Gun Control & RKBA
Showing Original Post only (View all)Burglar shot and killed while escaping ruled justifiable. [View all]
Back in May, in Walla Walla, WA, at the New York store, a burglar broke into the store at about 2:30 AM, stold some belts and buckles. The noise awaken John Saul, 63, who lived in back of the store. He grabbed his shotgun to check out the noise. The burglar ran from the store with the loot, with Mr. Saul in chase. Once outside the store Saul opened fire on the burglar, Cesar Chavira, 22, at a range of about 120 feet, firing five shots of #4 buckshot. Fifty pellets hit Chavira, who died on the scene.
Even I consider this to be excessive and feel that charges for at least manslaughter would be appropriate. Chavira was, in my opinion, cleary not a threat to Saul.
But the legal system in Washington has ruled in a Coroner's Inquest, 4-2, that the shooting was justifiable.
SNIP
The investigation by sheriff's Det. Sgt. Gary Bolster showed that Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets. Chavira was in the street outside the store when Saul fired.
In a letter stating his decision not to prosecute, Nagle stated the Washington state Legislature and Supreme Court have made it clear that a person should not be charged with murder or manslaughter "when they are defending themselves, their property, or against a felony, unless the prosecution has sufficient evidence to prove the absence of any of the defenses to a jury beyond a reasonable doubt."
SNIP
I just can't see killing someone who is not a threat to me over some belts and buckles.