Mountains are trained in the safe use of a hunting rifle. Quite frankly, it is your duty to yourself and your family, other hunters AND the 2nd. Amendment that you do seek training. I know you'll disagree with that, but two of my hunting partners are now watching this post, over my shoulder on this computer at my office, and are moving their heads in agreement.

I do not believe the 2nd Amendment applies to children, period. To shoot a gun is a privilege afforded to a child by the childs parents. When the child is an adult, 18 or 21, the 2nd Amendment applies. If you have a problem with age, or "Maturity Qualifications", take it up with the Constitution. It sets the age at being able to represent your neighbors in Congress at 25yrs and your state in the Senate at 30yrs. Oh, and since "Everyone can grow up to be President", any Natural citizen cannot do that until they are at least 35 years old. Is that "infringement"? I don't think so, I think it is the wisdom of the Founding Fathers.

Do you also support state-mandated potty training?

For you, personally? Yes!

503 posted on 10/28/2003 3:31:36 PM PST by elbucko
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To: ArneFufkin
What a lovely world you bunker monkeys live in

You're obviously unaware of the large numbers of home invasions, murders, robberies, and rapes that are iniated by a knock at the door.

A prudent man or woman would not only be prepared for such scenarios, but prepared to prevail should they occur.

Likewise, a prudent man or woman would extend common-sense courtesies to others when at their door. This includes hands out of pockets, and standing several feet back from the door.

Crowding the door, or pretending (cognizantly or not) to have a hidden object, is asking for trouble.

504 posted on 10/28/2003 5:35:33 PM PST by Mulder (Fight the future)
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To: elbucko
Quite frankly, it is your duty to yourself and your family, other hunters AND the 2nd. Amendment that you do seek training. I know you'll disagree with that, but two of my hunting partners are now watching this post, over my shoulder on this computer at my office, and are moving their heads in agreement.

//////////////////////////

Perhaps you should also investigate LITERACY training? In the VERY post to which you were responding with this gross distortion of my view of gun-safety training, I had already posted the following for ALL to see:

Training is not an infringement -- and no one I know ever said it was, so your post is inaccurate at best.

In fact, training is our friend.

However, MANY of us say (and correctly, so) that state-mandated training requirements are an infringement.

505 posted on 10/28/2003 9:12:18 PM PST by BenR2 ((John 3:16: Still True Today.))
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To: Smokin' Joe
You wrote:

"Sorry about the rant, I just needed to say that.

If us ol' geezers want to push that pendulum back, it is time to start befriending and mentoring the younger generation, not viewing them with unwarranted derision and suspicion."

--------------------------------------------------------

Nice rant....

Can't say that I disagree with much of anything you said.....

Best FRegards,

506 posted on 11/02/2003 8:25:40 AM PST by Osage Orange (Why does John McCain always grin like a mule eating cockleburs?)
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To: muawiyah
Unless there is some sort of legal curfew in place the law allows folks to walk up and ring your doorbell any time they please.

But there are laws against harassment.

BTW, a wall which minors like to climb could end up being an "attractive nuisance" and become a liability. Check into that. Anyone who has had a child climb their motorcycle unbidden should be familiar with the term.

What I fail to understand in all this is why the guy didn't arm himself with something really good like a Streetsweeper. You pop a round into the chamber on that sucker and they'll stand up at attention and await your next command.

The Streetsweeper was classified as a "destructive device" under BATF rules when Lloyd Bentsen was Secretary of the Treasury (which ran BATF until recently). It more closely resembles an oversized revolver, with a 'wheel' type magazine, than any conventional shotgun. Loading the firearm is innocuous enough, operating it is, by all accounts a definite attention-getter. It was designed to put a lot of lead pellets either in the air at a mass of rioters, or better, to skip those shot off of the pavement into the advancing mob, usually trying to hit them in the legs. Rate of fire is fast enough to sweep from one side of an urban street to the other before the mob has advanced very far, hence the name "Streetsweeper". Facing only a couple of riot patrol police with these would generally give a mob second thoughts. To my knowledge, the weapon is South African in origin.

If you mean the distinctive noise a pump shotgun makes when racking the slide, that might be a deterrent--as might be the distinctive sound of a semi-automatic pistol slide going into battery--or if Law Enforcement came calling (wrong address-no knock warrant) you just might get yourself killed.

It appears you would bet all your chips on passive defense items, which is your right. Maybe walls, signs, and locked gates are appropriate where you live.

