Showing posts with label immediate arrest. Show all posts
Showing posts with label immediate arrest. Show all posts

Monday, April 6, 2015

Forensic Evidence Doesn’t Match Story. Result: Homicide Charges

from ssgmarkcr

 I came upon this while dropping by the Ammoland.com site and thought it would be a good example of both the capabilities of forensic science and also the time spans involved in processing it.  Here is the ammoland.com site,


"Two years ago, in May of 2013, James George Stiffler shot a man who was burglarizing his home in Lewis and Clark County, Montana. The burglar, Henry Tomas Johnson of Helena, managed to make it to his car, but died before being able to leave the property. The case illustrates the ability of forensic science to determine details of what happened."
"But investigators were unable to find any blood in the house, or a bullet or bullet holes, even though the bullet had exited Johnson’s body. They did find a 9 mm bullet outside with DNA that matched Johnson. The bullet location was consistent with a shot fired by Stiffler while inside the house, at Johnson as he was exiting a window, and indicated a different direction of fire than what Stiffler had stated."


    The author of this first article made some very good points on effective alternatives,

"Stiffler made three mistakes:

(1) He did not block or disable the criminal’s car to prevent escape.

(2) Bigger mistake: He entered the house instead of letting the police do it.

(3) Biggest mistake of all: He lied to the police.

However, when a home intruder is “trying to escape,” he may be running to get a weapon. In that respect the murder charge looks bogus to me."

While the Ammoland gives an overview of the case, I would encourage everyone to go to the original loacal news article because it gives IMHO an excellent description of how the forensic evidence helped them arrive at the truth, but also how law enforcement checks a witness statement against what the physical evidence tells them.

 

    And as the Ammoland article mentions, there is still an opportunity to use a Castle Doctrine defense, though it might be a hard sell to a jury in light of his telling quite the story to police.  In fact, I wonder if there are any accompanying obstruction charges that havn't been mentioned.

    This is also a wonderful example of a reporter going the extra mile to write a good story instead of just puking out a slightly rewritten version of a police press release. 



Thursday, February 5, 2015

Wisconsin Accidental Shooting - Immediate Arrest

 
Christopher L. Jackson Jr.


Local news

A man who told police that he accidentally shot a friend through the seat of a car Friday after he dropped a gun was charged Tuesday with first-degree reckless injury.

Christopher L. Jackson Jr., 20, of Fitchburg, also was charged with carrying a concealed weapon and possession of a firearm by a person adjudged delinquent of a felony.

According to a criminal complaint, Jackson was in the back seat of a car in the parking lot of Auto Zone, 4627 Verona Road, when, he told police, he dropped a gun he was carrying, causing it to go off when it hit the floor of the car. He denied pulling the trigger on the gun, the complaint states.

According to the complaint:

Jackson told police that after the gun went off, his friend Adonis Sarrios-Reyes, 20, who was struck by a bullet, screamed and told Jackson, “You shot me bro,” and asked him to call an ambulance.

But Jackson said he was “panicking,” and told the driver of the car, Darryl Gobermann, to call the ambulance because he had to leave. Jackson ran, but was arrested a short time later by Fitchburg police.

Thursday, December 11, 2014

Florida Woman Killed in Accidental Shooting - Boyfriend Arrested Immediately


Edison Garcia-Muniz


Local news reports with video

Deputies said the victim's longterm boyfriend, 33-year-old Edison Garcia-Muniz, was at Shiflet's house, and they were handling his gun when it went off. Garcia-Muniz has been charged with manslaughter.
"He indicated that he didn't know it was loaded at the time. He's been very cooperative with us at this point," said sheriff's office spokeswoman Kim Cannaday.
Let's see, what could account for the immediate arrest?
1. being Hispanic
2. long braided hair
3. neck and facial tattoos
4. not being in Texas where they have the amazing 7-day-rule

Saturday, November 8, 2014

Virginia Man Charged in Accidental Shooting


Adam Robertson

Local news reports

Police charged a Bedford man who they say accidentally shot the mother of his child in front of their baby.
Adam Robertson, 21, is charged with firing inside an occupied dwelling and child neglect.
Police say Robertson thought the gun was unloaded when he racked the slide, pointed it, and pulled the trigger.  They say the incident happened Saturday night on Bills Road.
Police say a round fired and hit Kimberly Kurz, 20,  in the cheek and exited through her neck.
Police say Kurz was able to talk to officers and told them it was an accident.
The couple's 9-month-old son was not hurt.