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Thread: Waterside garage shooter gets 90 days, $2,500 fine

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    http://hamptonroads.com/2010/01/wate...days-2500-fine


    By Michelle Washington
    The Virginian-Pilot
    © January 23, 2010
    NORFOLK

    A jury found the man accused of murder in a March shooting at the Waterside parking garage guilty of unlawful wounding Friday, and sentenced him to serve 90 days in jail and pay a $2,500 fine.

    Reginald Royals Jr., 25, was acquitted of all other charges, including the second-degree murder charge in the death of Juan Carlos Ovalle, 26.

    Ovalle died from a single gunshot wound to the head. Ovalle's friend, Marcus McGee, was shot five times. It was for that shooting that Royals was convicted.

    The sentence means that Royals, in custody since the shooting, was released Friday night, according to the Sheriff's Office.

    "All I want to say is, God is good," said Royals' mother, Jacquelyn Royals, after hearing the sentence.

    The verdict and sentence concluded an emotional three-day trial during which dozens of friends and family members for both sides crowded the courtroom.

    Prosecutor Megan Zwisohn told jurors from the beginning that the case was not about good versus evil.

    Both Royals and Ovalle were hard-working men who had never been in trouble. Both had legally purchased handguns for which they had concealed-weapons permits.

    Both men had their guns in the parking garage at Waterside. Their cars bumped as bar patrons left the area around closing time March 22.

    The incident escalated to a fistfight.

    Royals testified Thursday that he had not been the aggressor in the confrontation and that Ovalle had brandished his gun.

    Royals said Ovalle and McGee attacked him and that he only pulled his own gun because he believed Ovalle reached for his.

    During his sentencing hearing, Royals thanked jurors for listening to him.

    "You had my life in your hands," Royals said. "I never imagined in my whole life that anything like this would happen. I would never wish this on anyone. I wish things could have turned out totally different."

    McGee testified that he had lost his job and his apartment in the months following the shooting, because he was mentally unable to work. All five bullets remain in his body.

    Many in Ovalle's family cried after the verdict acquitting Royals of murder.

    Outside the courtroom, his sister-in-law, Karen Ovalle, said the family would not stay for the sentencing.

    "We can't keep our composure in court," Karen Ovalle said. She stood with her husband, Juan Carlos' brother, Manuel.

    "We're going to be crying," said Juan Carlos Ovalle's sister, Belkis Ovalle. "We can't believe that it's happening."

    Royals' friends and family held hands as they awaited the verdict. There were gasps and tears when it was announced. Royals' mother hugged his lawyer, Jeffrey Swartz.

    Swartz gathered Royals' clothes to take to his mother. Royals would return to the jail to complete the paperwork that would set him free.

    "Although there's relief, there's no joy here," Swartz said. "Reggie's family understands that a man is dead and another shot. Reggie will have to live with the decision he was forced to make in the blink of an eye."
    Revelation 1911 - And I saw heaven opened, and behold a white horse; and he that sat upon him was called Faithful and True, and in righteousness he doth judge and make war.

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    Regular Member ODA 226's Avatar
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    I wonder if any of these fine gentlemen were under the influence?????
    Bitka Sve Reava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

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    Regular Member ChinChin's Avatar
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    "People getting into fender benders will resort to gun battles." The anti crowd must be creaming their pants over this one. The fact that they were both CHP owners doesn't help.

    It sounds to me like this was a bad combonation of youth, pride, testosterone and firearms. Their actions does the rest of us a disservice.
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    mobeewan wrote:
    The incident escalated to a fistfight.

    Royals testified Thursday that he had not been the aggressor in the confrontation and that Ovalle had brandished his gun.

    Royals said Ovalle and McGee attacked him and that he only pulled his own gun because he believed Ovalle reached for his.
    Q: What's worse than a goof with a gun?

    A: Two goofs, eachwith a gun.



    I think Royals caught himself a big break.



    ChinChin wrote:
    "People getting into fender benders will resort to gun battles." The anti crowd must be creaming their pants over this one. The fact that they were both CHP owners doesn't help.
    And we thought the antis were wrong....

    What were we thinking?

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    Here you go:

    http://hamptonroads.com/2010/01/shoo...arage-shooting

    "A toxicologist testified that Ovalle and McGee had enough alcohol in their systems to be considered legally intoxicated. The legal limit for driving is 0.08; Ovalle's blood-alcohol concentration was 0.17 and McGee's about 0.11."

