No charges in Royal Palm Beach fatal shooting that took place after attempted motorcycle theft

[ProgressiveProfessor]

ROYAL PALM BEACH, Fla. - A 19-year-old with a criminal history is dead after police say he was shot while trying to steal a motorcycle.

The man who pulled the trigger won't be charged by sheriff's deputies.

It all started at 4:00 a.m. Thursday morning when police say the owner of the motorcycle heard them, grabbed his rifle and opened fire.
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Police said the man who fired his gun does not feel like a hero, but instead feels a range of emotions because someone lost a life.

They are protecting his identity for fear of retribution from the suspects still on the loose.

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More at: http://www.wptv.com/dpp/news/region_c_palm_beach_county/royal_palm_beach/no-charges-in-royal-palm-beach-fatal-shooting-that-took-place-after-attempted-motorcycle-theft

Several interesting points here
- Article discusses how the change in the laws impacted this event
- FL has a felony murder rule. If they find the other thieves, they can be charged with the death
- Shooter's reaction is mixed (No chest thumping)
- Fear of retribution (real IME)

Having had the opportunity to do something similar, I chose not to, using other means to insure the perp had a very bad day. Then again, I did not believe I had a weapon aimed at me either.

[petronius]

1. I'm not suggesting he should be named, but doesn't "protecting his identity" seem

a little silly considering the accomplices already know where he lives?

[Remmah2]

2. The reporter didn't catch his name the first time.

Just making up excuses to cover his butt.

[DissedByBush]

3. I love the felony murder rule n/t

[ManiacJoe]

5. So do I, but it seems misapplied here.

Benjy is not dead because "Jim" and "Fred" tried to steal the bike. Benjy is dead because Benjy tried to steal the bike.

I realize that I am in the minority when it comes to applying the felony murder rule on criminals when a criminal is killed....

[DissedByBush]

7. A person is dead

He was part of the crime that got that person killed, so he shares responsibility for his death.

I'm even for it if an old lady has a heart attack during a bank robbery, and the person getting nailed is the driver.

I don't go for first degree murder in these cases, maybe second or third degree since the killing wasn't premeditated.

[ManiacJoe]

8. Your old lady example is the correct application.

Old_lady_A is dead because criminal_B committed a crime.

In the case of the OP, criminal_A is dead because criminal_A committed a crime. This is no one else to blame for this. If criminal_A had not been committing the crime, criminal_A would still be alive.

I have no problem with the idea that when criminal_A kills guard_B while criminals C and D are emptying the cash draws then criminals C and D share in the blame for the death of the non-criminal. However, this is not the case at hand.

[AtheistCrusader]

9. It still gets applied to Criminal_B and Criminal_C

even if Criminal_A is the only fatality.

One would think that sort of law would give people pause to think... but as my bail officer buddy used to say, 'we don't get 'em because they're smart'.

[spin]

4. It might be wise if you live in Florida to not go around stealing things...

but if that is your profession just remember that if an armed homeowner catches you in the act of stealing his stuff, DO NOT make any threatening moves. DO EXACTLY what he instructs you to do and BE POLITE.

[burf]

6. What the hell was Lil' Benjy

doing out on the street? According to reports cited in the OP, he had pled guilty to murder in 2010.

The press also identified the shooter in the video at link in OP.

[SteveW]

11. Yeah, these guys were stinking of rob, rape & murder. nt

[burf]

14. In a follow up to the original story,

it seems as though Benjy had decided to make being a criminal an occupation.

According to court records, Young was out probation until 2016. Earlier this year, he pleaded guilty to one count of attempted murder while wearing a mask, four counts of shooting into a building and six counts of delinquent in possession of a firearm.

The plea was in response to a grand jury indicting him July 2010, along with Ontavious Moore and Augustus Fontaine, in the attempted murders of 17-year-old Bernard Jones, and Marvin Crowley, Jr. and Tavaris Fox, both 15.

In June 2010, West Palm Beach Police came to 1216 Seventh St. in West Palm Beach around 3:30 p.m. to find Crowley shot several times in the chest and once in the leg, and Fox shot in the foot. Officers also learned Jones had been shot in the knee and had fled, according to a police report.

Witnesses at the time reported seeing a black Jeep Liberty with at least three men inside.

snip

Florida Department of Law Enforcement records show that since 2007 Young was arrested on charges that include of aggravated assault, robbery, fleeing and eluding police, vehicle theft, and possession of burglary tools.

The outcome to those cases are not available, as he was a juvenile at the time of the arrests.

[Nuclear Unicorn]

19. Good grief!

An arm's length violent criminal record. Incarceratig him would have been the merciful thing to do. It seems as if he was fated to die violently by the way he conducted his life.

[SteveW]

10. I would not have shot this violent felon...

Maybe a round over the head, probably not even that.

That said, I support "stand-your-ground" laws as the burden of proof now falls on suspected felons to prove that the would-be victim is to be blamed for some crime, not as it was before these laws. Sloppy surgery, but an improvement over the victim double-down laws.

I support felony murder laws as well. The courts can or should be the place to determine the severity of the punishment, which the felons can appeal, if they so choose.

[Lurks Often]

12. Warning shots are ALWAYS a bad idea

Legally you can be held responsible for any round fired from the gun. So if that warning shot hits an innocent bystander you can be prosecuted and sued.
Also you are either justified in using lethal force or you are not (the threshold varied from state to state depending the their respective laws), so if that warning shot ends up hitting your assailant and lethal force was not legally justified, you can be prosecuted either for aggravated assault (or its equivalent) or attempted murder

[SteveW]

16. Agreed, but I think a verbal warning might be in order. nt

[Lurks Often]

18. If circumstances ALLOW, certainly a verbal warning

is a good idea.

[ProgressiveProfessor]

13. Warning shots can be taken as a sign of ineptitude

Which is amusing since most thugs are lousy shots and ineffective gunman

[SteveW]

15. Yeah, best not to shoot.

[ProgressiveProfessor]

17. Best to shoot when required

And when you do, hit your target