This makes no sense

yyz

Under .500
Forum Member
Mar 16, 2000
42,020
1,623
113
On the course!
I was reading about a jewelry store armed robbery gone bad. Long story short, guy pulls gun, security guard shoots at him, misses, and kills lady who worked there.

Now, the robber is also wanted for murder. WTF?

I have no sympathy for criminals, but how is an inept security dweeb's shooting of his co-worker the criminal's fault? I guess I could buy it if there was a hail of gunfire going on, but that's not the case.

:shrug:
 

hedman

Paid Poster
Forum Member
Dec 8, 2004
2,292
140
0
SouthDakota
I was reading about a jewelry store armed robbery gone bad. Long story short, guy pulls gun, security guard shoots at him, misses, and kills lady who worked there.

Now, the robber is also wanted for murder. WTF?

I have no sympathy for criminals, but how is an inept security dweeb's shooting of his co-worker the criminal's fault? I guess I could buy it if there was a hail of gunfire going on, but that's not the case.

:shrug:

Felony Murder - if someone dies during the commencement of a Felony the defendant could be liable for that death whether it was intentional or accidental.

This was a question on my criminal law test - 1st year Law school - dont remember a lot of the facts - it was 2000 - but the Felony Murder rule extends very wide and broad.
 

yyz

Under .500
Forum Member
Mar 16, 2000
42,020
1,623
113
On the course!
Felony Murder - if someone dies during the commencement of a Felony the defendant could be liable for that death whether it was intentional or accidental.

This was a question on my criminal law test - 1st year Law school - dont remember a lot of the facts - it was 2000 - but the Felony Murder rule extends very wide and broad.

So, let's say that I witness a carjacking at gunpoint on a busy city street. Now, I can just whip out my Glock and mow down 9 people and say, "Don't look at me! I was trying to stop that felon!"

I can't buy all that. At some level I have to account for what I did.
 

BleedDodgerBlue

Admin
Forum Member
Feb 12, 2004
7,383
82
0
49
los angeles
So, let's say that I witness a carjacking at gunpoint on a busy city street. Now, I can just whip out my Glock and mow down 9 people and say, "Don't look at me! I was trying to stop that felon!"

I can't buy all that. At some level I have to account for what I did.

of course you'd be liable. The interpretation of the law means that the guy carjacking would also be liable for the people that you killed. It has nothing to do with limiting your liability in the scenario you presented.
 

yyz

Under .500
Forum Member
Mar 16, 2000
42,020
1,623
113
On the course!
of course you'd be liable. The interpretation of the law means that the guy carjacking would also be liable for the people that you killed. It has nothing to do with limiting your liability in the scenario you presented.


But the security guard is off the hook? Why? It's his JOB to know where his shots are going.
 

BleedDodgerBlue

Admin
Forum Member
Feb 12, 2004
7,383
82
0
49
los angeles
your original post said the robber is also wanted for murder. ALSO. I assumed that meant the security guard was as well. Made no mention of security guard getting off. But there are provisions in some states where you have the right to defend your business (employment) much like your home. You spraying shots with your glock isn't defending any property of yours. A lawyer could answer better than me. All i know about that statute is that if you are commuting a felony and something else goes shit wrong by someone other than yourself you are still liable. Maybe a lawyer can chime in for clarification.
 
Bet on MyBookie
Top