YES! No charges in ice cream store robbery!

[RNB65]

A win for the good guys! I predicted several weeks ago that the grand jury would slap Mike Herring in the face by refusing to indict this kid. This makes my day!

http://www.inrich.com/cva/ric/news/business/metrobusiness.apx.-content-articles-RTD-2007-11-05-0203.html

By JIM NOLAN
TIMES-DISPATCH STAFF WRITER

An ice cream parlor manager who pursued and fatally shot a man who robbed his store Sept. 6 will not stand trial.

A Richmond grand jury today declined to indict 21-year-old David Fielding in connection with the shooting of Jerome Davis at the Baskin Robbins ice cream store in the 6900 block of Forest Hill Avenue in South Richmond.

Fielding, 21, a VCU art student, fired 11 shots at Davis, who had entered the store waving a weapon and demanded money. Two of the shots struck Davis, 43, one of them in the back, fatally wounding him.

The Richmond Commonwealth's Attorney's office this morning presented evidence for a charge of reckless discharge of a firearm. The five-member panel could have indicted Fielding on either a felony or misdemeanor category of the offense, but instead returned no true bill. At least four grand jurors most vote for indictment for a true bill to be returned.

Commonwealth's Attorney Michael N. Herring said he thought the panel might indict on the misdemeanor reckless discharge offense, which entails discharging a weapon in a public place.

But Herring said he believed the panel must have considered the position Fielding was in when he fired upon Davis, even as the suspect fled with less than $100 in cash and coins.

"I think they believed Mr. Fielding's state of mind was such that he reasonably feared his life would be in danger," Herring said.

"When the adrenaline is pumping and you're scared, you weigh fear differently than when you're behind your desk," he added.

Still, the prosecutor said he had no regrets about presenting the case.

"This is an indication that the system works," he said.

 

[Fisherman_48768]

"This is an indication that the system works," he said.

Meaning what? that he was hoping it didn't work and he got a feather in his cap for a wrongful prosecution!!!!!!

 

[Henry Bowman]

Still, the prosecutor said he had no regrets about presenting the case.

"This is an indication that the system works," he said.

Keep in mind that a grand jury presentation is a one-sided affair. As they say, a prosecutor could get an indictment for a ham sandwich if he wanted to.

I don't know this prosecutor, but it is entirely possible that this was a "friendly" presentation. That is, it was presented to the grand jury as a good shoot. Getting a "no bill" closes this matter for Fielding for good and he doesn't have it haunting him for months (or more).

 

[RNB65]

I don't know this prosecutor, but it is entirely possible that this was a "friendly" presentation.

Negative. Mike Herring is an anti-gun, ultra-liberal prosecutor who does not believe that individuals have the right to defend themselves. There is no doubt in my mind that he badly wanted this indictment. He'd revoke every CCW permit issued by the Richmond Circuit Court in a heartbeat if he had the power to do so.

 

[Flyboy]

So the legal stuff is done. Excellent. Can we chip in to buy him more ammo?

 

[Black Knight]

Now all he has to worry about is a wrongful death suit from the robber's family. They will no doubt try to paint the robber as a saint that walked on water. If they do he should counter sue for 10 times the amount they are suing for because of the harrassment.

 

[Robert Hairless]

Now all he has to worry about is a wrongful death suit from the robber's family. They will no doubt try to paint the robber as a saint that walked on water. If they do he should counter sue for 10 times the amount they are suing for because of the harrassment.

Truly? Doesn't Virginia law bar such suits when there is a no true bill?

 

[AlaskaErik]

Sounds like a case of malicious prosecution. Good for the Grand Jury.

 

[Skirmisher]

Another armed citizen taking a bite out of one criminal at a time.

 

[CajunBass]

Interesting. Last night on the way home from work, I heard WRVA radio report that the grand jury refused to indite him on "murder" charges. I took notice of the word, because earlier in the day they had been reporting it as a charge of "reckless discharge."

 

[KABAR2]

One more reason we need the Castle Doctrine in the State of Virginia!

