Tag Archives: Manslaughter

The “Retreat Doctrine” in New York is an invitation to home invaders

Queens DA (demorat) Richard Brown

Proggies love to criminalize self defense.

Reported by Sean Strockyj for NY Post: There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for ¬ defending themselves and their loved ones.

Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.

Expecting a pizza delivery, Paul’s brother, Michael, 16, went to the door and discovered Shauvo trying to break in. Michael forced Shauvo to the surrounding area, and his mother called for help. Joel, adrenaline likely surging through his veins, answered the call — and brought a bat and knife to the confrontation.

By the time it was all over, Shauvo received the ultimate lesson in picking the wrong house. He died at Jamaica Hospital after being clubbed and stabbed. The confrontation had all the indications of a break-in gone wrong for the wanted man, and as one high-ranking police source told The Post, the response was justifiable.

Both brothers avoided arrest and remained home after the incident. But months later, Queens DA Richard Brown submitted the case to a grand jury, bringing ruin upon Joel, who has been charged with manslaughter.

A ham sandwich, as the saying goes, can be indicted in grand-jury proceedings completely overseen by prosecutors. But prosecutors shouldn’t have targeted Joel. The stress, expense and uncertainty of facing a first-degree manslaughter charge are devastating and can lead to an unjustified plea that could result in Joel going to prison.

Part of the trouble lies with New York’s “retreat doctrine.” A theory fit for law school classrooms, the doctrine holds Joel had a duty to run and hide if it was safe to do so. It’s an obligation Joel, like the vast majority of New Yorkers, had probably never heard of.

Yet it’s likely that the Queens DA will pursue precisely this avenue at trial, since the indictment states that Joel, “with intent to cause serious physical injury to Shamel Shavuo,” caused his death.

While most jurisdictions would have left Joel alone, the Queens DA seems to want to resurrect the city’s bad old days, when prosecutors developed a reputation of interpreting laws in ways that protected criminals more than they protected victims.

There is also an abuse of prosecutorial discretion here. The DA should have recognized that Joel was forced to make split-second decisions involving defending his vulnerable family members. Even if Shauvo was initially repelled, Joel had no time for a thoughtful inquiry into what Shauvo would do next unless he saw Shavuo’s backside running down the block.

Brown’s office should also review its own files to get a better sense of the devastation wrought by home invaders over the years. Such a search will reveal unsolved murders, sexual assaults and general terror inflicted on mostly working-class victims.

For a lesson in the threat posed by home invaders, the Queens DA might also recall the notorious 2007 Cheshire, Conn., home-invasion that ended with the murder and sexual assaults of a mother and her two daughters, one of them just 11 years old.

Other home invaders in this country have had remarkable runs, like the Golden State Killer, who allegedly committed numerous assaults in the 1970s. Closer to home, a woman in her 20s last week came home to her apartment from a Manhattan bar only to wake up to the nightmare of an unknown man, who tied her up and raped her.

And what if Joel had acted less assertively and Shauvo had grievously injured Joel’s kin or killed one or more of them? Prosecution after the fact would have offered no relief. No criminal sentence can put victims back together. Prosecution doesn’t raise the dead nor mend physical and mental ¬scars left by crime.

At times, the only defense is an unrelenting offense against a criminal you can assume has the worst of intentions. Unless there is more to this case than the DA has let on, those who neutralize criminals who threaten the sanctity of our homes shouldn’t face criminal charges.

DCG

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It’s good to have friends in high places: SF mayor asks Gov. Brown to release her brother from prison

Mayor London Breed: Seeking release of her brother for an unfair sentence.

Don’t do the crime if you can’t do the time.

From SF Gate: San Francisco Mayor London Breed has asked Gov. Jerry Brown to release her brother from prison, where he has served nearly two decades of a 44-year sentence for a manslaughter conviction in the death of a San Francisco woman, according to the mayor’s office.

Breed’s brother, Napoleon Brown, now 46, pushed 25-year-old Lenties White from a getaway car on the Golden Gate Bridge after an armed robbery in June 2000. She was struck by an oncoming drunken driver and died.

Breed sent a letter to Gov. Brown on Oct. 23 asking him to “consider leniency” and commute her brother’s prison sentence. The letter appears to have been sent on personal stationery, but the heading and the body of the letter reference her position as the city’s mayor.

