Murder charges against CC'er dropped

[hermannr]

That is OK Kleanbore, I have lived and carried in WA for over 40 yeas, and at least in my mind, I believe I know what can and should not be done.

The key word in WA law is "Felony". If what is happening is a violent felony (that is what the 9A reference is for, what is listed as a violent felony (BTW: it is a long list, and burglery is in that list) or a severe violent felony: murder, rape, robbery, car-jacking etc... you can respond with deadly force.

This doesn't mean you have to shoot the BG, just you can point a gun at him (or pull the trigger if necessary) and not be prosecuted with an illegal display with the intent to intimidate, or aiming a weapon. (two different no-nos)

Always remembering simple trespass (and the like) is not a felony. If it is not a felony, you cannot use a firearm to defend against it.

 

[TexasBill]

Prosecutors don't like to lose and judges don't like prosecutors who waste the court's time with loser cases. According to the story, it sounds like prosecutor felt he didn't have a strong enough case to convict at this time. I don't know whether or not West Virginia has a speedy trial law, but it sounds like they do and the prosecutor felt he couldn't be ready in the time allowed.

As the story said, the charges were dismissed without prejudice meaning the case can be refiled and the prosecutor still has the option of filing as manslaughter, which might make it easier to get a conviction.

 

[JohnBT]

The article clearly stated that they dropped the charge because the investigation was not complete.

In other words, they don't know exactly what happened yet.

John

 

[mortablunt]

The Brady Campaign just went "hhaaaaaaaaax!" And worse off, they're angry that a gun was used for good.

 

[mgkdrgn]

Not so fast. I do believe the CCr is allowed to use the force required to get his money back.

Only in TX.

That said, one mans "runnig away" is another mans "maneuvering for position".

 

[Fir Fer]

The enemy, whether facing you or running away is still the enemy! The BG got what he had coming to him. The guy had a record, no telling how many people he had robbed or worse prior to dieing.

 

[Art Eatman]

If there is an update with factual information pertaining to the WV laws, re-start a thread.