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VA chp holder charged in philly shooting

mrjam2jab

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Court Document


01/18/2010 Preliminary Arraignment - Not Final
1 / Criminal Attempt Murder 18§901§§A -- Proceed to Court
2 / Aggravated Assault 18§2702§§A -- Proceed to Court
3 / Firearms Not To Be Carried W/O License 18§6106§§A1 -- Proceed to Court
4 / Carry Firearms Public In Phila 18§6108 -- Proceed to Court
5 / Poss Instrument Of Crime W/Int 18§907§§A -- Proceed to Court
6 / Simple Assault 18§2701§§A -- Proceed to Court
7 / Recklessly Endangering Another Person 18§2705 -- Proceed to Court

3,4 and 5 shouldn't even be considered...he was perfectly legal.
 

peter nap

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nuc65 wrote:
virginiatuck wrote:
The thing that bothers me is that the media has already decided who the victim was. The writers and editors should learn that anyone charged with a crime is innocent until proven guilty in a court of law.
I thought the media always told an unbiased version of the story so that we poor sheeples could know in advance what the truth is?
That's Fox News :(
 

TFred

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Jonesy wrote:
$200,000 bail, 10% cash. I hope he can afford a good lawyer. This is interesting, I want to follow this one for sure.
I would think a 3rd year law student, getting ready to graduate would have access to ample legal counsel. But what do I know?

I guess it will tell an interesting tale to see if he does have support from his school community.

TFred
 

peter nap

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TFred wrote:
Jonesy wrote:
$200,000 bail, 10% cash. I hope he can afford a good lawyer. This is interesting, I want to follow this one for sure.
I would think a 3rd year law student, getting ready to graduate would have access to ample legal counsel. But what do I know?

I guess it will tell an interesting tale to see if he does have support from his school community.

TFred
Either that or he thinks he can go it alone.
 

sccrref

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virginiatuck wrote:
The thing that bothers me is that the media has already decided who the victim was. The writers and editors should learn that anyone charged with a crime is innocent until proven guilty in a court of law.
They already know this. The problem they have with it is that it does not sell enough papers and does not support their liberal view that guns are bad. If they convict the shooter from the git go, it is a win -win for them.
 

TFred

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One thing caught my eye... the author of this report claims that several news reports have said the gun was recovered several miles away at the Ung's home.

Seems rather odd, since he was arrested on the spot. All I've ever read about being involved in a self-defense shooting is to hand the gun over to the cops as soon as they show up.

TFred
 

Grapeshot

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peter nap wrote:
TFred wrote:
Jonesy wrote:
$200,000 bail, 10% cash. I hope he can afford a good lawyer. This is interesting, I want to follow this one for sure.
I would think a 3rd year law student, getting ready to graduate would have access to ample legal counsel. But what do I know?

I guess it will tell an interesting tale to see if he does have support from his school community.

TFred
Either that or he thinks he can go it alone.
I haven't checked yet, but willing to bet that PaFOA is all over this.
http://www.pafoa.org/

Yata hey

Yep - heavy on their forum:
http://search.pafoa.org/?q=Gerald+Ung&cx=007881557900955372104:vrvbtifxywe
 

paramedic70002

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TFred wrote:
One thing caught my eye... the author of this report claims that several news reports have said the gun was recovered several miles away at the Ung's home.

Seems rather odd, since he was arrested on the spot. All I've ever read about being involved in a self-defense shooting is to hand the gun over to the cops as soon as they show up.

TFred
If at his direction his GF took the gun home prior to the LEOs showing up that changes a lot. Shows guilt on the part of the shooter. Strange stuff.
 

Citizen

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Grapeshot wrote:
marshaul wrote:
Civilization coddles genes which really have no business existing, and contribute negatively to the life expectancy of their bearer.
Yellow flag thrown. Major violation - Severe understatement - loss of post and fifteen yards. :D

Yata hey
Penalty over-ruledafter video re-play! It is a very apt statement. :p
 

simmonsjoe

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peter nap wrote:
TFred wrote:
scarletwahoo wrote: But how do you know they will stop "within inches"?

TFred
You don't Fred!
Coulda, shoulda, woulda....You can't shoot everyone that looks like they may kill you. You would spend a lot of time cleaning your gun.

When things start going west far enough, shoot him. Until then, leave it in the holster.
From what I saw, a group with only one really getting too close for comfort were moving in on a fellow, not to rob him or murder him.

He bumped one while he was putting on a Jock Show in yankee land and I can almost hear the comments now.

