Posted on 08/23/2011 5:26:17 AM PDT by marktwain
CHARLESTON, W.Va. -- A Logan County man was killed outside a Walmart store after he allegedly attempted to rob another man with a knife. The would-be victim now faces murder charges after he shot the alleged robber dead.
Shortly before 5 p.m. Monday, David Abbott, 37, of Chapmanville approached a man outside the Walmart store in the Fountain Place shopping center on Corridor G, according to Police Chief E.K. Harper of the Logan City Police Department.
Abbott threatened Jesus Canul, 26, of Logan, with a knife and attempted to rob him, according to Harper.
Sometime during the confrontation, Canul pulled out a firearm and shot Abbott in the head, Harper said.
The confrontation took place right outside the front door of the store, the chief said. Abbott ran into the store after he was shot, and collapsed inside the store, he said.
(Excerpt) Read more at wvgazette.com ...
yes, we have the castle doctrine, but theres some question as to whether or not the robber was running away when he was shot. Either way, I think the victim was clear
I believe that the law should provide considerable leniency in interpretation in favor of the victim. Meaning, if the perp threatens the victim's life, and loses his own in the process, there are very few possibilities for a murder charge.
I'm not excessively heinous here; if the victim draws the gun on the perp, and the perp raises his hands on gets on the ground, and the victim shoots him just because he's pissed, and the terror of the moment has passed, then this is murder. But if the shot happens in the heat of battle, even the the perp had pulled away, then murder is NOT justified.
Whatever the case, WV now has one fewer scumbag running around the streets.
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