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It is currently Wed Apr 17, 2024 10:43 pm
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Spanaway convenience store shooting
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BadKarma
Site Moderator
Location: Duvall Joined: Tue Sep 13, 2011 Posts: 8660
Real Name: Jaime
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deadshot2 wrote: MadPick wrote: Just because someone is moving away from you, even if his/her back is turned, doesn't mean that the threat is over. Try to explain that to a jury comprised of 12 people too stupid to figure out an excuse to avoid jury duty in the first place. Yeah, yeah, civic duty and all that stuff but the reality is that most jurors aren't always the brightest bulbs in the chandelier. You're up crap creek if they have an anti-gun mentality as well. Putty in the Prosecutor's hands. Already been done in Spokane. Guy was driving away with his vehicle and was shot/killed. Guy got off.
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Wed Mar 30, 2016 6:02 pm |
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corpsman
Site Supporter
Location: Pierce County Joined: Fri Mar 25, 2011 Posts: 1342
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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?
_________________ "I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do." - Robert Heinlein
Resistance to tyranny is always justified.
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Wed Mar 30, 2016 6:39 pm |
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corpsman
Site Supporter
Location: Pierce County Joined: Fri Mar 25, 2011 Posts: 1342
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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?
_________________ "I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do." - Robert Heinlein
Resistance to tyranny is always justified.
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Wed Mar 30, 2016 8:24 pm |
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CurtisLemansky
Site Supporter
Location: Snohomish County Joined: Wed Jan 16, 2013 Posts: 2300
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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'm cracking eggs of wisdom!”
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Wed Mar 30, 2016 8:49 pm |
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MadPick
Site Admin
Location: Renton, WA Joined: Sun Mar 13, 2011 Posts: 52030
Real Name: Steve
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I wonder if we could all volunteer for jury duty . . . and give this guy a fighting chance.
_________________SteveBenefactor Life Member, National Rifle AssociationLife Member, Second Amendment FoundationPatriot & Life Member, Gun Owners of AmericaLife Member, Citizens Committee for the Right to Keep and Bear ArmsLegal Action Supporter, Firearms Policy CoalitionMember, NAGR/NFGRPlease support the organizations that support all of us.Leave it cleaner than you found it.
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Wed Mar 30, 2016 8:51 pm |
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cmica
Site Supporter
Location: I-5 /512 Joined: Thu Dec 8, 2011 Posts: 15231
Real Name: chris
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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.
_________________
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Wed Mar 30, 2016 8:59 pm |
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WaJim
In Memoriam
Location: Tacoma Wa Joined: Tue Oct 8, 2013 Posts: 16607
Real Name: George Bailey
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“The defendant’s frustrations are understandable, but his actions were not lawful,”
_________________ "Remove one freedom per generation and soon you will have no freedom and no one would have noticed."......Carl Marx
"Let us Cross the river and sit in the shade of the trees" .....Stonewall Jackson
T. Jefferson "....the tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. it is it's natural manure"
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Wed Mar 30, 2016 9:07 pm |
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ANZAC
Site Supporter
Location: 12 Acres in Eastern WA Joined: Sat Nov 10, 2012 Posts: 7251
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WaJim wrote: “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/
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Wed Mar 30, 2016 9:23 pm |
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WaJim
In Memoriam
Location: Tacoma Wa Joined: Tue Oct 8, 2013 Posts: 16607
Real Name: George Bailey
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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
_________________ "Remove one freedom per generation and soon you will have no freedom and no one would have noticed."......Carl Marx
"Let us Cross the river and sit in the shade of the trees" .....Stonewall Jackson
T. Jefferson "....the tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. it is it's natural manure"
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Thu Mar 31, 2016 6:44 am |
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UpDog
Site Supporter
Location: Burien Joined: Wed Oct 5, 2011 Posts: 3307
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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.
_________________ Slow is smooth and smooth is fast.
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Thu Mar 31, 2016 9:12 am |
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BadKarma
Site Moderator
Location: Duvall Joined: Tue Sep 13, 2011 Posts: 8660
Real Name: Jaime
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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.
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Thu Mar 31, 2016 11:22 am |
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Alpine
Site Supporter
Joined: Sat Aug 11, 2012 Posts: 7649
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BadKarma wrote: deadshot2 wrote: MadPick wrote: Just because someone is moving away from you, even if his/her back is turned, doesn't mean that the threat is over. Try to explain that to a jury comprised of 12 people too stupid to figure out an excuse to avoid jury duty in the first place. Yeah, yeah, civic duty and all that stuff but the reality is that most jurors aren't always the brightest bulbs in the chandelier. You're up crap creek if they have an anti-gun mentality as well. Putty in the Prosecutor's hands. Already been done in Spokane. Guy was driving away with his vehicle and was shot/killed. Guy got off. 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... Quote: RCW 9A.16.050 Homicide—By other person—When justifiable. Homicide is also justifiable when committed either: (1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or (2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is. [2011 c 336 § 354; 1975 1st ex.s. c 260 § 9A.16.050.] We need better prosecutors and courts.
_________________If you vote for Biden you are voting to be murdered when he sends Beto to come take your "semi automatic assault weapon" (any semi auto). If you have family or friends voting for Biden show them this and ask if they are willing to vote for your murder or maybe even their own if they are gun owners or live with any. https://nypost.com/2020/03/03/joe-biden ... n-control/Quote: “I want to make something clear, I’m going to guarantee you this is not the last you’ve seen of him (Beto),” Biden said Monday evening during a campaign rally in Dallas. “You’re (Beto) going to take care of the gun problem with me. You’re (Beto) going to be the one who leads this effort.” https://www.newsweek.com/beto-orourke-g ... ns-1465738Quote: [Beto O'Rourke Suggests Police Would 'Visit' Homes To Implement Proposed Assault Weapons Ban] "In that case, I think that there would be a visit by law enforcement to recover that firearm... ..."If someone does not turn in an AR-15 or an AK-47, one of these weapons of war...then that weapon will be taken from them"
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Thu Mar 31, 2016 5:39 pm |
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TechnoWeenie
Site Supporter
Location: Nova Laboratories Joined: Tue Oct 25, 2011 Posts: 18453
Real Name: Johnny 5
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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.
_________________NO DISASSEMBLE!Thomas Paine wrote: "He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself."
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Thu Mar 31, 2016 11:00 pm |
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cmica
Site Supporter
Location: I-5 /512 Joined: Thu Dec 8, 2011 Posts: 15231
Real Name: chris
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_________________
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Fri Apr 01, 2016 3:11 pm |
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corpsman
Site Supporter
Location: Pierce County Joined: Fri Mar 25, 2011 Posts: 1342
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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.
_________________ "I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do." - Robert Heinlein
Resistance to tyranny is always justified.
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Tue Apr 12, 2016 9:55 am |
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