The mayor’s letter was sent with similar messages of support from other family members, including Napoleon Brown’s mother, sister and cousin, as part of his application to have his sentence commuted, according to documents reviewed by The Chronicle.

The mayor’s letter to the governor was first reported Tuesday night by NBC Bay Area.

Napoleon Brown has served less than half of his 44-year-sentence for White’s death and the robbery of a Johnny Rockets restaurant on Chestnut Street in San Francisco.

Breed’s status as mayor could raise questions about whether the letter constitutes an improper attempt to use her status to influence the governor’s decision.

“I am very sorry for all the people I hurt with my crimes 18 years ago,” Napoleon Brown wrote in his letter to the governor, in which he details his efforts toward self-improvement while in prison. Though he blames his “crimes and bad behaviors” on addiction, he wrote, “I still take full and complete responsibility for all my actions.” And he asks for the opportunity to re-establish a relationship with his children.

In her letter to the governor, Breed said that “Napoleon struggled early on with a sense of hopelessness. And like many others, he developed a bad drug problem at an early age. His drug addiction led to a young life of crime.”

Breed has often portrayed her impoverished upbringing in Western Addition public housing as an example of overcoming obstacles to succeed in life, especially in a city with stark income disparities. In that narrative, she has mentioned that her sister died of a drug overdose and her brother was in prison.

Breed, 44, is two years younger than her brother. Her letter to the governor apparently contains the most information she has made public about his situation.

“Although I don’t believe the 44-year sentence was fair, I make no excuses for him,” Breed wrote. “His decisions, his actions, led him to the place he finds himself now. Still, I ask that you consider mercy, and rehabilitation.”

Documents contained in her brother’s commutation application indicate that his attorneys expected to negotiate with San Francisco prosecutors for a 20-year sentence, but the district attorney’s office would only consider a “package deal,” with both Napoleon Brown and his co-defendant, Sala Thorn, pleading guilty. Thorn wanted a trial, according to Brown’s commutation application.

Before she died from blunt force trauma and blood loss at a hospital, White told officers that Napoleon Brown had pushed her out of the getaway car she was driving, according to court documents filed in 2014 related to the case.

“Prison is not the place for him to stay clean, for him to make meaningful amends for his crimes, for him to pursue restorative justice,” Breed wrote in her letter.

The governor’s office did not immediately respond to requests for comment.

Court records filed in federal court detail the moments leading up to White’s death. On June 19, 2000, Brown and Thorn, then 24, walked into the Johnny Rockets restaurant between midnight and 12:30 a.m. while employees were preparing to leave for the night. The two forced workers to lie facedown on the floor and pocketed more than $7,000 from a safe.

Police Officer Gary Watts told investigators that he saw both men “walking briskly” toward him on Chestnut Street soon after the robbery. One of the men was carrying a red bank deposit bag, and the pair turned the corner and ran to a white Ford Escort with its taillights on, Watts said.

White was behind the wheel. The men piled into the car on the passenger side and the car drove off. Watts pursued the car after hearing a radio dispatch report that police were responding to a robbery at the restaurant. He asked the California Highway Patrol for assistance in stopping the vehicle, then sped ahead of the car and stopped at a parking lot near the bridge and waited for the Ford to pass him, according to the court documents.

After the Ford passed him and traveled onto the bridge, Watts followed closely behind but did not flash his patrol lights on the vehicle, he told investigators. Soon after driving onto the bridge, the Ford pulled into the buffer lane in the middle of the bridge, the driver’s-side door opened, and White was pushed to the roadway, court records show. She lay sobbing facedown in the roadway, Watts said.

Watts told investigators that when he got out of his patrol car, he saw a man exit the passenger’s side of the Ford and walk toward the driver’s side. Watts said he told the man to lie on the ground, but he ignored the order, got back in the car and drove off.

Watts said he also yelled at White to get up, but she remained in the roadway and was struck by a Dodge Stratus. Its driver was arrested on suspicion of driving while intoxicated and vehicular manslaughter.

Before dying, White managed to identify Napoleon Brown as the man who pushed her from the car, calling him by his nickname of “S.B.,” and told police where he lived, police said.

Read the whole story here.

