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Thread: Oklahoma Incident
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05-31-2009, 04:20 PM #18
Here's a few things to add to the mix:
My understanding is the initial firearm that the pharmacist used to deliver the headshot was a .380 auto. Not exactly a superlative self-defense round. As to the weapon, manufacturer, capacity, or its condition (operational, jammed, our of ammo, etc) nobody has said. It has not been made public why the pharmacist changed weapons. It has been stated he changed weapons, which is different than reloading his primary weapon.
The pharmacist is a medically discharged Iraq War veteran. He had recently had back surgery, which is why he is wearing a back brace. This may factor into his thought process, as he is in no condition for a physical scuffle with anyone at this point. The store had been robbed before, and the employees beaten. This is what prompted him to obtain a concealed carry permit and have a weapon at the store.
The only thing that says the wounded attacker was unconscious is the medical examiner's report. The surveillance video does not show the soon-to-be decedant -- the view is obscured by the counter. The medical examiner ruled the head shot was not fatal, but rather the decedant expired due to the additional rounds.
The surveillance video is video only -- no audio. It is possible the soon-to-be decedant was conscious and made either a verbal threat or possibly moved (or twitched), leading the citizen to still be in fear.
A theory going around about the murder charge. First degree murder means pre-meditated. I don't know that a jury in my county is going to agree this guy sat down, thought about killing someone, planned it out then executed that plan. Manslaughter perhaps, but not murder. The DA might have given in to pressure from groups like the NAACP and filed the charge. I predict the pharmacist will get a not guilty from the jury.
The pharacist has secured the services or Irvin Box, a very prominent attorney and legal analyst for local NBC news affiliate KFOR TV. The DA had best eat his Wheaties, because Box is a shark in the courtroom.
I'm not a real fan of the District Attorney right now, and I'm not the only one. He filed a first degree murder charge against the pharmacist. But, the 14 year old perp who had a firearm and waved it around to start the incident doesn't catch a murder/manslaughter/weapons charge. HELLO? You are illegally in possession of a firearm, while committing a felony, which resulted in someone's death. I don't give a damn if you're 14 or not, you should catch a felony murder charge and let the justice system run its course. Of course, the NAACP isn't on this bandwagon; they're all for the pharacist being tried though.
The DA did request the pharmacist be permitted to have a firearm at the premises. The judge declined. The same judge who raised his bail from $50k to $100K. Not going to be getting my vote at the next election. This pretty much declares it to be open season on the pharmacy and its employees. The judge has received several death threats already.
In the end, here's a couple of lessons.
(1) A .380 semiauto isn't really the best personal defensive round;
(2) Spend time punching holes in paper at the range. If the pharmacist would have delivered larger caliber weapon fire more accurately, this case wouldn't be a case at all.
(3) Shoot to kill, not neutralize.
(4) Find a lawyer now, before you need one. Sitting at county jail is not the time to go through the yellow pages.
(5) Remember your constitutional right to the 5th amendment. Shut up and don't say a word to the police without your attorney present. I haven't found a lawyer who wishes his client would have talked to the police instead of being quiet.
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The Following User Says Thank You to sensei_kyle For This Useful Post:
JimmyHAD (05-31-2009)