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Very interesting.

James

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Store's owner says he fired weapon out of fear

By Tonya Root - troot@thesunnews.com

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CONWAY -- A Myrtle Beach man facing a murder charge told a jury Wednesday, just before the panel began deliberations, that he shot a man out of fear for his own life.

The Horry County jury will continue their deliberations today in the case of Eli Eliyahu, who is accused of shooting to death a customer, Bradley Pope 23, of Myrtle Beach outside a Garden City Beach beachwear store.

The nine-woman, three-man jury stalled Wednesday after deliberating for about an hour. They will resume today when a video expert from Charleston returns to the courtroom to replay a video that was shown during the trial, which began on Monday.






Defendant Eli Eliyahu, center, has a word with his attorney Tommy Brittian, left, just after the last witness testified in his murder trial before Judge Larry Hyman at the Horry County Courthouse. Photos by Tom Murray / tmurray@thesunnews.com

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But before Wednesday's delay Eli Eliyahu testified that he shot Pope June 8, 2007, because he feared for his life after the two had a confrontation in Eliyahu's beachwear store, Jaws Resort Wear in Garden City Beach.

Eliyahu's attorney, Tommy Brittain asked Eliyahu: "Why did you shoot him?"

Eliyahu testified: "I felt my life was threatened. ... I didn't see a weapon, but I didn't know if he had one. I didn't know if he was going to take my weapon. He was angry. He was pissed off."

"I thought I had the right to go out into my parking lot and get the plate information so he would be held accountable for what he did," Eliyahu said. "I was afraid for my life. I thought this man was really going to do some harm on me."

Eliyahu was originally charged with voluntary manslaughter, but later a grand jury returned an indictment for murder after prosecutors sought the upgraded charge.

The 24-year-old Myrtle Beach native told jurors Wednesday that he approached two women with three children and Pope in the store that morning about controlling the children to keep them from harming themselves.

Eliyahu said Pope confronted him, "shoulder bumped" him and then put his hand on Eliyahu's neck and shoved him before the group left the store. That incident was caught on the store's security system and jurors asked to see the video again.

Eliyahu said he immediately called 911 dispatch and followed the family outside to get the license plate number of the vehicle they were leaving in.

Eliyahu said Pope threatened him in the parking lot and charged at him, prompting him to pull a gun from his pants and yell for Pope to leave the property. Eliyahu said Pope charged at him and he shot him.

Eliyahu had a permit to carry a concealed weapon and testified he'd carried the gun for about a year for protection before the incident.

"I wanted to get the pistol to protect myself at nights at the beachwear store. At night you get a different crowd in there. They can be drunk and belligerent. I wanted to protect myself and my employees."

Assistant Solicitor Brad Richardson said Eliyahu had 22 bullets on him when the shooting occurred.

Pope's family members said they are hopeful the jury is reviewing the evidence in the case to return a guilty verdict.

"If it will serve justice I respect the jury's tenacity in getting to the point," said Lloyd Georges, Pope's grandfather.

Eliyahu's other attorney, Preston Brittan, said they are hopeful the jury will review the evidence and find Eliyahu was justified in the incident.

"We're looking to trust the system to work," Brittan said.

Contact TONYA ROOT at 444-1723.
 

HankT

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This case once again proves the wisdom, validity and accuracy of the much heralded HankT's Postulate of Civilian Self-Defense (HPCSD). Here it is for any who may somehow have not been made aware of it, even though it has diffused widely throughout this land:


It is a bad strategy to shoot an unarmed person.


This postulate has never been refuted in all the years of its existence. It is an amazinglyuniversally applicable construction. The instant case of the Eli Eliyahu isbutthe most recentexemplar of HPCSD.

Please, all my brothers and sisters reading this case and this post.....NEVER forget HankT's Postulate of Civilian Self-Defense. You'll be sorry if you do.

HPCSD ALWAYS applies. Just askthis man. :(

6637722_BG1.jpg
 

DocV

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Assistant Solicitor Brad Richardson said Eliyahu had 22 bullets on him when the shooting occurred.

Full magazine in the gun and 1 reload....why is the AS trying to make it sound so egregious? Sounds pretty commonsense to me...:?
 

HankT

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DocV wrote:
Assistant Solicitor Brad Richardson said Eliyahu had 22 bullets on him when the shooting occurred.

Full magazine in the gun and 1 reload....why is the AS trying to make it sound so egregious? Sounds pretty commonsense to me...:?

As published, it seems like a statement of fact. A pretty flat statement of fact. I think you're inferring too much.
 

DocV

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HankT wrote:
DocV wrote:
Assistant Solicitor Brad Richardson said Eliyahu had 22 bullets on him when the shooting occurred.

Full magazine in the gun and 1 reload....why is the AS trying to make it sound so egregious? Sounds pretty commonsense to me...:?

As published, it seems like a statement of fact. A pretty flat statement of fact. I think you're inferring too much.