DCG

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Sanctuary Oregon: Young couple killed on motorcycle by drunk illegal alien

Illegal Vargas (l) free to roam sanctuary Oregon/Breitbart photo

What say you sanctuary-lover Gov. Brown, about the permanent separation of these parents from their three children?

From KATU: Police identified the motorcycle riders who were killed by a suspected DUII driver on Highway 22 early Sunday morning.

Initial reports state Eduardo de la Lima Vargas was towing a horse trailer in his pickup when he ran a red light and hit a motorcycle carrying Logan and Jessica Wilson, ages 34 and 32, as they were making a lefthand turn onto the highway.

The Wilsons were taken to the hospital and were later pronounced deceased.

The motorcycle ended up underneath the pickup, and both vehicles caught fire. Emergency responders managed to get the horse out of the trailer. It is unhurt and staying with Polk County Search & Rescue for the time being.

According to investigators, Lima Vargas had a blood-alcohol content of .10 percent, which is above the legal limit.

The 39-year-old was booked into the Marion County Jail on two counts of manslaughter, reckless endangering, reckless driving, and DUII.

Family and friends created a GoFundMe account to help the Wilson’s three children who lost their parents. If you’d like to donate, click here.

What the KATU article doesn’t mention is that the perp is an illegal alien. From Daily Caller:

“Additionally, Vargas is now the subject of a federal immigration detention request. U.S. Immigration and Customs Enforcement (ICE) confirmed the detainer Aug. 24 in a statement to Salem-based crime researcher David Olen Cross, who shared it Thursday with TheDCNF.

On August 23, 2018, ICE deportation officers lodged an immigration detainer with the Marion County Jail on Eduardo De la Lima Vargas, following his arrest for DUI resulting in death,” agency spokesperson Lori Haley said in a statement, according to Cross. “Mr. De la Lima Vargas is a citizen of Mexico illegally residing in the United States.”

h/t Breitbart

DCG

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George Zimmerman found not guilty of murder in Trayvon Martin’s death

By Greg Botelho, CNN

updated 10:18 PM EDT, Sat July 13, 2013

(CNN) — George Zimmerman is not guilty of murder in the death of Trayvon Martin, a Florida jury decided late Saturday.

The fact that Zimmerman fired the bullet that killed Martin was never in question, but the verdict means the six-person jury had reasonable doubt that the shooting amounted to a criminal act.

The verdict caps a case that has inflamed passions for well over a year, much of it focused on race and gun rights.

The six-person jury — all women — had three choices: to find Zimmerman guilty of second-degree murder; to find him guilty of the lesser charge of manslaughter; or to find him not guilty.

The jurors deliberated for 16½ hours total, including 13 on Saturday alone, before delivering their verdict.

When he learned his fate, a subdued Zimmerman had little visible reaction. His face was mostly expressionless. He turned and shook one of his attorney’s hand before sitting back down. His parents, Robert and Gladys Zimmerman, were seated nearby, but Martin’s parents were not in the courtroom.

Earlier in the day, the jury had asked the court for clarification on its instructions regarding manslaughter. The jury couldn’t have even posed such a query a few days ago: Judge Debra Nelson ruled Thursday, over the defense’s vehement objection, to include manslaughter as an option for jurors, in addition to a second-degree murder charge.

To convict Zimmerman of manslaughter, the jurors would have had to believe that he “intentionally committed an act or acts that caused the death of Trayvon Martin.” That charge could have carried a sentence of up to 30 years in prison, though the jury was not told of that possible sentence.

For second-degree murder, the jurors would have had to believe that Martin’s unlawful killing was “done from ill will, hatred, spite or an evil intent” and would be “of such a nature that the act itself indicates an indifference to human life.”

Ultimately, they believed neither. And that means Zimmerman can walk free.

How long other juries deliberated for in other high-profile cases

The fateful night

Rest HERE!!!

 

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Michael Savage is a horse’s arse – Part 2

1

2 Rolls Of Duct Tape needed.

OK, Last we heard Savage might have went round the bend. Ladies and Gents, he is now certifiable.  He makes 2 statements. One is about a racial slur Zimm says on tape and the weenie bleeps it out and puts his own racist meaning in.