    It is odd that they didn't do/or didn't mentiona BAC on Royals.

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    Regular Member 45acpForMe's Avatar
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    mobeewan wrote:
    All five bullets remain in his body.
    WTF, was he holding onto them for evidence? All five can't be in inoperable locations can they?

    The whole incident isa shame. Lives have ended and been changed forever because people couldn't hold their temper.

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    Regular Member 2a4all's Avatar
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    45acpForMe wrote:
    mobeewan wrote:
    All five bullets remain in his body.
    WTF, was he holding onto them for evidence? All five can't be in inoperable locations can they?

    The whole incident isa shame. Lives have ended and been changed forever because people couldn't hold their temper (or their liquor).
    "A toxicologist testified that Ovalle and McGee had enough alcohol in their systems to be considered legally intoxicated. The legal limit for driving is 0.08; Ovalle's blood-alcohol concentration was 0.17 and McGee's about 0.11."

    So what is the legal limit for PWI (Packing While Intoxicated) anyway?
    A law-abiding citizen should be able to carry his personal protection firearm anywhere that an armed criminal might go.

    Member VCDL, NRA

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    He caught a BIG break.

    Puts a different spin on that other thread about drinking while carrying...but doesn't change my mind.

    And I have to say that anyone who gets into a fight over a fender bender is NOT the kind of guy I would want carrying around me.

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    Activist Member nuc65's Avatar
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    2a4all wrote
    "A toxicologist testified that Ovalle and McGee had enough alcohol in their systems to be considered legally intoxicated. The legal limit for driving is 0.08; Ovalle's blood-alcohol concentration was 0.17 and McGee's about 0.11."

    So what is the legal limit for PWI (Packing While Intoxicated) anyway?
    18.2-308
    J1. Any person permitted to carry a concealed handgun, who is under the influence of alcohol or illegal drugs while carrying such handgun in a public place, shall be guilty of a Class 1 misdemeanor. Conviction of any of the following offenses shall be prima facie evidence, subject to rebuttal, that the person is "under the influence" for purposes of this section: manslaughter in violation of § 18.2-36.1, maiming in violation of § 18.2-51.4, driving while intoxicated in violation of § 18.2-266, public intoxication in violation of § 18.2-388, or driving while intoxicated in violation of § 46.2-341.24. Upon such conviction that court shall revoke the person's permit for a concealed handgun and promptly notify the issuing circuit court. A person convicted of a violation of this subsection shall be ineligible to apply for a concealed handgun permit for a period of five years.

    I don't know about open carry but the statute only says under the influence so maybe it's at the discretion of the LEO, which I read don't have any alcohol in your system.

    There is also this for hunting:
    § 18.2-285. Hunting with firearms while under influence of intoxicant or narcotic drug; penalty.
    It shall be unlawful for any person to hunt wildlife with a firearm, bow and arrow, or crossbow in the Commonwealth of Virginia while he is (i) under the influence of alcohol; (ii) under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree that impairs his ability to hunt with a firearm, bow and arrow, or crossbow safely; or (iii) under the combined influence of alcohol and any drug or drugs to a degree that impairs his ability to hunt with a firearm, bow and arrow, or crossbow safely. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Conservation police officers, sheriffs and all other law-enforcement officers shall enforce the provisions of this section.






    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

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    2a4all wrote:
    SNIP "A toxicologist testified that Ovalle and McGee had enough alcohol in their systems to be considered legally intoxicated. The legal limit for driving is 0.08; Ovalle's blood-alcohol concentration was 0.17 and McGee's about 0.11."
    So, what is all the fuss about?

    Obviously, the gun fight prevented them fromdriving drunk and injuring an innocent person.

    The headline should have read: Two CHP-holders prevent drunk driving!

    "Your honor, I knew he was drunk and was about to get behind the wheel of that 1500lb deadlyweapon and jeapordize innocent lives. I acted in defense of others."



    Knuckleheads. However, I don't think their statistically rare occurrence is something to be worried about from a 2A-rights point of view. In fact, it may be a sign that things are advancing nicely. There was a time it was real unlikely two CHP holders would meet in public,with or withouthostility. This sort of thing is going to happen sooner or later.


    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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