DGU: Long Beach CA

[Provincial]

To prosecute the shooter:
Cost of investigation.
Cost of prosecution.
Cost of public defender. (probably)
Cost of incarceration of 80-year old man.
Cost of medical care of 80-year old man when in prison.

If he pleads guilty to manslaughter, plea-bargain to house arrest for one year, no access to firearms. Government pays for housing in a senior living development. Pennies vs. the dollars spent on conventional sentence.

 

[Jamie6.5]

Double murder charge? Not sure how Cali works - if she was pregnant and he executed her, he's facing at least one murder rap - two if Cali treats fetus as people like some states do. Shouldn't have shot her after she was down.

In terms of the pregnancy, it's only a "fetus" if a Dr. is performing an abortion.
In this case, the DA will refer to it as an "unborn baby" or "unborn child" thereby de-humanizing the shooter, bring him closer to "monster with a gun" status.

Thus resulting in a second murder charge.

It's what they do.

 

[PiratePast40]

There was another discussion on a similar event not too long ago. Someone, don't remember who, was arguing that it may be legally justifiable to shoot someone who is fleeing. Even shoot them in the back if you think they may pose a threat to you or others in the very near future. To an 80 year old man, who has just been beaten up by these people, still in fear for his life, and has adrenalin pumping, there may be some justification.

I think there should be quite a bit of consideration for his state of mind. If he has been robbed before, and is being tortured by the thought of physical harm and yet another break in, perhaps his mind told him that ending the threat was the only way to stop the torture.

 

[Redcap]

Good shoot.

 

[soberups]

A good attorney will paint him to the jury as a scared, senile old man whose actions to defend himself were initially legal. Maybe he got hit in the head, maybe he was confused, maybe the fear and adrenaline got to him. I would think that there are enough mitigating circumstances to keep this from being a murder charge. There isn't going to be much P.R. value for the District Attorney in trying to throw the book at an 80 year old crime victim, in my humble opinion he will wind up pleading out to a lesser charge spend the rest of his days in a secure care facility with his guns taken away and his assets going to the family of the pregnant woman.

 

[Sstrand]

Most important question: Is the Prosecutor up for re-election this fall . . .
EVERYTHING else is unimportant!!

Sheldon

 

[coop44]

I'm not seeing murder here, MAYBE animal cruelty. His biggest mistake is saying anything other than "lawyer" repeatedly and often.

Melvin Belli said to me, "You can shoot some one and kill them in a room crowded with witnesses, as long as you don't say anything, I can get you off."

 

[Certaindeaf]

Maybe he ate a Twinkie.. case closed.
I just scream "I'm Jesus!" when I'm getting shot at.. works every time!