Spokane motorist witnesses DV, kills suspect

Discussion in 'Legal & Political Archive' started by slimer13, Jul 21, 2015.

  1. slimer13

    slimer13
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    A Spokane jury acquitted Gail Gerlach last year for shooting a car thief in the back of the head as he was driving away so you never know.

    It might be hard for a jury to send a 27 yo Iraq vet with no record to prison for ridding the world of a recidivist scumbag but on the other hand lightning rarely strikes twice.
     
  2. solv3nt

    solv3nt
    Portland
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    There are legally justified circumstances that you can lawfully shoot someone in the back. For example, if you are in your home, and an intruder is going towards your family member, and their back is to you, you are legally justified in shooting them in the back to prevent bodily harm or death. I don't know the circumstances in the car jacking, but if there was a child in the car, one would be legally justified in shooting a fleeing suspect in the back.

    It sounds like the guy was walking away, so the good sumatran is up a creek, unless it can be proven that the scumbag was walking towards a weapon with a perceived intent to return.
     
  3. slimer13

    slimer13
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    I get it but I also get that it's all up to how well your jury sympathizes with you and how well the lawyers express how scared you were.

    Gerlach shot prolific car thief Brendan Graham in the back of the head as he was fleeing in his car that he just stole in his driveway. No baby in the car. The letter of the law said Gerlach was a murderer but the jury clearly valued him over the thief.

    Not saying that's what will happen here, just saying there is a precedent.
     
  4. jbett98

    jbett98
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    Even Perry Mason would have a hard time getting this charge thrown out of court.
     
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  5. soberups

    soberups
    Newberg
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    The only 2 things in the guy's favor are (1) he is an Iraqi war veteran so he might be able to mitigate his behavior with a PTSD claim and get shown some well-deserved grace for having risked his life on behalf of his country, and (2) it happened in Spokane not Seattle or Portland. The closer you get to Idaho, the more conservative and pragmatic the juries are going to tend to be. Our guy basically flushed a turd out of society and unfortunately left behind a skid mark and a bit of a mess which a Spokane jury might just choose to forgive him for.
     
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  6. solv3nt

    solv3nt
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    True, but even an individual without a carry permit, and fled the scene had his murder charges dropped a few years ago. This was the incident where the teen was shot and killed at a Max stop around Oregon city.

    Media made this whole narrative of this sweet teenager that was murdered in cold blood, it turns out him and a few of his scumbag buddies attempted an armed robbery on someone that was illegally carrying concealed. I don't even think the guy got nailed for illegally carrying.
     
  7. jbett98

    jbett98
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    If a cop had shot the guy in the back, he would be on a paid vacation while his union rep got his story straight.
     
  8. Heywood

    Heywood
    Prineville Oregon
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    Is it possible this guy tried to intervene without his pistol and was beat with the bat. The scumbag then grabbed the woman and was pulling her along with the bat in hand just as he was before the intervention. When the "semritain" then grabbed the gun and told the scumbag to stop, was possibly threatened with said bat again before turning with the "lady" in his grasp, so he shot.? Seems a plausible scenario without knowing anything about anyone in this story.
    All that aside. I would let them know I was there and was cling the police, otherwise I wouldn't get involved. She may be just as much of a bubblegumbag as the dead guy. Usually the case.
     
  9. WasrNwarpaint

    WasrNwarpaint
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    shooter was stupid........ but yet, there is one less "Tough Guy" low life wife beater
     
  10. dasparks

    dasparks
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    Story reminds me a little bit of this.

     
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  11. ZA_Survivalist

    ZA_Survivalist
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    I think you should be able to rid the world of grown thieves. The world would be a very polite place.
     
  12. Mark W.

    Mark W.
    Silverton, OR
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    I've showed up at a house at 11:00pm after a call from an Old girl friend and friend of my wife. When she was scared to death her drunk A hole husband was going to start beating on her and after being let into the house I just stood in the corner of the living room while he screamed and ranted about what was I doing there. But like most these POS kind of guys that would knock a woman around he wasn't man enough to touch me. I never said a word to him and only talked to the gal. Stood there for 4 hours that night until he passed out.

    About two weeks later after having had to do this type of thing 3-4 times. A couple buddies of mine and I showed up at 8am one morning after he left for work and in 6 hours had every single thing she owned or wanted out of the house including the lease and we moved her to a secluded little cottage behind the Boys and Girls Club in Salem that could only be found if you drove up an alley.

    She had gotten a mail box and changed all her accounts telling everyone from the electric co to the vet that she was hiding from an abusive husband. She transfered to the Newport hospital for work. And in two years of him looking for her she never got found. I would see him around town once and a while where he would yell threats at me but the POS never had the Balls to cross the street. She met a new guy who treats her as she should be and married him a couple years later.

    Had that POS ever come across that living room at me he would have been very sorry.

    NO tolerance for someone who beats on women. Or in this case Kicks a little dog and threatens to kill a gals cat.
     
  13. Joe13

    Joe13
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    Yea I would step in but that may come back to bite me.

    Even if the prosecution doesn't come from the DA, the wife or the dead husbands family can and will financially ruin you with civil suites if they can.
     
  14. slimer13

    slimer13
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    tac, edslhead, Slobray and 5 others like this.
  15. Nick Burkhardt

    Nick Burkhardt
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    Later on Tuesday afternoon, a jury also found that Bushnell acted in self-defense and will now be re-imbursed for his attorney's fees.

    We need a law like this in Oregon!!!
     
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  16. Nick Burkhardt

    Nick Burkhardt
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    The good Samaritan was put through almost two years of hell because the Prosecutors want people who live here to understand the awesome responsibilities and laws involved if you choose to use deadly force. Wow!
     
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