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Richmond Grand Jury indicts Eric G. Driver for defending car and girlfriend

Repeater

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Man accused of shooting car break-in thief indicted for second-degree murder

A Richmond man was indicted today on a second-degree murder charge for shooting and killing someone who was breaking into his girlfriend's car in the city's Church Hill neighborhood.

A grand jury indicted Eric G. Driver, 25, of the 500 block of North 22nd Street, in the shooting death of Jamall Holman, 24, on April 22. The grand jury issued indictments against Driver today for second-degree murder and felonious use of a firearm in the shooting of Holman, who lived in the 1700 block of Forest Glen Road in Henrico County.

Richmond prosecutors say Driver crossed the line by shooting Holman three times to protect property. His defense attorney, John W. Luxton, has argued that Dixon reacted instinctively because his girlfriend was frightened and thought she was in danger.

Luxton could not be reached for comment today.
This is a follow up to this story:

Authorities won’t say if Leigh Street shooting victim was armed

This is so unfortunate. Apparently, Herring is still pissed that he lost the Baskin-Robbins case. As he stated earlier:

If someone’s stealing your property, call the police.
Seems he will try harder this time to get a conviction. Or a plea deal.
 

GWRedDragon

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Repeater wrote:
As he stated earlier:

If someone’s stealing your property, call the police.
The idea that I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. It would be nice if they could change this someday. In the meantime the police will just have to deal with it :?

There are plenty of other states where you can legally use deadly force to protect property.
 

Wolf_shadow

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Repeater wrote:
Man accused of shooting car break-in thief indicted for second-degree murder

A Richmond man was indicted today on a second-degree murder charge for shooting and killing someone who was breaking into his girlfriend's car in the city's Church Hill neighborhood.

A grand jury indicted Eric G. Driver, 25, of the 500 block of North 22nd Street, in the shooting death of Jamall Holman, 24, on April 22. The grand jury issued indictments against Driver today for second-degree murder and felonious use of a firearm in the shooting of Holman, who lived in the 1700 block of Forest Glen Road in Henrico County.

Richmond prosecutors say Driver crossed the line by shooting Holman three times to protect property. His defense attorney, John W. Luxton, has argued that Dixon reacted instinctively because his girlfriend was frightened and thought she was in danger.

Luxton could not be reached for comment today.
This is a follow up to this story:

Authorities won’t say if Leigh Street shooting victim was armed

This is so unfortunate. Apparently, Herring is still pissed that he lost the Baskin-Robbins case. As he stated earlier:

If someone’s stealing your property, call the police.
Seems he will try harder this time to get a conviction. Or a plea deal.
Do you have a link? I missed this.
 

Repeater

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Wolf_shadow wrote:
This is a follow up to this story:

Authorities won’t say if Leigh Street shooting victim was armed
This is so unfortunate. Apparently, Herring is still pissed that he lost the Baskin-Robbins case. As he stated earlier:

If someone’s stealing your property, call the police.
Seems he will try harder this time to get a conviction. Or a plea deal.
Do you have a link? I missed this.
Herring was interviewed back in April on a local TV station, either WTVR or WWBT, and it was clear that he did not approve of the outcome in the Baskin-Robbins case.
 

kenny

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The CA is doing the job the people elected him to do. He is not the Judge or Jury. Anyone who knows anything about the Grand Jury system knows that is is a one-sided dog and pony show. Law is law and evidence is evidence but a jury in Richmond hearing a brother on brother crime who knows. If the shooter is squeaky clean he will be acquitted, if not he will still walk. Either way the CA has done his job.
 

LEO 229

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Learn from the mistakes of others....

Do not kill people over property.

Taking a life should be reserved to save the life of another.. not their property.

Enough said.


"I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. "

Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
 

peter nap

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kenny wrote:
The CA is doing the job the people elected him to do. He is not the Judge or Jury. Anyone who knows anything about the Grand Jury system knows that is is a one-sided dog and pony show. Law is law and evidence is evidence but a jury in Richmond hearing a brother on brother crime who knows. If the shooter is squeaky clean he will be acquitted, if not he will still walk. Either way the CA has done his job.

I have to agree with Kenny!
Considering the number of times the fellow was shot and since it appears to be a car theft only, it was almost certain that the Grand Jury would indict him.

Commonwealth Attorneys seem like mad dogs and in some cases are...but that's why it's called an adversarial system.
 

StacyN

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"The idea that I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. It would be nice if they could change this someday. In the meantime the police will just have to deal with it :?

There are plenty of other states where you can legally use deadly force to protect property."



Good Luck even getting the police to show up for a car break in. If you're really nice they might take a report over the phone when the criminal is all done.
 

GWRedDragon

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LEO 229 wrote:
Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
Are you are allowed to draw on someone breaking into a car?
 

DKSuddeth

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LEO 229 wrote:
Learn from the mistakes of others....

Do not kill people over property.

Taking a life should be reserved to save the life of another.. not their property.

Enough said.


