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Thread: GA LAC With CWP Self-Defends Against Gangsta Rapper Thug

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    State Researcher HankT's Avatar
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    Aubrey Louis Berry, a college-educated music marketing guy, a law abiding citizen who had a CWP for his carried gun, successfully defended himself against a menacing and threateningrapper thug, Dolla. The jury has now ruled in Berry's favor.

    Dolla don't be layin' down no rhymes no mo'.





    Man acquitted in rapper's shooting death
    Aubrey Berry said he fired at Dolla at the Beverly Center in Los Angeles in self-defense.
    By Jack Leonard, Los Angeles Times

    May 22, 2010

    A man who shot and killed an up-and-coming rapper at the Beverly Center last year was acquitted of murder Friday in a case that focused in part on the victim's violence-laced gangsta rap lyrics.

    Aubrey Berry, 24, was hugged by his defense attorney as the last of the not guilty verdicts was read in a downtown Los Angeles courtroom. Friends and family of rapper Dolla, whose real name was Roderick Anthony Burton II, wailed and sobbed in the audience.

    "Obviously, what happened on May 18, 2009, was a horrible tragedy for everyone," Superior Court Judge Michael E. Pastor told the lawyers in court. "The jurors have spoken."

    Berry testified last week that he opened fire in self-defense in the parking garage of the upscale mall. He said Burton, 21, threatened to kill him near the valet desk and reached toward his back as though he were drawing a gun. Police found no weapon on Burton, who was shot once in the left biceps and three times in the back.

    Berry testified that Burton had been part of a group of men who kicked and punched him 11 days earlier at an Atlanta nightclub.

    Minutes before the shooting, the two men saw each other again while dining separately at P.F. Chang's in the Beverly Center. Berry said he left the restaurant in fear and watched Burton leave a minute later and run at him.

    Berry had a concealed handgun on his hip, a weapon he said he routinely carried after being the victim of several violent crimes. He had a permit to carry the firearm in Georgia and other states but said he did not realize the permit did not apply to California.

    Jurors deliberated less than two days before rejecting murder or manslaughter charges in Burton's death and assault charges in which Berry was accused of firing at two men who were with Burton at the time of the shooting. Only Burton was struck by gunfire.

    Outside court, defense attorney Howard R. Price hailed the jury for carefully weighing the evidence and faulted the district attorney's office for pursuing the shooting as a murder, calling the decision "absurd."

    "This is clearly a case of justice being done," he said.

    During the trial, Berry told jurors he had learned about Burton through online research after the Atlanta assault. He said he viewed an Internet video in which Burton stood with alleged gang members and boasted about breaking a man's jaw. And he listened to one of Burton's songs in which the rapper glorified gangs and bragged about always carrying a gun.

    Price described Burton as a violent gang member and played both the video and the song — "Is You Holdin'?" — during closing arguments this week. He said they showed that Berry was justified in fearing for his life when he shot Burton.

    "His music is horrendous, offensive," Price said Friday as he waited for his client to leave court. "I don't think he engendered any sympathy."

    Deputy Dist. Atty. Bobby Grace said he was disappointed by the verdict but felt prosecutors presented a compelling case. He said he was unsure whether the rap lyrics swayed the jury.

    "You'd hate to think that was the tipping point," he said outside court.

    Jurors told the judge they did not want to speak to reporters and were escorted from the courthouse through a secure exit.

    Prosecutors argued during the trial that Burton's music was irrelevant. They said his lyrics were simply entertainment: part of a gangsta rap genre that went mainstream years ago. And they accused the defense of victimizing Burton again by characterizing him as a thug.

    Prosecutors told jurors that Berry was lying about the shooting and argued that ballistics and blood evidence showed the singer was running away when the fatal shots into his back were fired.

    But Price disagreed, saying Burton was stationary and posing a threat when he was shot. The lawyer said the ordeal of the last year had taken a toll on his client, who was housed in isolation in jail to ensure his safety from gang members.

    Price said he believed that Berry, who had no criminal record, was the key to his own acquittal.

    "He was such a lovable, likable person that I think people understood and accepted his version," Price said. "Aubrey could never have won this case if the jury did not believe him."

    http://www.latimes.com/news/local/la...,3526281.story


    Calif. jury acquits man in killing of rapper
    By SOLVEJ SCHOU (AP) – 16 hours ago

    LOS ANGELES — A jury acquitted a man Friday of killing up-and-coming Atlanta rapper Dolla during a shooting last year at a crowded, upscale Los Angeles mall.

    Jurors rejected prosecutors' contentions that the killing of Dolla, whose real name was Roderick Anthony Burton II, was a callous act of apparent revenge.

