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Thread: AL SD Shooter Acquitted Of Murder Charge

  1. #1
    State Researcher HankT's Avatar
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    Here's another case.

    Good shoot? Self-defense? Overreaction? Murder?

    If it was a good shoot, why does the guy run away and ditch the guns?






    Defendant in Midtown murder case wins acquittal

    Friday, August 28, 2009

    By GARY McELROY
    Staff Reporter

    Christopher Cunningham, who claimed self-defense after shooting Daniel McGee eight times with two revolvers, was acquitted of murder Thursday by a Mobile jury.

    The not guilty verdict followed nearly five hours of deliberations over two days.

    "It is always sad when someone dies this way," defense attorney Jeff Deen said after the verdict. "But unfortunately, the deceased brought the problem on himself, and Christopher, just like anyone else in this country, has the right to defend himself when he reasonably believes someone is about to kill or seriously injure him."

    According to testimony before Circuit Judge Robert Smith, McGee died March 28, 2008, when Cunningham fired at least eight shots from two .38-caliber pistols during a confrontation at a small Midtown apartment complex near the intersection of Florida and Emogene streets.

    Cunningham, an offshore worker by trade, testified that prior to the shooting, McGee often physically threatened him and demanded money that Cunningham didn't owe.

    Cunningham said that on the day of the shooting, McGee struck him with a pistol while vowing to kill him.

    Cunningham, 27, had never been in trouble with the law, Deen told jurors.

    Throughout the trial, Assistant District Attorney Ashley Rich argued that Cunningham was in no way justified in killing McGee, even after the victim "slapped" him right before the shooting.

    The two pistols involved were found within a few blocks, where Cunningham had tossed them, he said, after panicking and driving away.

    According to forensics testimony, one of the pistols was traced to a 1983 purchase by Cunningham's grandfather.

    The other pistol was traced back to an Arizona gun dealer.

    It was that gun, Deen argued, that McGee used to threaten Cunningham.

    After emptying his own gun, Cunningham said, he started firing McGee's.


    http://bama.live.advance.net/news/pr...xml&coll=3



    Prosecution: Murder over $20 debt
    Tuesday, August 25, 2009
    By GARY McELROY
    Staff Reporter

    On a Friday night in 2008, Christopher Cunningham shot Daniel McGee eight times with two pistols over a $20 debt, prosecutors said Monday as Cunningham's Mobile murder trial began.

    McGee, 25, was hit twice in the head, three times in the chest and once in the back, along with other wounds, Assistant District Attorney Ashley Rich told jurors.

    Rich said McGee had been owed the $20, although she did not explain why.

    But defense lawyer Jeff Deen said the $20 was far from a debt. Instead, he suggested that McGee was a neighborhood "bully" who demanded that Cunningham pay for "the right to live" in a small apartment complex near the intersection of Emogene and Florida streets.

    Deen described Cunningham, 27, as a "peaceful, law-abiding citizen" who shot McGee in self-defense.

    Rich acknowledged that McGee slapped Cunningham with his hand. But the slap did not justify killing McGee, and the multiple gunshots were no example of self-defense, the prosecutor said.

    The shooting occurred about 7 p.m. March 28, 2008.

    Deen said that McGee was harassing Cunningham earlier that afternoon.

    Cunningham ignored the taunts, Deen said, but later grew worried when he went out for a doctor's appointment. He said that Cunningham retrieved a .38-caliber pistol from a storage unit.

    As he returned from the appointment, Deen said, McGee approached wielding his own .38-caliber revolver and struck him with it through the window of the sport utility vehicle that Cunningham was driving.

    When Cunningham fired at McGee, Deen said, McGee's gun dropped inside the SUV. In a panic, he said, the defendant picked it up and kept firing.

    Cunningham drove off, surrendering to police a few days later.

    Cunningham tossed the two guns, Rich said, but investigators quickly found them, one along nearby railroad tracks and the other near the intersection of Florida and Dauphin streets.

    The trial before Circuit Judge Robert Smith was expected to conclude today.



    http://www.al.com/news/press-registe...xml&coll=3








  2. #2
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    Wow.. interesting case. The details divulged seem kinda vaigue. Not sure I could make a decision based on that.