Thanks to FOTM reader Mother124 Here is great link of audio blowing “Racial “Coons” Theroy  out of water. Wrong again Savage.  https://www.liveleak.com/view?i=ceb_1333635188

He says we must find Zimm guilty because Zimms gun was loaded. One in the chamber and safety off. Says If it wasn’t Martin would still be alive. He’s right. And Zimmerman would be dead you  moron

Say What?

If Zimm did not carry HOT That night He was Dead. All Police FBI. Etc Carry Hot.  Some, I’d say Most people carry Hot myself included.. How you carry is a personal decision. I’m just glad you do.

For those that don’t let me explain. It is not Hollywood. When you carry a gun you carry “HOT” Which means one in the chamber and safety off. Why? Because if a situation arises as I say it is not “Hollywood where you see the guy Racking the gun and putting one in. If you have to do that and fumble for a safety you are dead. By then bad guy has shot you three times.


Jeff Poor                              https://dailycaller.com

Media Reporter              11:04 AM 07/04/2013

On his show on Tuesday night, talk show host Michael Savage said that George Zimmerman, who is currently on trial for the murder of Trayvon Martin, should be found guilty of second-degree manslaughter based on two things: 1) The state of his firearm and 2) The language he allegedly used on a 911 call when he was first reporting his suspicions about Martin.

But first Savage explained why his insight should be valued over others in the media covering the trial.

“I’m about to break an analysis that no one yet in the media has done, as you would expect from me — being the senior member of the American media and possibly the most insightful,” Savage said. “And I have to blow my own horn because everyone else tries to break my horn.”

“I will tell you that I broke the case down as follows,” Savage continued. “You want to hear it, or don’t you want to hear it? I know your mind is made up: White people generally think Zimmerman is innocent, except for liberals who are sure he is guilty; black people probably to the 99th percentile are sure Zimmerman’s a murderer. So where does Michael Savage fit in? I’m an independent observer and I call them as I see them, and I think Zimmerman committed what he’s being charged with: manslaughter. He didn’t intend to kill him, but he may as well have intended to kill him.”

avage laid out his case, saying that the murder could have been avoided, but based on Zimmerman’s gun having a round in the chamber with the safety off, Zimmerman intended “to find some he could shoot or intimidate.”

“Zimmerman was carrying a Kel Tec semi-automatic 9mm handgun,” Savage said. “So? Big deal. It is a big deal because he had a bullet chambered in the gun and he had the safety off… Had he not chambered a round prior to meeting Trayvon, and had he not taken the safety off, even if Trayvon, during the altercation even if Trayvon had tried to grab the gun away from Zimmerman — had that gun not been chambered with a round and safety off, Trayvon Martin would have had to use two hands. You can’t do it with one hand.”

“Many of you don’t own guns,” Savage said. “He would have had to let go of Zimmerman. He would have had to stop punching him. He would have had to take both hands on the gun, hold the pistol grip with one, pull the top back to chamber a round and then he would have had to unlock the safety, during which time the mixed-martial-artist-in-training Mr. Zimmerman would have had time to throw him off and pound the hell out of him. But because Zimmerman carried a loaded weapon with the safety off, Trayvon Martin is dead. Therefore, the responsibility is in the hands of Zimmerman.

“I don’t care which side you are on,” Savage continued. “He wasn’t just carrying a gun, he wasn’t just a watch guy: He was hunting. He was looking, he was hoping to find someone he could shoot or intimidate with that loaded weapon, ladies and gentlemen of the Savage jury.”

In addition to that, Savage said the controversial 911 call was also damning.

“[Z]immerman says the back entrance and under his breath, he can be heard saying ‘f-ing,’ and the first word is ‘f—ing;’ the second word begins with a ‘c’ and ends with ‘ns,’” Savage said. “I didn’t make that up. It’s on the 911 tape. And I’m afraid that the fact that he has this racist statement — made this racist statement on the 911 call — and that he was carry a loaded gun with a bullet in the chamber and the safety off, you have to find this man guilty of second-degree manslaughter is my opinion. Something’s wrong with this whole story.”

That 911 call was debated back in March and April 2012, with some saying Zimmerman said “fucking coon” and others saying it was “fucking cold” or “fucking punks.”