 

[repsychler]

This is the first I've heard of this case, so maybe I'm getting the wrong impression of how it went down. He chased after a fleeing robber, firing 11 shots, nine of which went God-knows-where?
I'm not saying he should have been prosecuted, but from this short article's description of the event, it doesn't seem like a wise play in hindsight.

 

[Beachmaster]

I'm gonna take a different stance and sentence David Fielding to 40 hours supervised range time. 11 shots and only 2 hits????? Come on David, get some more practice under your belt!

Remember David, in a hurry, aim for center mass and SQUEEEEEZE, don't jerk the trigger!

 

[Bazooka Joe71]

Yes, with only an 18% hit rate, I'd say some range time is in order.

Luckily, no one else was hurt with one of the stray 9.

 

[FieroCDSP]

Hit percentages in SD situations are never very high, but I agree: range time. I'd like to think, based on my IDPA scores, that under pressure, I could put at least half the rounds into a target, maybe closer to 80%. Maybe not grouped all nice and neat, but into it.

 

[Steve N]

We need a lawyer to chime in on this one. My understanding is the prosecutor can resubmit the case to the grand jury if he/she finds additional evidence that they feel could get an indictment. However, the state attorney general has to OK the resubmission.

A "no true bill" is good, but being found "not guilty" is better, because of the double jeopardy clause of the 5th Amendment. Of course, at trial, you risk losing everything. And the federal government can always step in and try you on a federal charge, a-la the cops in the Rodney King case. Unlikely, but possible.

 

[Beachmaster]

People say there is no "Double Jepardy" but when you really look at how the game is played,,,,,errrrrr I mean how our Justice System operates, thats not so true. As stated, a Grand Jury can find no reason to prosecute, but a prosecutor can override their findings in many cases. The Gov can charge you with just a FEW charges that pertain to an incident (like a murder), and if they lose at trial, could file different charges like conspiracy to commit murder for the same incident.

You can be charged by the state, and then again by the Feds. Another one I just saw involved the kid who was in jail down in Jenna (part of the Jenna Six and the racist nooses in the tree case) He was charged and jailed initially as an adult. Now today on the news, I see he faces new charges as a juvenile!

And of course, you can be charged by the government at a criminal trial, and be aquitted at that trial, and then have a civil case brought against you. O.J. is a good example of that.

 

[wideym]

Is the Richmond Prosecuter elected or appointed? If elected he may not want to bring charges again and look like another Nyfong.

 

[Intrepid Dad]

And of course, you can be charged by the government at a criminal trial, and be aquitted at that trial, and then have a civil case brought against you. O.J. is a good example of that.

I've always felt this was a problem with our legal system. It does seem like double jeopardy. Some states have remedied this by ruling out civil liability when a shooting has been ruled justifiable, but we as a country need better protection against these types of lawsuits.

 

[havanatrader]

Yes, with only an 18% hit rate, I'd say some range time is in order.

An 18% hit rate puts him above average compared to police shootings. Not bad, I say.

 

[RNB65]

Is the Richmond Prosecuter elected or appointed?

He's appointed. There won't be any charges filed. In a couple of public opinion polls, Richmonders overwhelmingly (90%+) opposed any charges against the kid. A jury hearing this case would laugh it out of the courtroom just like the grand jury did. Folks around here are tired of violence, armed robberies, murders, drug dealing, etc. and cheer whenever a bad guy gets what he deserves.

 

[JohnBT]

Herring, the Commonwealth's Attorney for the City of Richmond, was elected. He gets to hire the prosecutors in his office.

"Virginia Decides 2005
Meet the candidates for Richmond Commonwealth's Attorney"

www.richmond.com/news/output.aspx?Article_ID=3702137&Vertical_ID=2&tier=1&position=13

 

[RNB65]

Darn, John, you're right. Herring was elected.

But I just looked at the official results from the Nov 2005 election and it looks like both his opponents dropped out of the race before election day and Herring ran unopposed. So I'm claiming partial credit.