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"financial desperation" shooting!

Discussion in 'Legal & Political Archive' started by twoclones, Sep 1, 2010.

  1. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Pasco shooting suspect plans to claim self-defense
    By Paula Horton, Herald staff writer

    Defense attorneys for a Kennewick man accused of gunning down a Pasco couple say they intend to put on a self-defense case.

    Kevin Holt said he still believes Ramon Garcia-Morales is incompetent and questions whether statements his client made after his arrest were legal.

    Garcia-Morales, 30, is charged in Franklin County Superior Court with first-degree murder and attempted first-degree murder.

    Garcia-Morales and his younger brother, Jose, are accused of killing Alfredo Garcia, 42, and seriously wounding his wife, Maria Ramirez de Garcia, 38, on Dec. 10, 2008.

    Pasco police detectives say before Garcia-Morales shot the couple, he confronted them out of "financial desperation" because he felt he had been shut out of work in the fields and was owed money.

    Earlier this month, Judge Vic VanderSchoor ruled that Garcia-Morales was competent to stand trial and set a Sept. 13 trial date.

    Holt has said his client doesn't interact with defense attorneys, sits silently looking at the ground and can't help prepare his defense. But VanderSchoor sided with a state psychologist from Eastern State Hospital who said Garcia-Morales was pretending to be incompetent to avoid standing trial.

    VanderSchoor said Tuesday that he was considering moving the trial to Sept. 15, but Holt said he needs even more time.

    "There's absolutely no way I can be ready for this case on the 15th," Holt said.

    Prosecutor Steve Lowe didn't object to continuing the trial, which is expected to take up to three weeks.

    Trial now is set for Oct. 4.

    Lowe said many of his witnesses are law enforcement officers from Idaho, where Garcia-Morales and his brother were arrested. Prosecutors have a list of about 30 witnesses, and about 20 are from Idaho, he said.

    Lowe also told VanderSchoor that he will be amending the charges against Garcia-Morales at the pretrial hearing with the possibility of adding firearm enhancements to the charges. Firearm enhancements carry mandatory prison terms that are added to a defendant's sentence.

    After VanderSchoor set the new trial date, he asked Holt if anything else was needed.

    "I'd just like a competent client, your honor," Holt said. "Can you help me out with that?"
    ~~~

    Pasco shooting suspect plans to claim self-defense - Mid-Columbia News | Tri-City Herald : Mid-Columbia news
     
  2. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    Aside from converting a weapon to full auto or adding a supressor, what are other examples of "firearm enhancements" which might carry a mandatory prison term?
     
  3. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Illegal SBR?
     
  4. The Quiet Man

    The Quiet Man rural Washington County, Oregon Active Member

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    How about "enhanced charges" based on the fact that a firearm was involved?
     
  5. 2506

    2506 Seattle Well-Known Member

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    Weapons Enhancements
    In 1995, the State of Washington passed a law to discourage the use of weapons in the commission of a criminal act. An assault, robbery or drug deal can quickly turn fatal when guns are involved. Known by the catchphrase "Hard Time for Armed Crime," the law takes a very hard line on gun crimes.

    It increases the penalty for the underlying offense.
    The weapons enhancement is flat time — no reduction for good behavior.
    The enhancement is consecutive time — tacked on the end of any other sentence.
    For a Class C felony, the enhancement is 6 months for the use of a deadly weapon or 18 months for the use of a firearm. For a Class B felony, it's 1 year or 3 years, and for a Class A felony 2 years or 5 years. Nearly anything can be considered a deadly weapon: I have had cases involving knives, a baseball bat, a golf club and even a vehicle.
     
  6. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    So it has nothing to do with the weapon being 'enhanced.' That makes more sense than an out of work migrant worker making illegal enhancements to his gun...
     
  7. Redcap

    Redcap Lewis County, WA Well-Known Member

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    That is r.etarded...
     
  8. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Well, uh, murder in this case. :p

    Not sure why this thread has branched from "financial desperation" as a cause for self defense to NFA laws? :huh:
     
  9. twoclones

    twoclones Tri-Cities, WA Well-Known Member

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    My fault. I asked what 'firearm enhancement' meant. That seemed more interesting to me than the financial desperation defense. :laugh:
     
  10. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    Next thing you know "sexual frustration" will be a defensible argument in a rape case. :(
     
  11. Tonysfester

    Tonysfester WA New Member

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    Then necrophiliacs will roam the earth to live and prosper.