~Steve~

Read more: https://dailycaller.com/2013/07/04/michael-savage-on-george-zimmerman-you-have-to-find-this-man-guilty-audio/#ixzz2YM2qFmjQ

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StunGuns and How Not To Use Them.


A guy who purchased his lovely wife a pocket Tazer for their anniversary submitted this:
Last weekend I saw something at Larry’s Pistol & Pawn Shop that sparked my interest. The occasion was our 15th anniversary and I was looking for a little something extra for my wife Julie. What I came across was a 100,000-volt, pocket/purse-sized Tazer.
The effects of the Tazer were supposed to be short lived, with no long term
adverse affect on your assailant, allowing her adequate time to retreat to safety….??
WAY TOO COOL! Long story short, I bought the device and brought it home. I loaded two AAA batteries in the darn thing and pushed the button. Nothing! I was disappointed. I learned, however, that if I pushed the button and pressed it against a metal surface at the same time, I’d get the blue arc of electricity darting back and forth between the prongs.
AWESOME!!! Unfortunately, I have yet to explain to Julie what that burn spot is on the face of her microwave.
Okay, so I was home alone with this new toy, thinking to myself that it couldn’t be all that bad with only two AAA batteries, right?
There I sat in my recliner, my cat Gracie looking on intently (trusting little soul) while I was reading the directions and thinking that I really needed to try this thing out on a flesh & blood moving target.
I must admit I thought about zapping Gracie (for a fraction of a second) and then thought better of it. She is such a sweet cat. But, if I was going to give this thing to my wife to protect herself against a mugger, I did want some assurance that it would work as advertised.
Am I wrong?
So, there I sat in a pair of shorts and a tank top with my reading glasses perched delicately on the bridge of my nose, directions in one hand, and Tazer in another. The directions said that a one-second burst would shock and disorient your assailant; a two-second burst was supposed to cause muscle spasms and a major loss of bodily control; and a three-second burst would purportedly make your assailant flop on the ground like a fish out of water. Any burst longer than three seconds would be wasting the batteries.
All the while I’m looking at this little device measuring about 5″ long, less than 3/4 inch in circumference (loaded with two itsy, bitsy AAA batteries); pretty cute really, and thinking to myself, ‘no possible way!’
What happened next is almost beyond description, but I’ll do my best.
I’m sitting there alone, Gracie looking on with her head cocked to one side so as to say, ‘Don’t do it stupid,’ reasoning that a one second burst from such a tiny lil ole thing couldn’t hurt all that bad.. I decided to give myself a one second burst just for heck of it.
I touched the prongs to my naked thigh, pushed the button, and…
HOLY MOTHER OF GOD. WEAPONS OF MASS DESTRUCTION. WHAT THE… !!!
I’m pretty sure Hulk Hogan ran in through the side door, picked me up in the recliner, then body slammed us both on the carpet, over and over and over again. I vaguely recall waking up on my side in the fetal position, with tears in my eyes, body soaking wet, both nipples on fire, testicles nowhere to be found, with my left arm tucked under my body in the oddest position, and tingling in my legs! The cat was making meowing sounds I had never heard before, clinging to a picture frame hanging above the fireplace, obviously in an attempt to avoid getting slammed by my body flopping all over the living room.
Note: If you ever feel compelled to ‘mug’ yourself with a Tazer, one note of caution: there is NO such thing as a one second burst when you zap yourself! You will not let go of that thing until it is dislodged from your hand by a violent thrashing about on the floor! A three second burst would be considered conservative! A minute or so later (I can’t be sure, as time was a relative thing at that point), I collected my wits (what little I had left), sat up and surveyed the landscape. My bent reading glasses were on the mantel of the fireplace.. The recliner was upside down and about 8 feet or so from where it originally was. My triceps, right thigh and both nipples were still twitching. My face felt like it had been shot up with Novocain, and my bottom lip weighed 88 lbs. I had no control over the drooling. Apparently I had crapped in my shorts, but was too numb to know for sure, and my sense of smell was gone. I saw a faint smoke cloud above my head, which I believe came from my hair.
I’m still looking for my testicles and I’m offering a significant reward for their safe return!
PS: My wife can’t stop laughing about my experience, loved the gift and now regularly threatens me with it!
~Steve~                      Big H/T to Tina
If you think education is difficult, try being stupid!!!!

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