Already been done in Spokane. Guy was driving away with his vehicle and was shot/killed. Guy got off.

What bearing does the report have that the clerk ordered the perp off the property, then the perp ran inside and committed shoplifting? Or is it robbery as a consequence of ignoring an order to leave and trespassing with the intent to steal, and perhaps diss the clerk?

From the Bonney Lake Courier-Herald, today.

http://www.blscourierherald.com/news/373999811.html

"Yesterday Pierce County Prosecutor Mark Lindquist charged Min Sik Kim, 30, with murder in the second degree for shooting a shoplifter, 21-year-old Jakeel Rashon Mason, in the back as he tried to flee from Kim’s store. Kim is scheduled to be arraigned today at 1:30 p.m. in room 270 of the County-City Building in Tacoma.

“The defendant’s frustrations are understandable, but his actions were not lawful,” said Prosecutor Mark Lindquist. “Shop owners cannot legally shoot unarmed shoplifters attempting to flee.”

On March 25, 2016, a group of men were loitering outside Kim’s store, and Kim went outside to tell them to leave. Video surveillance from inside the store shows that while Kim was outside, Mason attempted to steal cigarettes from behind the counter. As Kim entered the store, he pulled out a pistol from his waistband and held Mason at gunpoint. Mason put his hands up and Kim backed him up against a store shelf. Kim then put his gun back in his waistband and punched Mason in the face. The two struggled for a few seconds as Mason tried to get away from Kim. Once Kim was on the ground, Mason ran toward the door. He picked up a pack of cigarettes as he attempted to leave. Kim stood up, pulled his pistol from his waistband and fired at Mason, striking him twice in the back. Mason collapsed in the doorway. Kim then picked up the stolen cigarettes and called 911.

Kim’s wife was clerking the same store in February when the store was robbed by a different person. The robber displayed a gun and the two fired at each other. She was shot, but survived.

Charges are only allegations and a person is presumed innocent unless he or she is proven guilty beyond a reasonable doubt."
_________________________________

This smells of typical newspaper reporting. Still, the article states the thief tried to exit after the clerk "was on the ground". I am sure some will say the thief was defending himself. Just what are his rights to self defense under such conditions?

It's one thing if Kim was knocked over simply from the perp trying to get away, it may be another if he was pushed to the ground, but I don't think even that would meet the criteria for robbery unless a strike was thrown at Kim.

I think he's fucked.


Sent from my UAV using Disposition Matrix 2.0

I wonder if we could all volunteer for jury duty . . . and give this guy a fighting chance.

I hate to say it but the outcome don't look good. Wish they would show the video, look how fast the one with his wife came out.

In all I think he "snapped" and said enough with this shit.

“The defendant’s frustrations are understandable, but his actions were not lawful,”

Of course, some guy shoots his wife in the head with his AR, and gets 11-13 years, manslaughter.
http://q13fox.com/2016/03/03/former-jbl ... h-of-wife/

Could it be the prosecutor seeks a 2nd Degree and settles on Manslaughter?



From Wiki;

Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned in advance.[10]

Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter

After the struggle, he's still committed to grabbing those cigs, hahahahaha.

So that then counts as robbery? Or is his struggle SD because Mr Kim started throwing punches?


Hmmmmmm food for thought.

Good news. Jakeel Mason will not be able to commit any more crimes on this earth. We should see if there is a defense fund for the store owner.

The scary thing about the Gerlach case was the entire acquittal hinged on the jury believing that Gerlach was fearing a Parthian Shot.

The prosecutor and judge and all counsel involved seemed to not care about the part of the RCW that says force can be used to stop a felony... such as a thief trying to get away with your car. The felony isn't accomplished as long as you can stop it...



We need better prosecutors and courts.

Not a lot of those cameras record audio...

A simple 'he said he was going to his truck to get his gun and shoot me'.... would suffice..

Given his situation, I'm sure the officers would've been like 'OK, sounds good to me', and that'd have been the end of it.

Spoke with Kim's wife at the store a few days ago. She was obviously very happy
as her husband was bailed out of jail. She said his lawyer was confident.