Responsible for every bullet... 8.5 years in prison

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Responsible for every bullet... 8.5 years in prison

Postby Bruenor » Tue Sep 12, 2017 6:42 pm

Know your target and whats beyond, know when and how you can legally apply force. ... ling-case/
The incident, which occurred last November, happened just after Tobin was getting out of the shower and saw his Jeep leaving his driveway. Retrieving his .40-caliber Glock, Tobin fired at the departing vehicle from his porch until he ran out of ammunition. Pierce County deputies were called a brief time later to a home two blocks away from the man’s residence, where Green was found shot in the head in her sleep.

Detectives discovered a bullet hole in the window of Green’s home that faced Tobin’s porch and numerous “strike marks” on the front of her residence as well as her next-door neighbor’s home.

Prosecutor Mark Lindquist pointed out that Washington law doesn’t allow the use of deadly force to protect property.

“He did intend to pull the trigger,” said Judge Timothy Ashcraft. “When you do that, you have to accept the consequences as to where that bullet ends up.”
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Re: Responsible for every bullet... 8.5 years in prison

Postby evan price » Wed Sep 13, 2017 2:05 pm

Here is an exercise in thought:
I read in the article that they recovered the stolen Jeep but the thief is unknown.
Lets say they identify the thief and arrest him or her.
Would the thief be tried for murder?
The death occurred as a result of the crime of auto theft.

Really curious, any thoughts?
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Re: Responsible for every bullet... 8.5 years in prison

Postby westsidebestside » Wed Sep 13, 2017 2:40 pm

Hopefully, he can share a cell with the shooter.
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Re: Responsible for every bullet... 8.5 years in prison

Postby DontTreadOnMe » Wed Sep 13, 2017 2:46 pm

The rules on felony murder vary from state to state. This was in Washington (state, not DC) and their rules specifically appliy to deaths caused by one of the participants in the crime. So in this case I'd say no.

RCW 9A.32.050
Murder in the second degree.
(1) A person is guilty of murder in the second degree when:
(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
(b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants
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