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    State Researcher HankT's Avatar
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    ethernetweb wrote:
    Wow.. interesting case. The details divulged seem kinda vaigue. Not sure I could make a decision based on that.
    I agree that there aren't many reported details.

    Of course, we can tell that the dispute and the offenses were not worth a shootout.

    I think that McGee was likely agoof with a gun. Cunningham? Maybe, but I don't think so.

    I think he was a goof after the shooting, that's for sure.

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    Regular Member buster81's Avatar
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    I smell a new postulate coming on. Never use two revolvers to shoot a man.

  5. #5
    State Researcher HankT's Avatar
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    buster81 wrote:
    I smell a new postulate coming on. Never use two revolvers to shoot a man.
    Nah. S'OK.







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    --

    From the picture, I would say that the new postulate should be:

    "It's always a bad strategy to wear corduroy to a gunfight."

    Joel

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    Why the fella ran and ditched the pistols, is kinda wierd, but obviously there must have been more people to give accounts of the neighborhood bully or it's best to just take no prisoners, then there's no conflict in the accounts of what ,why and how the event unfolded..

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    Carnivore wrote:
    SNIP Why the fella ran and ditched the pistols, is kinda wierd,...
    Dig in to Massad Ayoobs writings, you'll find that from time to time, some people do flee when they are not guilty. I think he mentioned fear of police or fear of prosecution.

    Apparently, flight just for those reasons is gaining recognition at law. Courts still allow the prosecution to introduce the age-old concept that flightsignifies a guilty mind, but it seems rebuttable now. Darned if I can recall where I read that, though. Or distinguish between what I read and what I concluded from the reading. Best to just take it as a suggestion that these points might exist until you confirm it for yourself.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    Dig in to Massad Ayoobs writings, you'll find that from time to time, some people do flee when they are not guilty. I think he mentioned fear of police or fear of prosecution.

    Apparently, flight just for those reasons is gaining recognition at law. Courts still allow the prosecution to introduce the age-old concept that flightsignifies a guilty mind, but it seems rebuttable now. Darned if I can recall where I read that, though. Or distinguish between what I read and what I concluded from the reading. Best to just take it as a suggestion that these points might exist until you confirm it for yourself.
    Can't compare Massad Ayoob with Ms. Hank. Mass has been there and done that rather than just sit behind his computer and postulate.

    Postulate: Something assumed without proof as being self-evident or generally accepted, especially when used as a basis for an argument.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member shad0wfax's Avatar
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    HankT wrote:
    Here's another case.

    Good shoot? Self-defense? Overreaction? Murder?

    If it was a good shoot, why does the guy run away and ditch the guns?



    Defendant in Midtown murder case wins acquittal

    [SNIP]
    It was a good shoot because the Jury said so.

    Next case please.

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    HankT wrote:
    ethernetweb wrote:
    Wow.. interesting case. The details divulged seem kinda vaigue. Not sure I could make a decision based on that.
    I agree that there aren't many reported details.

    Of course, we can tell that the dispute and the offenses were not worth a shootout.

    I think that McGee was likely agoof with a gun. Cunningham? Maybe, but I don't think so.

    I think he was a goof after the shooting, that's for sure.
    gotta feed the troll just this once.
    hankt don't bother responding to this, as I am trolling you thread, and will not return to respond to you.

    how is it that you think the dispute and offenses were not worth a shootout? the article states, and it seems to be accepted here, that the dead guy struck the shooter with a handgun, through the window of the vehicle the shooter was occupying, seems to me that would constitute a legitimate threat to life, therefore, the offense WAS worth a shooting.

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    shad0wfax wrote:
    SNIP Next case please.
    Aaaaaaaaaaaaaaaaaah! Ican'tbelieve you askedfor that!




    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  13. #13
    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    shad0wfax wrote:
    SNIP Next case please.
    Aaaaaaaaaaaaaaaaaah! Ican'tbelieve you askedfor that!

    I can easily if the next case is .45 APC DPX or HST.

    BTW - Correct spelling is aaaaaaaaaaagh!