"I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. "

Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
LEO, I have no doubt that you would pull your weapon and draw on someone breaking in to your vehicle. You might not shoot, especially if said break in individual turned and ran away, but if they ran towards you, you would shoot.

I can appreciate your sentiment, but don't sit here and blow the proverbial smoke by saying you wouldn't shoot someone over property, because it would eventually lead to that at some point.
 

LEO 229

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GWRedDragon wrote:
LEO 229 wrote:
Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
Are you are allowed to draw on someone breaking into a car?

Drawing down and shooting someone are two different things.

Just shooting someone three times for breaking into a car and making a girlfriend "scared" is a bit much.

This is why a true bill was issued at the grand jury for MURDER!
 

LEO 229

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DKSuddeth wrote:
LEO 229 wrote:
Learn from the mistakes of others....

Do not kill people over property.

Taking a life should be reserved to save the life of another.. not their property.

Enough said.


"I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. "

Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
LEO, I have no doubt that you would pull your weapon and draw on someone breaking in to your vehicle. You might not shoot, especially if said break in individual turned and ran away, but if they ran towards you, you would shoot.

I can appreciate your sentiment, but don't sit here and blow the proverbial smoke by saying you wouldn't shoot someone over property, because it would eventually lead to that at some point.
Would I draw dawn? Sure. I have no idea if the guy is armed while i am attempting to make an arrest. I would not just go execute him for breaking into a car... even mine.

I did not read in the story that the guy breaking into the car ran at the boyfriend... did you? Please stop working the story to fix a result you want. This changes things from a break in to a possible attack.

So don't assume you know what I would do. I only said to learn from the mistakes of others. If you want to go shoot people over property... that is your choice. I will see you in court too.
 

kenny

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As I said earlier it appears there may have been a struggle.
http://www.nbc12.com/Global/story.asp?S=10648279&nav=menu128_2

A witness nearby is the one who said Driver was chasing the BG. Nothing was said on who this witness was or how credible they are. I know the neighborhood well and all I can think of is some guy yelling "$hit yea I seen the whole thing, I was walking down the street minding my own business."

One thing for sure none knows here what happened because we were not there. Let the system run its course and hope for the best.
 

Citizen

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Neplusultra wrote:
SNIP If an unarmed man is in a struggle with you trying to take your gun does that justify deadly force ???
Depends on whether he or you are the aggressor, I should think. If you are the aggressor, his taking the gun is self-defense.

If he is the aggressor, the bad guy may in a few moments come into possession of the "Ability"prong of AOJ.

Massad Ayoob talks about this in his video Judicious Use of Deadly Force.Whether hereaches for a nearby table to pickup a gun lying there, or takes a gun out of your hands, he is about toaquirea deadly weapon. As Ayoob points out, you can safely assume he is not an itinerant S&W armorerwanting to give your gun a free inspection.

Thisnext pointis mine, not Ayoob's video. If he is taking it from you,I would certainly assume he intends to use it on you. He's not running away with it. He didn't need it to run away beforehe tried to take it from you. In my mind, even if he hasn't done anything else to establish Jeopardy/Intent, you cannot afford to wait and see if he is going to escalate to deadly force after he has the gun.

Of course, the rest of lethal force law applies. Are in a place you had a right to be? Did you bringon the hostilities by starting the fight verbally or physically? Are you in a state where you were required to retreat if safe to do so? Etc.
 

LEO 229

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Exactly....

If you pick the fight and then go for your gun when you are getting your ass whooped... You might find yourself in a bit of a pickle.

Obviously... if you are armed... be responsible and try to avoid trouble... Do not start is because you have "backup" with you. ;)
 

DKSuddeth

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LEO 229 wrote:
DKSuddeth wrote:
LEO 229 wrote:
Learn from the mistakes of others....

Do not kill people over property.

Taking a life should be reserved to save the life of another.. not their property.

Enough said.


"I am not allowed to use deadly force to protect my property, yet the police ARE has always seemed strange to me. "

Since I do not deploy deadly force against others that break into cars... please show me the Virginia law you speak of that permits the police to kill you over property.
LEO, I have no doubt that you would pull your weapon and draw on someone breaking in to your vehicle. You might not shoot, especially if said break in individual turned and ran away, but if they ran towards you, you would shoot.

I can appreciate your sentiment, but don't sit here and blow the proverbial smoke by saying you wouldn't shoot someone over property, because it would eventually lead to that at some point.
Would I draw dawn? Sure. I have no idea if the guy is armed while i am attempting to make an arrest. I would not just go execute him for breaking into a car... even mine.

I did not read in the story that the guy breaking into the car ran at the boyfriend... did you? Please stop working the story to fix a result you want. This changes things from a break in to a possible attack.

So don't assume you know what I would do. I only said to learn from the mistakes of others. If you want to go shoot people over property... that is your choice. I will see you in court too.
again, I didn't say you would shoot him, but you would draw on him. I may or may not shoot someone over them stealing my property (depends on what the property is) but you won't see me in court over it because I have that protection of the law in the state of TX.
 
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