The Sorry State of Today's Journalism

[smstonypoint]

I've been following this story as it is local. The shooter's 911 call has been released: 911 call released after reported chainsaw thief shot in head - WBTV 3 News, Weather, Sports, and Traffic for Charlotte, NC.

"I am in pursuit of a vehicle who stole a chainsaw from Beasley Power Equipment," the caller tells the dispatcher.

The store owner's son goes on to tell the dispatcher that he showed the men a gun before firing.

"I did show them my pistol, they still took off in a vehicle. I did shoot the window out. One of them is hit," he can be heard telling the dispatcher.

He then describes the vehicle and the direction they are going. He tells dispatch that he is "about five car lengths behind them."

"Did they present a gun to you... or are you the owner of the store?" the dispatcher asks the caller.

"No," the caller replies, "I'm the owner. I saw them take off, I tried to catch them and they decided they wanted to run. They both saw it."

The DA's decision hasn't been announced.

Steve

 

[texasjohn]

Well, seems that the shooter has admitted he was not in imminent danger...they did not present a gun to him and their vehicle is fleeing, ahead of his, and thus the vehicle itself is retreating, not presenting as a deadly weapon to the shooter.

I looked up the law in SC...

2005-2006 Bill 4301: Protection of Persons and Property Act - South Carolina Legislature Online.....and it says that you can use deadly force under certain circumstances if a violent crime is in progress, including:

"burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B))"

So, unless stealing a chainsaw is burglary in first/second degree and hot pursuit of the perps in speedy retreat continues such burglary definition, I would believe that the use of deadly force while not being threatened with deadly force is not allowed.

Steve, please continue to follow the case and let us know if the DA allows use of deadly force under these circumstances.

 

[smstonypoint]

Well, seems that the shooter has admitted he was not in imminent danger...they did not present a gun to him and their vehicle is fleeing, ahead of his, and thus the vehicle itself is retreating, not presenting as a deadly weapon to the shooter.

I looked up the law in SC...

Steve, please continue to follow the case and let us know if the DA allows use of deadly force under these circumstances.

The shooting took place near my farm in NC. Word is that the shooter had a CCW permit. A friend who has taken the class required to obtain a CCW permit in NC tells me that the reported actions of the shooter are specifically discussed in the CCW class as being illegal.

Steve

 

[fishheadbob]

Yes the thieves are scumbags but last time I checked being a thief is not a capital offense. Even if the shooter isn't charged, and if I were the D.A. I might not charge him, the shooter is probably going to get the daylights sued out of him in a lawsuit brought by a scumbag lawyer, many of whom have no doubt already been to the hospital to talk to the potential goldmine. Heck, if he got shot in the head the D.A. may figure what is to be gained trying the case since the guy might get a slap on the wrist, or might wind up in a nursing home. Head injuries can be bad news. Since the shooter was also breaking some law or another the store's insurance company will try to weasel out of any liability leaving dad's store in much peril. It probably would not take Johnny Cochran to bring home a whopper jury award.

Think before you pull the trigger.

In a sort of related point my nephew just won a Pullitzer prize for journalism. You all saw his photographs of Ferguson Missouri riots, one of which made the front page of the NY Times, Time Magazine, and a zillion newspapers.

 

[dmccarty]

The shooting took place near my farm in NC. Word is that the shooter had a CCW permit. A friend who has taken the class required to obtain a CCW permit in NC tells me that the reported actions of the shooter are specifically discussed in the CCW class as being illegal.

Steve

What he did is almost certainly illegal. The only chance the shooter has at this point is if the shot was fired on the business's property and close to the building. If the shooter escapes prosecution because of the NC Castle Doctrine law, then the shooter could not be sued in civil court.

I wonder if the shooter wishes he had just let them have the chain saw at this point....

Later,
Dan

 

[ovrszd]

I wonder if the shooter wishes he had just let them have the chain saw at this point....

Later,
Dan

Probably. But for societies sake I hope not. The law abiding side of society should rally around him. Hopefully he'll feel that support from 12 of his peers.

The path we are headed down is a dark and sinister path indeed.

 

[texasjohn]

The shooting took place near my farm in NC. Word is that the shooter had a CCW permit. A friend who has taken the class required to obtain a CCW permit in NC tells me that the reported actions of the shooter are specifically discussed in the CCW class as being illegal.

Steve

Thanks, Steve, illegal is my non professional legal assessment also. A CCW permit is not a license to shoot without imminent bodily harm, IMHO.

In Texas, shooting to protect property is in the statutes, but I believe the typical practice is to charge such shootings and let the jury make a decision via the trial process....not a consummation to be desired. At a minimum, it carries huge personal costs, legal costs, time lost, etc....

 

[smstonypoint]

Update

The shooter has been charged with assault with a deadly weapon and shooting into an occupied vehicle. It turns out that the shooting was caught on surveillance video that can be seen here: Employee charged for shooting suspected thief, police say | www.wsoctv.com.

Word at the local barbershop is that the shooter was using a 44-magnum and that the bullet went through the car window, seat headrest, and exited the thief's head through an eye socket.

Steve

 

[texasjohn]

Bet that bullet was well deformed and enlarged by the time it got to the head. Hard to tell, but it might be argued the shooter was afraid the car was going to run him over...dunno....

And, in other inexplicable news, I can't imagine being a fly on the wall as the biker smack down went down in Waco...9 dead, 18 injured, 170+ arrested, all following weeks of incidents, in spite of 22 LEOs, who killed four of the bikers, being immediately outside the restaurant. Well over 100 weapons were involved. There's going to be an amazing police auction in Waco one of these days...Genuine criminal biker gang memorabilia, from bikes to brass knucks, chains and knives...used.

 

[Ken]

Probably. But for societies sake I hope not. The law abiding side of society should rally around him. Hopefully he'll feel that support from 12 of his peers.

The path we are headed down is a dark and sinister path indeed.

Do the Judges, Lawyers or Police respect the law abiding society.?

We except for taxes bring no income to the business of crime.

The groups that "break the law" are known by their first names including the family's. if you never are charged for a crime you are unknown to them.

Stolen items recovered are held and returned only with a iron clad proof they are yours. all else is then sold at a Sherriff auction for their retirement.

As for the reporters . Who listens to them if only the facts are reported.
I have for years wished we had Mark Twain again report the crime news. He could stir the whole town against him for his comments. Truth is suspect in most cases.

A dark and sinister path. What would it take to again have Pride, Respect of others and able to enjoy have possessions with out some one stealing them .

Used to be having a horse stolen deserved hanging in Texas. today the owner gets charged for not taking care of the animal.

ken