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View Full Version : Cop dies of 40 year old gun shot wound



iMarkVideo
08-22-2007, 04:24 PM
http://www.foxnews.com/story/0,2933,294086,00.html

What are your thoughts? Charge him with murder or leave it alone?

1042 Trooper
08-22-2007, 10:57 PM
Try him, convict him and kill him.

silasblack
08-22-2007, 11:35 PM
im with trooper. it's murder now.

t150vsuptpr
08-22-2007, 11:44 PM
I am reminded of our own Trooper Henry Noel Harmon (http://http://www.vsp.state.va.us/memorial_gallery.shtm) whom I got to meet once, he too was forever crippled up because of a shot to the back of his neck.

As 1042 said,
Try him, convict him and kill him.After all, he hasn't been a paraplegic all these years, he hasn't been limited in his activities beyond the results of his own criminality, he has enjoyed life as well as he wanted to.

High time to ante up.


(ps ... from story ... (http://www.foxnews.com/story/0,2933,294086,00.html)"Lawyers asked about the case said prosecutors would be on solid legal ground to charge Barnes")

mdrdep
08-23-2007, 01:08 AM
In Ca the victim has to die with in a year of the assault to bump the charge up to murder

Shaidon
08-23-2007, 01:22 AM
If they can charge him with it, I say they should. Guys needs to feel justice.

scratched13
08-23-2007, 02:12 AM
Would we have charged him with murder if he died a few weeks after he was shot?????? Yes.

Would we have charged him with murder if evidence didn't link him to the crime as a suspect for this many years and suddenly we realized he did it? Yes.

Charge the scum. Convict the scum. Sentence the scum.

Jellybean400
08-23-2007, 02:18 AM
Yes, they can charge him.

But on the news they are saying word is it would be hard to prove as a "murder" case.

MEA0306
08-23-2007, 11:39 AM
http://www.foxnews.com/story/0,2933,294086,00.html

What are your thoughts? Charge him with murder or leave it alone?

Won't this be argued as double jeopardy?

Was he initially charged with first degree assault?

How likely will a conviction be?

Has the perpetrator lived a productive, crime free life since getting out of prison? That would color the jury and getting a conviction could be tricky.

Just some thoughts...

Columbus
08-23-2007, 03:12 PM
Won't this be argued as double jeopardy?

Well, considering that at the time he was originally charged, the officer was still alive, so he couldn't have been charged with murder then. And double jeopardy only applies to be tried for the SAME crime twice. Therefore, because he wasn't originally tried for homicide, I wouldn't think this would qualify as double jeopardy, and therefore he could be tried for murder now.

AZWannabe
08-23-2007, 10:33 PM
Charge him. Had the officer been killed 40 years ago, this guy would still be in prison.

It is my understanding this officer did not have such an easy go at life after the shooting.

He may be reformed and a nice guy, but he's a cop killer and he needs to pay his debt to society.

Ex Army MP
08-24-2007, 06:33 AM
In most states, the victim has to die within a year. There is no way in hell that they'd ever be able to bring a murder charge against this guy.

eman2k5
08-24-2007, 10:33 AM
He shot the gun. if it takes 50 years to die from it, its still murder.

pulicords
08-24-2007, 03:39 PM
In Ca the victim has to die with in a year of the assault to bump the charge up to murder

I believe under Calfornia (under PC 194) to charge either Murder or Manslaughter, the victim must die within three years and a day. Other states probably address the issue differently, but (IMO) any way you look at it the defendant should have received a stiffer sentence than the 10-20 years he received. The officer ended up in a wheelchair for the rest of his life. The defendant should have ended up in prison for the rest of his.

Jellybean400
09-04-2007, 01:07 PM
The shooter is now in jail, charged with murder.

Because the victim was in a wheelchair all those years, in severe pain, and never fully recovered from his injuries, and also died from an infection related to the injuries, the shooter is being charged.

Bearcat357
09-04-2007, 06:15 PM
Try him, convict him and kill him.

Amen.....

nitromt
09-05-2007, 12:01 AM
Well, considering that at the time he was originally charged, the officer was still alive, so he couldn't have been charged with murder then. And double jeopardy only applies to be tried for the SAME crime twice. Therefore, because he wasn't originally tried for homicide, I wouldn't think this would qualify as double jeopardy, and therefore he could be tried for murder now.



The phrase "double jeopardy" stems from the Fifth Amendment to the U.S. Constitution, specifically the words "twice put in jeopardy." The full clause is "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb." This clause is intended to limit prosecutorial abuse by the government in repeated prosecution for the same offense, as a means of harassment or oppression. It is also in harmony with the common law concept of res judicata, which prevents courts from relitigating issues and claims that have already been the subject of a final judgment.

There are three essential protections included in double jeopardy: protection from being retried for the same crime after an acquittal; protection from retrial after a conviction; and protection from being punished multiple times for the same offense.

This law is occasionally referred to as a legal technicality, because it allows defendants a defense that does not address whether the crime was actually committed. For example, were police to uncover new evidence conclusively proving the guilt of someone previously acquitted, there is little they can do because the defendant may not be tried again (at least, not on the same or substantially similar charge) Fong Foo v. United States, 369 U.S. 141 (1962).

Though the Fifth Amendment initially applied only to the federal government, the Supreme Court has ruled that the double jeopardy clause applies to the states as well, through incorporation by the Fourteenth Amendment (see Benton v. Maryland).

Jeopardy attaches in a jury trial once the jury and alternates are impaneled and sworn in. In a non-jury trial, jeopardy attaches once the first evidence is put on, which occurs when the first witness is sworn.



...from Wikipedia.

My question is does double jeopardy mean you cannot be punished twice for the same 'crime' or same 'offense'?

It would seem this is an uphill battle for the prosecution because they have to first establish that this is NOT double jeopardy and they would have to prove beyond a reasonable doubt (medically) that the bullet shot by the defendant caused the death.

texaschickeee
09-05-2007, 01:43 PM
Try him, convict him and kill him.

Agreed. more thn 100% agreed.

now *hands troop a beer* any mor thoughts?:D

Taylor1430
09-05-2007, 08:35 PM
I learned yesterday that they are going to try him on the murder charge. I wonder how that would affect witnesses, etc. with all of the time that has passed.

And its not double jeopardy. He was not charged with murder or manslaughter originally.