Johns Hopkins Undergrad Kills Burglar with a Samurai Sword

[KSig RC]

Originally Posted by KSigkid

But, it could be an even worse precedent if he takes the case to trial and gets some sort of jury nullification where they let the guy walk.

If there's been a crime problem in the area (like the previous posts mention), then you'll get a lot of sympathy from the jury for the swordsman in this case.

Yeah, that's what I meant by discretion - there's no real chance of conviction, so why even let it get that far?

[naraht]

There is a Wikipedia page that deals with this fairly well at (http://en.wikipedia.org/wiki/Maryland_self-defense).

In short the student is screwed.

Maryland has a "duty-to-retreat" which for the case of property being stolen like that, he has to retreat, go back into the house and call the cops. The only reason he could use deadly force is if his life is being threatened and he has nowhere to go.

If the prosecutor chooses not to file charges, that is his/her decision, but I really think that with the information given that Manslaughter could reasonably be charged and convicted on.

[Kevin]

Originally Posted by naraht

If the prosecutor chooses not to file charges, that is his/her decision, but I really think that with the information given that Manslaughter could reasonably be charged and convicted on.

I think the prosecutor would be neglecting his duties if he didn't file charges.

We have a similar case here in Oklahoma City where two kids attempted to hold up a convenience store. The pharmacist shot one of the kids in the head, not killing him, then chased the other outside.

The video footage of the incident shows the pharmacist calmly walk back into his store, walk around the counter, turning his back to the would-be robber, retrieving a second gun, walking over to the robber and shooting the robber in the chest/stomach five more times. The attempted robber turned out to be a 14 year old kid who had been put up to this by two 30-something men.

So now, the pharmacist is charged with Murder in the First Degree while the survivors/accomplices are all charged with felony-murder (Oklahoma is in the minority of states which don't follow the agency rule, so co-conspirators can be charged for the death of an accomplice).

Our D.A. did his job despite *massive* public outcry. I think justice has to be blind to politics. I have a huge amount of respect for our D.A. -- a guy who only won his last election by less than one-thousand votes.

Being burglarized does not give one license to hack someone to death with a sword. This is at the least voluntary manslaughter. Maybe even Murder.

[DaemonSeid]

Originally Posted by Kevin

I think the prosecutor would be neglecting his duties if he didn't file charges.

We have a similar case here in Oklahoma City where two kids attempted to hold up a convenience store. The pharmacist shot one of the kids in the head, not killing him, then chased the other outside.

The video footage of the incident shows the pharmacist calmly walk back into his store, walk around the counter, turning his back to the would-be robber, retrieving a second gun, walking over to the robber and shooting the robber in the chest/stomach five more times. The attempted robber turned out to be a 14 year old kid who had been put up to this by two 30-something men.

So now, the pharmacist is charged with Murder in the First Degree while the survivors/accomplices are all charged with felony-murder (Oklahoma is in the minority of states which don't follow the agency rule, so co-conspirators can be charged for the death of an accomplice).

Our D.A. did his job despite *massive* public outcry. I think justice has to be blind to politics. I have a huge amount of respect for our D.A. -- a guy who only won his last election by less than one-thousand votes.

Being burglarized does not give one license to hack someone to death with a sword. This is at the least voluntary manslaughter. Maybe even Murder.

He walked back and shot him 5 times??? Naaahhh...thats not even right.

ETA: Elsewhere In Baltimore, a man defends himself with a machete

[knight_shadow]

Originally Posted by DaemonSeid

ETA: Elsewhere In Baltimore, a man defends himself with a machete

Well, damn. I lived in Harford County when I lived in MD, and I never heard about stuff like this happening.

[RU OX Alum]

Originally Posted by Kevin

Being burglarized does not give one license to hack someone to death with a sword. This is at the least voluntary manslaughter. Maybe even Murder.

What if the man is armed? The burglar, i mean.

[Kevin]

Originally Posted by RU OX Alum

What if the man is armed? The burglar, i mean.

It's a consideration.

But this happened in the garage, not the home. That means that in all likelihood, (we have to speculate) the swordsman pursued the burglar into there. In most places, you don't have a duty to retreat within the home, but the garage, especially since it's not attached is probably (this may be a wrinkle in Maryland law which as an Oklahoman I wouldn't know) not part of the 'home.'

At any rate, your next step is to determine whether there was a reasonable belief that the burglar posed a PRESENT danger to the swordsman. If the first couple of strikes had effectively abated the danger and the swordsman could safely retreat, he's got a good chance of goin' to the pokey.