"What the fawk you think yur doin"
Regardless on whether you would have drawn your gun or not, the second the asshat attempted to GRAB YOUR GUN you would have shot him. He left him no other option at that point.
 

Grapeshot

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simmonsjoe wrote:
Regardless on whether you would have drawn your gun or not, the second the asshat attempted to GRAB YOUR GUN you would have shot him. He left him no other option at that point.
You always have the choice of becoming the victim............................or not.

Yata hey
 

nuc65

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http://www.philly.com/philly/news/homepage/82139677.html?cmpid=15585797
...Supervisors at the Police Department's Central Detectives and Public Affairs divisions said that the incident remains under investigation and that a motive has not been determined beyond an argument that preceded the shooting.
Meehan said that 30 witnesses were present at the time of the shooting, including five of DiDonato's friends.
"Nobody has an explanation," he said. "Apparently, one of his [DiDonato's] friends did a chin-up on the scaffolding and this gentleman took exception."
Fox 29, whose surveillance videos caught the shooting on tape, reported that Ung was rushed by a group of people and that "when the video is slowed down, the shooting victim can be seen delivering punches even as the gun is discharging."
Lt. Frank Vanore, police spokesman, said that Ung waited at the scene and approached the first officer who arrived.
A gun, believed to be the weapon used in the shooting, was recovered from the scene, Vanore said.
Fox reported that Ung had a permit to carry a concealed weapon, issued to him in his home state of Virginiayet one of the charges against Ung, along with attempted murder, is firearms not to be carried without a license, according to court records.
Vanore said that he was not allowed to comment on whether Ung had a permit to carry a concealed weapon, due to a confidentiality clause within gun permit laws.
... (In VA?)

Has anyone checked with the courthouse where Ung is from in VA to see if he has a valid CHP?
 

Grapeshot

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nuc65 wrote:
http://www.philly.com/philly/news/homepage/82139677.html?cmpid=15585797
...Supervisors at the Police Department's Central Detectives and Public Affairs divisions said that the incident remains under investigation and that a motive has not been determined beyond an argument that preceded the shooting.
Meehan said that 30 witnesses were present at the time of the shooting, including five of DiDonato's friends.
"Nobody has an explanation," he said. "Apparently, one of his [DiDonato's] friends did a chin-up on the scaffolding and this gentleman took exception."
Fox 29, whose surveillance videos caught the shooting on tape, reported that Ung was rushed by a group of people and that "when the video is slowed down, the shooting victim can be seen delivering punches even as the gun is discharging."
Lt. Frank Vanore, police spokesman, said that Ung waited at the scene and approached the first officer who arrived.
A gun, believed to be the weapon used in the shooting, was recovered from the scene, Vanore said.
snip...)
Here is a direct conflict with previous report that he sent his gf home with the gun.

So much "chatter" and unconfirmed "reports" - we'll just have to wait a bit.

Yata hey
 

virginiatuck

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nuc65 wrote:
http://www.philly.com/philly/news/homepage/82139677.html?cmpid=15585797
...Supervisors at the Police Department's Central Detectives and Public Affairs divisions said that the incident remains under investigation and that a motive has not been determined beyond an argument that preceded the shooting.
Meehan said that 30 witnesses were present at the time of the shooting, including five of DiDonato's friends.
"Nobody has an explanation," he said. "Apparently, one of his [DiDonato's] friends did a chin-up on the scaffolding and this gentleman took exception."
Fox 29, whose surveillance videos caught the shooting on tape, reported that Ung was rushed by a group of people and that "when the video is slowed down, the shooting victim can be seen delivering punches even as the gun is discharging."
Lt. Frank Vanore, police spokesman, said that Ung waited at the scene and approached the first officer who arrived.
A gun, believed to be the weapon used in the shooting, was recovered from the scene, Vanore said.
Fox reported that Ung had a permit to carry a concealed weapon, issued to him in his home state of Virginiayet one of the charges against Ung, along with attempted murder, is firearms not to be carried without a license, according to court records.
Vanore said that he was not allowed to comment on whether Ung had a permit to carry a concealed weapon, due to a confidentiality clause within gun permit laws.
... (In VA?)

Has anyone checked with the courthouse where Ung is from in VA to see if he has a valid CHP?
I don't know where he's from, so I haven't checked.