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Grapeshot wrote:
    Citizen wrote:
    shad0wfax wrote:
    SNIP Next case please.
    Aaaaaaaaaaaaaaaaaah! Ican'tbelieve you askedfor that!

    BTW - Correct spelling is aaaaaaaaaaagh!

    Yata hey
    Depends on whether you're quoting Charlie Brown or Calvin from Calvin & Hobbes.


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

  15. #15
    Regular Member shad0wfax's Avatar
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    Citizen wrote:
    Grapeshot wrote:
    Citizen wrote:
    shad0wfax wrote:
    SNIP Next case please.
    Aaaaaaaaaaaaaaaaaah! Ican'tbelieve you askedfor that!

    BTW - Correct spelling is aaaaaaaaaaagh!

    Yata hey
    Depends on whether you're quoting Charlie Brown or Calvin from Calvin & Hobbes.

    Or Monty Python and the monster at the Castle Aaaaaaaagh. "No no, it's from the back of the throat..."


    Sorry Citizen, sometimes it's fun to mess with HankT a lil' bit.

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    "If it was a good shoot, why does the guy run away and ditch the guns?"



    Fear?

    Someone once put it to me like this, "justice? Who cares about justice. We’re in the business of being a deterrent."

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    Regular Member MSC 45ACP's Avatar
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    daniel kelly wrote:
    "If it was a good shoot, why does the guy run away and ditch the guns?"



    Fear?

    Someone once put it to me like this, "justice? Who cares about justice. We’re in the business of being a deterrent."
    This phrase has always bothered me: "Good shoot"...

    Is it good that a human life has been taken? Was there no other alternative?

    In this case, maybe not. Perhaps we could be less callous and simply say "justified shooting" rather than "good shoot". Even in justifiable homicide, there are still consequences; lifelong consequences most of us never even consider.

    Nightmares, feelings of guilt, difficulty adjusting to "normal" life after the event, forever wondering if you could have done something different that would change the outcome, wondering if you did the right thing. Post tramatic stress is real. Fortunately, it is treatable and survivable.

    This silly phrase "good shoot" reminds me of my "childhood" as a young EMT. I'm sure a few of you know what I'm talking about. Adreneline junkies that enjoy the danger of putting out fires and pulling trapped victims from twisted wreckage of automobile accidents often use the phrase "a good call". We used to think a good call was measured in the amount of blood we had to clean from the back of the ambulance, or the number of mangled cars involved in a traffic accident, or worse: the number of victims involved and the number of emergency vehicles needed to take care of business.

    I learned a while later that a "good call" was one where we were able to help someone in a bad situation, possibly even saving lives, but not revelling in their misery.

    Was this a "good shoot"? Of course not. Was it Justifiable Homicide?Probably.
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  18. #18
    Moderator / Administrator Grapeshot's Avatar
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    MSC 45ACP wrote:
    daniel kelly wrote:
    "If it was a good shoot, why does the guy run away and ditch the guns?"



    Fear?

    Someone once put it to me like this, "justice? Who cares about justice. We’re in the business of being a deterrent."
    This phrase has always bothered me: "Good shoot"...

    Is it good that a human life has been taken? Was there no other alternative?

    In this case, maybe not. Perhaps we could be less callous and simply say "justified shooting" rather than "good shoot". Even in justifiable homicide, there are still consequences; lifelong consequences most of us never even consider.

    Nightmares, feelings of guilt, difficulty adjusting to "normal" life after the event, forever wondering if you could have done something different that would change the outcome, wondering if you did the right thing. Post tramatic stress is real. Fortunately, it is treatable and survivable.

    This silly phrase "good shoot" reminds me of my "childhood" as a young EMT. I'm sure a few of you know what I'm talking about. Adreneline junkies that enjoy the danger of putting out fires and pulling trapped victims from twisted wreckage of automobile accidents often use the phrase "a good call". We used to think a good call was measured in the amount of blood we had to clean from the back of the ambulance, or the number of mangled cars involved in a traffic accident, or worse: the number of victims involved and the number of emergency vehicles needed to take care of business.

    I learned a while later that a "good call" was one where we were able to help someone in a bad situation, possibly even saving lives, but not revelling in their misery.