You are correct. It is a statement of fact.It stood out because that was the only statement made by the AS that was quoted by the reporter. Sooooo.....



Full magazine in the gun and 1 reload....why is thereporter ...:cool:
 

HankT

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Here's some more info about ole Eli. Very interesting...

Bad strategy...these guys that use bad strategies make it worse for my 2A rights. :cuss:





Trial delayed in 2007 Garden City beachwear store killing

By Jody Barr
WBTW News 13 Reporter
Published: May 19, 2009

The co-owner of the Jaws Beachwear store in Garden City was scheduled to stand trial Tuesday in Conway on murder charges, but a delay has pushed the trial back to the week of June 8, according to 15th Circuit assistant solicitor Brad Richardson.

On June 8, 2007, Horry County Police charged Eliyahu with voluntary manslaughter in the shooting death of Samuel Bradley Pope in the store’s parking lot.

On Oct. 25, 2007, a Horry County grand jury indicted Eliyahu on voluntary manslaughter charges, but Richardson had the charge upgraded to murder.

Investigators said Pope and Eliyahu started arguing inside the store and Pope walked out of the store to leave where Eliyahu followed him outside, then shot him to death.

In August 2008, settlements totaling $925,000 were filed with the Horry County court, stemming from the June 2007 shooting.

In the wrongful death suit, Pope’s family’s attorney claimed in the suit filed Oct. 15, 2007 that Eliyahu “burst from the store carrying a gun,” and that Eliyahu’s father David Eliyahu, who owns the store, “Knew or had reason to know of the necessity and opportunity to control Defendant Eli Eliyahu, including prior acts of violent behavior toward customers by Defendant Eli Eliyahu.”

The Pope’s attorney claimed in the suit that the Eliyahus failed to properly supervise Eli Eliyahu and that the family was at fault by, “Using nepotism as a hiring practice to employ a violent child versus the most qualified individual.”

The Eliyahu’s insurance company settled the suit, which paid Brad Pope’s wife, two young children, and Pope’s cousin who witnessed the killing.

The suit states that in settling the lawsuit, the Eliyahu family is not admitting liability in the killing.

Eliyahu, was released from the J. Reuben Long Detention Center on June 11, 2007 on a $40,000 bond and ordered to home detention with an electronic monitor and allowed to leave his home between 8 a.m. and 6 p.m. for work and religious purposes only.

On June 12, 2007 Myrtle Beach Police received a call that Eliyahu and his father were at the Highway 501 Enterprise rental car business, trying to rent a car.

Police stopped Eliyahu and his father in Broadway Street in Myrtle Beach a few minutes later.

Inside Eliyahu’s Cadillac Escalade, police found packed luggage, but Eliyahu’s lawyer denied prosecutor’s claims that he planned to leave the country, at his bond violation hearing on June 13.

At the June 13, 2007 hearing a judge raised Eliyahu’s bond to $80,000 and ordered him to wear a GPS monitoring system that would allow the sheriff’s office to track his every move.

http://www.scnow.com/scp/news/local/grand_strand/article/trial_delayed_in_2007_garden_city_beachwear_store_killing/51231/
 

HankT

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James wrote:

Whew! Lucky for Eliyahu that he didn't leave before the miracle happened...


Eliyahu, was released from the J. Reuben Long Detention Center on June 11, 2007 on a $40,000 bond and ordered to home detention with an electronic monitor and allowed to leave his home between 8 a.m. and 6 p.m. for work and religious purposes only.

On June 12, 2007 Myrtle Beach Police received a call that Eliyahu and his father were at the Highway 501 Enterprise rental car business, trying to rent a car.

Police stopped Eliyahu and his father in Broadway Street in Myrtle Beach a few minutes later.

Inside Eliyahu’s Cadillac Escalade, police found packed luggage, but Eliyahu’s lawyer denied prosecutor’s claims that he planned to leave the country, at his bond violation hearing on June 13.


At the June 13, 2007 hearing a judge raised Eliyahu’s bond to $80,000 and ordered him to wear a GPS monitoring system that would allow the sheriff’s office to track his every move.

 

HankT

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Thundar wrote:
HankT wrote:
It is a bad strategy to shoot an unarmed person.
What the %$& do you know about strategy troll?

I know it cost the Eliyahus over a million bucks for young Eli to shoot an unarmed person, violating HPCSD.

And I bet he got charged a full day for rental car...

On June 12, 2007 Myrtle Beach Police received a call that Eliyahu and his father were at the Highway 501 Enterprise rental car business, trying to rent a car.

Police stopped Eliyahu and his father in Broadway Street in Myrtle Beach a few minutes later.

Inside Eliyahu’s Cadillac Escalade, police found packed luggage, but Eliyahu’s lawyer denied prosecutor’s claims that he planned to leave the country, at his bond violation hearing on June 13.
 
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