Criminals, Mad Dogs, children, and lunatics are notoriously bad at reading signs and following directions.

Walls and high fences are not appropriate where I live, and can create a hazard in winter. I have the means to defend myself when needed. My wife can do so as well, without the need to hide behind walls other than those of our home. To date, we have not had to kill anyone (nor have we done so).

Often, a pistol bullet is survivable, depending on placement and the type of bullet used. A shotgun at close range is devastating.

Your posts seem antagonistic toward using firearms for defense. Not everyone can afford walls, locked gates and private security.

In the case of this event, there may well have been an inappropriate use of a firearm--with tragic results. The courts will have to sort this out. They can get the facts and act appropriately.

In literally millions more instances each year, firearms are used in self defense, more often than not without requiring a shot to be fired. The mere presence of the firearm in the hands of the potential victim is sufficient deterrent.

507 posted on 11/02/2003 3:30:24 PM PST by Smokin' Joe
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To: Smokin' Joe
And, of course, you mean that the kid, if he'd had his own firearm, would probably be alive today.
508 posted on 11/02/2003 3:34:47 PM PST by muawiyah
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To: muawiyah
Please show me how you came up with that inference.

Review my posts. You will find that I have repeatedly stated that the person who did the shooting may well have been in the wrong, but that we do not have the full picture.

Apparently, the local Law Enforcement folks did not see the need to arrest the shooter or file charges at the time, which says there was at least some significant question in their minds about whether the shooting was unjustified.

It seems you would hold all firearms owners responsible for this event.

If a drunk runs over someone's 5 year-old at three AM, would you blame all drinkers? all drivers? or would you wonder what the 5-year-old was doing in the street at 3 AM?

Whatever extenuating circumstances are involved, the simple fact remains, the kid would be alive today if the kid hadn't been screwing around the guy's house at all.

509 posted on 11/02/2003 4:14:10 PM PST by Smokin' Joe
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To: Smokin' Joe
You're the guy who suggested "victims" might be well served with their own firearms.

Inasmuch as I am a hardcore defender of the Second Amendment, I am not sure where you are coming from.

Have you heard my use of the First, Second and Third as a demonstration that the Founders looked to French history as their rationale for the Bill of Rights? Taken together those three amendments even support the idea that the Founders were desirous of protecting America as a "Protestant", not just "Christian" nation.

510 posted on 11/02/2003 4:29:59 PM PST by muawiyah
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To: muawiyah
You're the guy who suggested "victims" might be well served with their own firearms.

In the interest of clearing up some misconception, I'd like you to cite the post where I said that.

As for defending the Second Amendment, show me where I have not.

As for 'victims', I see firearms as a means of preventing one from joining their ranks. While that does not stop good, honest, people from becoming victims through the criminal use of firearms, it does level the playing field somewhat. If this six foot, two hundred pound 'child' was harassing or even terrorizing someone, then he placed himself in harm's way. While I cannot argue (in absence of the facts) that the punishment is in any way appropriate for the crime, the fact remains that if the 'child' had not been there, he would not have been killed.

Certain legal constraints have been applied to the use of deadly force, at a minimum, these should be observed. Consider them Rules of Engagement.

As others have pointed out (and I agree), just because the legal parameters are met, there is not necessarily sufficient moral cause to use lethal force. Beyond the legalities, moral or other issues may apply, depending on the individuals involved.

This in no way abrogates the Right to Keep and Bear Arms, merely urges the responsible use of those arms.

As for Christianty being a founding force in the formation of this nation, the fact is pretty obvious when one considers that several colonies were founded to escape religious persecution, by Catholic and Protestant denominations alike. The Magna Carta and English (pre- and post-Anglican)Common Law were definite factors in the attitude of the Founders toward individual rights, even though those rights were not conferred on everyone equally.

511 posted on 11/02/2003 5:12:28 PM PST by Smokin' Joe
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To: Smokin' Joe
Your post #507 contains this paragraph: "In literally millions more instances each year, firearms are used in self defense, more often than not without requiring a shot to be fired. The mere presence of the firearm in the hands of the potential victim is sufficient deterrent."

You might not consider the "kid" a "potential victim", although he was (because it's quite clear he became a "victim"). If he'd had a firearm, as you suggest, would that have prevented his assailant from firing on him?

In a few days we will hear more about this case.

512 posted on 11/02/2003 5:20:56 PM PST by muawiyah
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To: Smokin' Joe
http://ap.tbo.com/ap/florida/MGASJGPNJMD.html

We didn't have to wait a few days. Here's the article about the coroner reporting, FUR SHUR, that the kid was SHOT IN THE BACK.

