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Guy shot for entering driveway ~ shooter gets no jail time

davidmcbeth

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Primus

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http://www.wsbtv.com/news/news/local/gwinnett-co-man-pleads-guilty-driveway-shooting/nh8r5/

And a question from the father of the deceased:

During the hearing, Diaz addressed the court saying he still had two questions. He asked why Sailors used a bullet which he claims is particularly lethal.

Does that Q? need an answer?

GPS ... another GPS related death.

Sad but the landowner should be able to protect his land and himself.
12mths probation and fine. Not too shabby.
 

Lord Sega

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Jul 10, 2010
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Warrenton, Oregon
I have some problems with this shooting incident...

I'm Googling to find more info, if anyone has links to the evidence, reports, scene photos (of the driveway, etc) please link.

1) Warning shot, almost never a good thing.
2) Was there a threat? Did the driver try to run him over as the shooter says? A different article says the car was at the end on the driveway. Any evidence either way?
3) "... used a bullet which he claims is particularly lethal." ??? .22 pistol... hollow point ?!?
4) Plea deal that reduced a murder charge to misdemeanor charge of involuntary manslaughter and spared the homeowner any jail time. Why? If there is evidence of the driver accelerating at the shooter then it should be even lower or better yet charges dropped, BUT if there is evidence the driver did not accelerate or present a real plausible deadly / serious injury threat then it should not be dealt down to a misdemeanor.
5) Very surprised that the prosecutor did not make sure the plea deal was at least a felony, even with little or no jail time, in order to take away the shooters 2A.

6) not relevant to the shooting, but... driver was 22 years old, girlfriend of 7 months is 17. Does this bother anyone else??? Bugs me as a parent of 2 girls, 12 & 17 years old.

A stranger(s) pulling into my driveway, sure I would "investigate" / see if they need help or directions. Being armed (in holster) while making contact, sure, because you never know what might happen. But from what I have found so far on the internet (always taken with a grain of salt), I don't see a threat to the shooter at the level to draw, point, and shoot (maybe draw to hold low ready), but especially with a warning shot? This guy got lucky with the plea deal and IMO he "jumped the gun" costing the family the loss of a loved one.

NOTE: upon new / different evidence or logical argument my opinion can change, but at this point IMHO... bad shoot.
 

bc.cruiser

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Apr 2, 2011
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786
Location
Fayetteville NC
And now if Mr. Sailors turns into my yard my defense to shooting him is that he has a history of unwarranted gun violence. I was in fear of my life.
 

skidmark

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