18 Pa.C.S. § 6109: Licenses
<snip>
(l) Firearms License Validation System.-- (1) The Pennsylvania State Police shall establish a nationwide toll- free telephone number, known as the Firearms License Validation System, which shall be operational seven days a week, 24 hours per day, for the purpose of responding to law enforcement inquiries regarding the validity of any Pennsylvania license to carry a firearm. (2) Notwithstanding any other law regarding the confidentiality of information, inquiries to the Firearms License Validation System regarding the validity of any Pennsylvania license to carry a firearm may only be made by law enforcement personnel acting within the scope of their official duties. (3) Law enforcement personnel outside this Commonwealth shall provide their originating agency identifier number and the license number of the license to carry a firearm which is the subject of the inquiry. (4) Responses to inquiries by law enforcement personnel outside this Commonwealth shall be limited to the name of the licensee, the validity of the license and any information which may be provided to a criminal justice agency pursuant to Chapter 91 (relating to criminal history record information).

And from 18.2-308(K)
<snip>
The State Police shall withhold from public disclosure permittee information submitted to the State Police for purposes of entry into the Virginia Criminal Information Network, except that such information shall not be withheld from any law-enforcement agency, officer, or authorized agent thereof acting in the performance of official law-enforcement duties, nor shall such information be withheld from an entity that has a valid contract with any local, state, or federal law-enforcement agency for the purpose of performing official duties of the law-enforcement agency. However, nothing in this subsection shall be construed to prohibit the release of (a) records by the State Police concerning permits issued to nonresidents of the Commonwealth pursuant to subsection P1, or (b) statistical summaries, abstracts, or other records containing information in an aggregate form that does not identify any individual permittees.
 

TFred

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This story does paint a much better legal picture for Ung.

I don't recall off the top of my head what Pennsylvania's law is on releasing info on permit holders. In Virginia, the State Police may not release the information, but as noted, unless or until HB79 becomes law, one may go to the local court clerk's office and find out.

TFred
 

TFred

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Duct Tape Alert!

This guy is already convicted in the press:

Family: Old City Shooting Victim 'Hero'
Critically-Wounded Victim To Have More Surgery

PHILADELPHIA - A recent college graduate is clinging to life following the Old City shooting caught on tape outside Fox 29's studios over the weekend.

On Wednesday, the family of 23-year-old Eddie DiDonato spoke out publicly for the first time and called him a hero.

"The fact that Eddie is alive is a true miracle," said Gina Rubel, a spokeswoman for DiDonato's family.

The La Salle College High School and Villanova University graduate was still listed in critical condition Wednesday at Thomas Jefferson University Hospital.

Fox 29's security cameras caught the violence at Fourth and Market streets on tape around 2:30 a.m.

DiDonato and a group of friends were playing around doing chin-ups, according to the family spokeswoman, after they'd been out earlier in Old City.

That's when the surveillance cameras captured shooting suspect Gerald Ung – a Temple University law student – walking and bumping DiDonato's group.

DiDonato and friends followed him, the video shows, and police said Ung pulled out a gun.

Family says that's when DiDonato stepped toward Ung, protecting his friends

Police said Ung fired multiple times.

"We want everyone to know that Eddie is our hero. He stepped in front of his two friends when they were presented with a .38-caliber gun that was being pointed at them. He took two bullets to the chest from four-and-a-half feet away, and within six seconds he was shot six times.

DiDonato has one more surgery, and that's scheduled for Thursday. Fox 29 News is told he is alert, talking and told his family he does remember the shooting.

Ung's first court appearance is scheduled for Monday.
 

nuc65

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I haven't figured it out yet, but I am firmly convinced that all these other people watched a different video than I did. It's either that our they are all seriously whacked!
 

peter nap

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nuc65 wrote:
I haven't figured it out yet, but I am firmly convinced that all these other people watched a different video than I did. It's either that our they are all seriously whacked!
Northerners are on a higher astral plane, than us yokels.:what:
 

Jonesy

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paramedic70002 wrote:
TFred wrote:
One thing caught my eye... the author of this report claims that several news reports have said the gun was recovered several miles away at the Ung's home.

Seems rather odd, since he was arrested on the spot. All I've ever read about being involved in a self-defense shooting is to hand the gun over to the cops as soon as they show up.

TFred
If at his direction his GF took the gun home prior to the LEOs showing up that changes a lot. Shows guilt on the part of the shooter. Strange stuff.
Some of the members over there (http://www.pafoa.org/)
don't seem to have a clue as to what circumstances would allow the use of lethal force as justified self defense. You would think most people would have enough common sense to study the law a little bit before carrying a weapon. And all the jumping to conclusions when the video doesn't show what led up to this imho does not present enough evidence to determine whether the shooting is justified. The evidence should come out in court if it gets that far.
 
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