Whole 'nuther story. Guy's going to have to prove some stuff he's not likely to be able to prove.

God have mercy on his soul.

513 posted on 11/02/2003 5:48:51 PM PST by muawiyah
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To: muawiyah
Having a firearm is no guarantee that someone would not shoot at you, but can serve as a deterrent to murder or mayhem. A firearm is not some majic shield, just a tool to defend your self and others.

Like any other tool, it can be abused or used for evil purposes in the wrong hands. People have been killed with hammers, wrenches, ice picks, even a leg of mutton (and that before it was cooked).

Anyone who claims to be a supporter of the 2nd Amendment should not need this spelled out for them.

In North Dakota, where I live, anyone engaged in criminal activity loses their ability to claim victimhood if they suffer injury in the process, by State Law. I am not familliar with Florida law.

We do not know (nor will we from the article posted) whether this was a lone incident, or just one more in a string of harassment. We do not know if the homeowner had other reasons to fear for his life, death threats, etc. which were unrelated to the kid. As far as victimhood goes, the fact remains that if the kid had not been screwing around on the guy's doorstep, he would have not been shot. That appears to be the first in a series of bad decisions which led to his death. Actions have consequences.

Now, before you twist that, I am not defending either party in this case. It appears, especially in view of your second post, that both were wrong, just one has paid more heavily for it at this point. What consequences they will have for the homeowner remain in the hands of the courts, but at the least, he can expect to lose everything he has unless he can mount an impressive defense.

Regardless of the actions of the persons involved, I still strongly believe that being armed is the first and best defense against the violent criminal element, and I will continue to embrace that responsibility.

514 posted on 11/02/2003 9:04:57 PM PST by Smokin' Joe
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To: muawiyah
We didn't have to wait a few days. Here's the article about the coroner reporting, FUR SHUR, that the kid was SHOT IN THE BACK.

From the article:

"A 16-year-old boy killed during a seemingly innocent late-night prank was shot in the back, according to emergency room records.

Please note, that this is not an autopsy (Coroner's report), but is more in the form of a press release by the attorney for the family, who has stated intent to file a wrongful death suit.

Also from the article: Levin has not been charged in the shooting. His attorney, Bo Hitchcock, did not immediately return a phone message Sunday. Mike Edmondson, spokesman for Palm Beach County State Attorney Barry Krischer, declined to comment on the hospital report.

While I'm content to wait and see what the coroner says, but I am also willing to admit it'd be really hard to mix up entry and exit wounds.

If this is the case, and the guy back-shot him, Guy's going to have to prove some stuff he's not likely to be able to prove. and God have mercy on his soul. are two statements I sure can't argue with.

515 posted on 11/02/2003 9:18:56 PM PST by Smokin' Joe
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To: Smokin' Joe; longtermmemmory; HamiltonJay; Clemenza; CobaltBlue; Frunabulax; gatex; Nov3; ...
The plot thickens. Mr. Levin, who was arrested week before last, has now hired Roy Black to defend him. I guess when Roy is done helping Rush, he can focus on this case, which I think is going to be a bit tougher than clearing the Maha Rushie. The story tells at the end that Mark ran and "collapsed a few hundred feet away in front of another home" in the neighborhood. Mr. Levin's problem and why he will now be paying Roy Black is how he will explain this "self-defense" when it appears he chased Mark and shot him in the back as he ran away from Levin's property. Doesn't sound like a guy in fear for his life. If Levin is to buy his way out of this one, and that's a big IF, Roy Black don't come cheap. Notice Roy Black's spin on Levin's behalf: horrible tragedy for young man and Jay.., didn't intentionally mean to kill somebody. It's awfully hard and expensive to try to explain away shooting somebody in the back and killing them with your deadly exploding bullet when they're running away. Story below:

Boca man charged in prankster's death pleads innocent

Sun-Sentinel
Posted November 24 2003, 2:31 PM EST

WEST PALM BEACH -- A Boca Raton man pleaded innocent Monday to charges that he fatally shot a teenager who was playing a midnight prank at his home.

Jay Steven Levin, a 40-year-old accountant, appeared in court with celebrity attorney Roy Black, best known for successfully defending William Kennedy Smith on a rape charge here in Palm Beach County and as an NBC commentator.

Levin, who is under house arrest, is charged with manslaughter with a firearm in the death of 16-year-old Mark Drewes. He could be sentenced to probation or up to 30 years in prison if convicted.

