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View Diary: Stand Your Ground, even if it's not yours, and actually belongs to the people you shoot: GunFAIL LV (100 comments)

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  •  the barboursville shooting is just a mess (1+ / 0-)
    Recommended by:
    mungley

    i don't see a good defense other then mental illness.

    •  This man has managed to make West Virginians ... (1+ / 0-)
      Recommended by:
      patbahn

      ... look even more trigger-happy than Tina Owens, the Jarvisville woman who pled guilty last fall to the involuntary manslaughter of her 11-year-old grandson, who was sleeping soundly in his father's house 600 feet away one night last summer when his grandmother, having thought she heard someone in the bushes outside, opened fire indiscriminately with a .40-caliber pistol (along with her husband), an incident reported here at the time.

      •  how'd she get a misdemeanor. (1+ / 0-)
        Recommended by:
        Smoh

        i'd have given her felony involuntary manslaughter

        there was no intent to kill the child but it was
        Reckless and grossly negligent to shoot at an
        unknown target and especially in the direction
        of housing.

        If you shoot one into the ground, okay, but,
        i'd have given her felony time and that would
        prevent her from keeping a gun, and i'd look for
        3-5 with some amount suspended, but a child is dead
        because of her reckless conduct.

        The Barbourville case is worse though, the shooter,
        with intent shot 2 men on their on property with
        no reasonable basis for self defense.  That's Murder 2 or
        at best murder 3.

        •  I guess because ... (2+ / 0-)
          Recommended by:
          patbahn, Smoh

          ... everyone felt sorry for her and they found the absolutely weakest thing to charge her with that still acknowledged it was a homicide.

          I wouldn't be so forgiving. Cooper's Fourth Law of Firearm Safety is: Always be sure of your target and what is behind it. Firing into the woods at night with occupied dwellings in range in that direction is neither.

          •  i would have insisted on Felony manslaughter. (1+ / 0-)
            Recommended by:
            Smoh

            1) She and her husband had done this before

            2) They were clearly reckless.

            3) that they killed their own grandchild is irrelevant.
            had the strays shots killed a neighbor or a person out for a walk doesn't change the actions.

            •  She pled guilty ... (0+ / 0-)

              ... so none of this could have been offered up at a trial. And frankly, we're talking a small town in WV here. Everybody probably knows everyone else. Maybe they felt she was good people.

              •  any idea what the indictment was? (0+ / 0-)

                i suspect the DA suggested to the Grand Jury for
                misdemeanor manslaughter.

                a felony would mean she could not own a gun
                or vote.

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