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Old 03-08-2012, 08:51 PM   #1
Erawise

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Default Why isn't this murder?
I assume charges will be pressed eventually. I think they just want to try to get all the facts first since this is likely to be a PR disaster.
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Old 03-08-2012, 09:30 PM   #2
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While I'd like to assume it is, we don't have all the facts and with the kid dead, I doubt we'll ever get all of them.
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Old 03-08-2012, 09:36 PM   #3
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Oh, and we all know why the white guy called 911 and then shot the black kid, right? The only thing that makes a kid walking on the side walk "suspicious" was that he was black.
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Old 03-08-2012, 09:45 PM   #4
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While I'd like to assume it is, we don't have all the facts and with the kid dead, I doubt we'll ever get all of them.
QFT
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Old 03-08-2012, 09:56 PM   #5
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I can't think of any extenuating circumstances that would make it not-murder aside from the dead teen packing heat or waving around a machete or whatever
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Old 03-08-2012, 10:30 PM   #6
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I can't think of any extenuating circumstances that would make it not-murder ...
Seriously? It's a "gated community". Theses things exist to keep the undesirables out. The black kid should have known this and adjusted his behaviour accordingly.

x-post - Mr. Fun understands.
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Old 03-08-2012, 10:55 PM   #7
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Stepmothers... nothing but trouble.
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Old 03-08-2012, 11:00 PM   #8
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I'm fairly certian that the watchman didn't just get out of his car and instantly shoot the kid. However, according to the obviously biased article Al quoted, the only details given about what happened were exactly that.

So, why wasn't he charged with murder? Because more information is needed.
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Old 03-08-2012, 11:20 PM   #9
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To be fair, there are reports that there was a scuffle before the shooting. However, even if this happened, I find a self-defense argument to be hard to make. The shooter called police, was instructed to wait, came out of the safety of his car to confront the youth... the extent of the confrontation was what? Did he attempt to restrain him? In such a case, the youth would be exercising self-defense against the shooter!

I imagine the can of Arizona ice tea in the jacket pocket will be described as a possible handgun.
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Old 03-08-2012, 11:23 PM   #10
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I'm fairly certian that the watchman didn't just get out of his car and instantly shoot the kid. However, according to the obviously biased article Al quoted, the only details given about what happened were exactly that.

So, why wasn't he charged with murder? Because more information is needed.
What could have happened that would justify homicide? I'm assuming that even an incompetent/biased reporter would have mentioned it if the kid was brandishing a machete or whatever.
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Old 03-08-2012, 11:23 PM   #11
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We don't have all the facts. In cases like this, details seem to come out which are initially ignored by sensationalist press stories. It's too early to assume he's guilty of something. Considering Donegeal is actually a cop, I'm inclined to agree with his perspective.
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Old 03-08-2012, 11:29 PM   #12
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We don't have all the facts.
So you're saying I should stop talking the topic so seriously?
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Old 03-08-2012, 11:29 PM   #13
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What could have happened that would justify homicide? I'm assuming that even an incompetent/biased reporter would have mentioned it if the kid was brandishing a machete or whatever.
If the kid had fought him, would that justify it? But even in this case, why would the kid have fought him? The neighborhood watch guy (a 26-year old criminal justice student, reports are saying) almost certainly accosted him... what else could he have done? What was he trying to do to the youth? Make an arrest?
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Old 03-08-2012, 11:31 PM   #14
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If the kid had fought him, would that justify it? But even in this case, why would the kid have fought him? The neighborhood watch guy (a 26-year old criminal justice student, reports are saying) almost certainly accosted him... what was he trying to do to the youth? Make an arrest?
Okay, here's a situation in which the homicide would probably have been justified: the kid breaks into the guy's car and drags him out of it, then starts beating him, possibly using the iced tea bottle as a weapon.

If on the other hand the dude confronted the kid and started a fight, then I hardly think that he'd be justified in shooting the kid when he started to get his ass kicked.
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Old 03-08-2012, 11:35 PM   #15
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I agree that we don't have all of the facts, but what hypothetical facts would justify homicide in this case? Short of the kid actually having a handgun or machete, that is.
What if the kid went for the watchman's weapon? What if he actually managed to get the gun out of the holster during the struggle Al is talking about? What if during the struggle for the gun it went off accidentily? Hell, it could have even been the kids finger that pulled the trigger. We just don't know.
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Old 03-08-2012, 11:38 PM   #16
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I'm willing to entertain wild speculation on the subject. Hypothetically, what could the kid have done that would justify his being shot?
I'll give it a go Loin...

1. Gated community - The kid wasn't known to the security people
2. Security on patrol notices an "unknown" individual
3. Security stops to make inquiries (as they are paid to do)
4. Kid becomes belligerent and aggressive
5. Security doesn't fare well in the tussle and fears for their life
6. Kid gets shot

Did this happen? Haven't a clue, but it is a scenario that could lead to use of force.

My gut tells me something is amiss here but absent more details there isn't really much to talk seriously about.
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Old 03-08-2012, 11:39 PM   #17
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I'll give it a go Loin...

1. Gated community - The kid wasn't known to the security people
2. Security on patrol notices an "unknown" individual
3. Security stops to make inquiries (as they are paid to do)
4. Kid becomes belligerent and aggressive
5. Security doesn't fare well in the tussle and fears for their life
6. Kid gets shot

Did this happen? Haven't a clue, but it is a scenario that could lead to use of force.

My gut tells me something is amiss here but absent more details there isn't really much to talk seriously about.
The problem is that Neighborhood Watch != "Security." A security guard might be authorized/expected to question suspicious people and detain them if they're uncooperative, but being Neighborhood Watch Captain doesn't give you the right to play Amateur Beat Cop.
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Old 03-09-2012, 12:04 AM   #18
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What if the kid went for the watchman's weapon? What if he actually managed to get the gun out of the holster during the struggle Al is talking about? What if during the struggle for the gun it went off accidentily? Hell, it could have even been the kids finger that pulled the trigger. We just don't know.
Why was the watchman confronting the kid in the first place? The guy is not a cop. I can't just walk around my neighborhood insulting people and making citizens' arrests, and then shoot anybody who resists.
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Old 03-09-2012, 12:06 AM   #19
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True enough but even a civilian has a right to walk up to someone and ask them a question.
Maybe, but it's a pretty stupid thing to do after the 911 operator tells you to stay in your car and not escalate the situation.
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Old 03-09-2012, 12:07 AM   #20
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That's actually one of the issues I have with gated community patrols. There is no governing body and each watch/company that provides the watch, has different protocals, policies and procedures. One copany allows it's officers to do x but not y and another is the opposite.
Neighborhood watch captain... no security company involved.

You really ought to read the article. You keep mistaking the facts. I hope you do better on the job
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