"This was a horrible tragedy for the young man involved, and for Jay,'' Black said outside of court, minutes after the brief hearing.

Drewes and a friend were knocking on neighbors' doors and running away about midnight Oct. 24 when Levin said he mistook the 6-foot-2 teen for a burglar and "thought he saw something in Drewes' hand,'' according to sheriff's reports. Levin answered the knock on his door armed with a handgun and shot the teen in the back. He then called 911 and told a dispatcher he had just shot "an intruder.''

Black said Levin saw a "menacing figure,'' who appeared to have a gun himself.

"This is not a situation where he deliberately intended to kill someone,'' Black said. "He was defending his home. Today in South Florida we're well aware of all the home invasions, burglaries and robberies.''

Drewes' parents had urged neighbors in their middle-class community to press State Attorney Barry Krischer to charge Levin with second-degree murder for killing their son, particularly since the teen was shot in the back.

Drewes ran from Levin's home and collapsed a few hundred feet away in front of another home in the neighborhood. He died at a hospital hours later from a single gunshot wound.

Prosecutor Al Johnson would not comment on the case.

516 posted on 11/24/2003 2:28:19 PM PST by untwist
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To: untwist
Something still doesn't work here. If the game was 'knock and run' Levin should never have seen them. He had to get up, get his gun, go to the door, open it.....etc. If he pursued the 'prankster' and shot him, that smells really bad, but how did this 40+ guy do the above and catch up to these kids?

In his straits, I'd get the best lawyer money can buy, too.

It is up the courts, now.

517 posted on 11/25/2003 2:20:44 AM PST by Smokin' Joe
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To: Smokin' Joe
The ballistics will tell the story regarding the distance he shot from. He didn't have to catch up to the kid. The prosecutor looked at this for 3 weeks before pressing the manslaughter with weapon charge, not murder. This seems to be the right fit for the crime. Levin had another attorney who supposedly got a guy acquitted on a similar situation. Apparently after they looked at the case, I'm sure Mr. Levin looked at the mess he's in and decided to mortgage his and probably his parents' belongings to get Roy Black and try to beat this. From the local news today this may is shaping up to be a big case.

What is interesting is that this is not a big-money neighborhood where this happened. How can he afford one of the most expensive lawyers in the country?
518 posted on 11/25/2003 5:20:35 AM PST by untwist
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To: untwist
Most folks I know who are rich don't live as if they are rich. Oh, they drive a nice vehicle, but nothing exotic, live in a nice home, but not a mansion, etc. you don't have money if you spent it.

Ballistics probably won't tell much, per se, but wound channel angle might, powder burns (if present), location of the bullet either inside or outside of the body (if recovered and if a through and through wound with little or no deflection off of skeletal elements).

Blood and tissue distribution in the grass/on the sidewalk, etc. from an exit wound could provide the location at the time of the shooting, and to some degree the angle of the shot. (Warm climate, wait a day and watch for flies--they'll locate the meaty bits.)

Anyway, Levin's world, and life is on the line here. He's going to figure if he stays out of prison, he can relocate and work to pay the bills, whatever they are.

I have to believe that the prosecutor selected charges which have some likelyhood of producing a conviction or which they deem appropriate to the offense. Mitigating circumstances might include an unrelated death threat or other factors we will not read about in the papers. Keep in mind that most newspapers are owned by media outlets which are anti-gun and which are perfectly willing to hang any CCW permit holder (even though he probably didn't need a permit in his home), just to further the 'Dodge City' myth.

519 posted on 11/25/2003 6:32:32 AM PST by Smokin' Joe (You gotta dig a lot deeper than the fables they sold you in High School.)
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To: NoControllingLegalAuthority
The home owner should be charged with something. He was wrong by shooting the boy in the back.

I own a bodyshop. At 11:30 pm one night, I heard a knocking at my front door. I jumped out of bed and grabbed a small .22 handgun. I answered the door. There was a black man standing there. The first thing he tried to do, was take a step into my house. I showed him my gun, and he was startled and stepped back. To make a long story short, it was a man I had given an estimate to , 2 weeks prior to this. He wanted to talk about fixing his car.

I told him to leave and find someone else to repair his car. No way I wanted to work on a guys car that would pull a stunt like this.

520 posted on 11/25/2003 6:57:31 AM PST by auggy (http://home.bellsouth.net/p/PWP-DownhomeKY /// Check out My USA Photo album & Fat Files)
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