    Was this a "good shoot"? Of course not. Was it Justifiable Homicide?Probably.
    +1

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  19. #19
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    I'd say justified. He threatened to kill him, he had the means to kill him (the gun in the hand) and he slapped him.

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    Some guy approaches me with a gun in his hand, and he has threatened me in the past, and then raises his gun towards me in ANY fashion that resembles anything other than a gift or an apology,I'm gonna do everything in my powerto stop him from harming me.

    The jury saw the situation for what it was, and made the right call.

  21. #21
    Moderator / Administrator Grapeshot's Avatar
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    Pagan wrote:
    Some guy approaches me with a gun in his hand, and he has threatened me in the past, and then raises his gun towards me in ANY fashion that resembles anything other than a gift or an apology, I am going to everything in my power to stop him from harming me.

    The jury saw the situation for what it was, and made the right call.
    Fixed it for you, my way.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  22. #22
    Regular Member MSC 45ACP's Avatar
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    Grapeshot wrote:
    Pagan wrote:
    Some guy approaches me with a gun in his hand, and he has threatened me in the past, and then raises his gun towards me in ANY fashion that resembles anything other than a gift or an apology, I am going to everything in my power to stop him from harming me.

    The jury saw the situation for what it was, and made the right call.
    Fixed it for you, my way.

    Yata hey
    +1 Those are the words you need to use in court and when you are questioned.

    "I did what I did to keep him from harming me" (and/or my family, others, etc).


    You NEVER shoot to kill or wound. You are shooting to STOP the person from harming yourself or others. Remembering those words may be the difference between a cell and yourliving roomthat night.

    If you shoot to kill or worse, to wound, you better BOHICA because you screwed up!
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    MSC 45ACP wrote:
    Grapeshot wrote:
    Pagan wrote:
    Some guy approaches me with a gun in his hand, and he has threatened me in the past, and then raises his gun towards me in ANY fashion that resembles anything other than a gift or an apology, I am going to everything in my power to stop him from harming me.

    The jury saw the situation for what it was, and made the right call.
    Fixed it for you, my way.

    Yata hey
    +1 Those are the words you need to use in court and when you are questioned.

    "I did what I did to keep him from harming me" (and/or my family, others, etc).


    You NEVER shoot to kill or wound. You are shooting to STOP the person from harming yourself or others. Remembering those words may be the difference between a cell and yourliving roomthat night.

    If you shoot to kill or worse, to wound, you better BOHICA because you screwed up!
    Equally as important, your words/postings here on OCDO "can and will be used against you."

    You only have to google someones screen name to find reference to their quotes. A good attorney will get this in discovery. Don't allow your words to potentially bite you in the a$$.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  24. #24
    Regular Member MSC 45ACP's Avatar
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    Well-put, Grapeshot. I wonder if that happened tothe kid in Lousy-anna? I read some of his posts and it seems he was looking for trouble at times. Some folks just walk around with a chip on their shoulders.


    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  25. #25
    State Researcher HankT's Avatar
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    Grapeshot wrote:
    MSC 45ACP wrote:
    Grapeshot wrote:
    Pagan wrote:
    Some guy approaches me with a gun in his hand, and he has threatened me in the past, and then raises his gun towards me in ANY fashion that resembles anything other than a gift or an apology, I am going to everything in my power to stop him from harming me.

    The jury saw the situation for what it was, and made the right call.
    Fixed it for you, my way.

    Yata hey
    +1 Those are the words you need to use in court and when you are questioned.

    "I did what I did to keep him from harming me" (and/or my family, others, etc).

    You NEVER shoot to kill or wound. You are shooting to STOP the person from harming yourself or others. Remembering those words may be the difference between a cell and yourliving roomthat night.

    If you shoot to kill or worse, to wound, you better BOHICA because you screwed up!
    Equally as important, your words/postings here on OCDO "can and will be used against you."

    You only have to google someones screen name to find reference to their quotes. A good attorney will get this in discovery. Don't allow your words to potentially bite you in the a$$.

    I wonder if there is a copy of Pagan's original post's wording is in the forum's database.....?

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