    Burton and his accused shooter, Aubrey Louis Berry, had been involved in a fight at an Atlanta club less than two weeks before the shooting last May.

    Berry's attorney had contended the shooting was an act of self-defense, emphasizing that Burton — a protege of hip-hop artist Akon — glorified a violent gangster lifestyle in his rap lyrics and online videos.

    Berry, who has remained jailed since the May 18, 2009, shooting, hugged his attorney but was otherwise unemotional after the verdict.

    Burton's mother, Dayna Robinson, sobbed.

    "Oh please, somebody help me," Robinson said, as she and other family members filed out of the courtroom.

    Deputy District Attorney Bobby Grace painted Berry as a killer who methodically aimed at Burton during the shooting, then ordered a valet to retrieve his rented sport utility vehicle while still clutching his gun.

    In his closing arguments Monday, Grace claimed Berry had no remorse.

    "Defendant Berry murdered Roderick Burton in cold blood, then tried to escape to Atlanta," Grace said.

    Berry brought the gun to a business lunch at the mall. The men spotted each other at a restaurant and exchanged words in the valet area. It was then, Grace said, that Berry pulled his weapon and used it "as an instrument of death in a symphony of violence."

    Grace said Berry drove around Burton as he was dying and began to plot his escape.

    Defense Attorney Howard Price, however, painted a very different picture of Berry, who was soft-spoken last week as he testified about a series of incidents that led up to the shooting.

    The college-educated Berry said he worked in commercial marketing, in the music industry, and "never killed anything" growing up. Price portrayed Burton, conversely, as someone who proclaimed a violent streak, bragging in his lyrics about carrying guns, singing "You be running when I shoot, I be shooting where you running" in one tune.

    Price said Berry opened fire because Burton threatened to kill him and he feared he had a gun. The 24-year-old Atlanta resident was fearful because he believed the rapper had gang ties.

    The jury on Friday found Berry not guilty of first degree murder and all other charges, including assault with a firearm.

    Grace looked dazed after the verdict was read.

    "Obviously, I'm disappointed," he told reporters.

    When asked about Burton's gangster image, Grace said he hoped that wasn't the tipping point for the jurors.

    "I would hate to think that the jurors' decision was based solely on lyrics," he said. "It appears they believed what the defendant had to say."

    http://www.google.com/hostednews/ap/...LVsogD9FROMHG0




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    Some here have contended that what you write will not affect a jury. In this case, the jury used the dead man's (I hesitate to call him a "victim") words against him. However, it is a small step to seeing how one's words here can be used against a defendant by a jury.

    In another observation, the defendant's demeanor seemed to be helpful to him. I urge all OCers to maintain their cool at all times (especially when dealing with LEOs). Not only will this help you should you have to draw and fire, it helps the whole community not look like a bunch of nuts.

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    Regular Member paramedic70002's Avatar
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    Wow. Carrying an 'illegal' gun and attempting to flee, and he was acquitted. Remarkable.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    What is a GA LAC?

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    Mike wrote:
    What is a GA LAC?
    GA= Georgia

    LAC = Lawfully Armed Citizen
    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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    LAC is also used for law abiding citizen.

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    Citizen wrote:
    Mike wrote:
    What is a GA LAC?
    GA= Georgia

    LAC = Lawfully Armed Citizen
    And the gernal public would know this by, how?

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    Mike wrote:
    Citizen wrote:
    Mike wrote:
    What is a GA LAC?
    GA= Georgia

    LAC = Lawfully Armed Citizen
    And the gernal public would know this by, how?

    They wouldn't. Heck, I didn't, either, and I'm a pro-gun guy.

    I don't think it originated on this forum. Probably those separatist OCers who made their own forum in Michigan or PA.

    But, you have a good point. We should steer clear of using abbreviations and acronyms.

    By the way, what is a Super Moderator? (Sorry, couldn't resist )

    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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    Citizen wrote:
    By the way, what is a Super Moderator? (Sorry, couldn't resist )

    It's like Wile E. Coyote, Suuuuper Genius!

    [flash=320,256]http://www.youtube.com/v/STeVTzWelns&hl=en_US&fs=1&[/flash]

    I think "Law Abiding Citizen" pretty much originated, or was popularized, by the NRA. They like to use that term to show how gun owners are law-abiding and thus penalizing them is wrong, and of course we lazy internet users have to make an acronym for everything.

    Mike's right to try to squelch overuse of arcane terms and jargon, though. Makes the site less accessible to the public.


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    One less piece of **** on the streets.

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    protector84 wrote:
    One less piece of @#$% on the streets.
    I didn't realize Wile E. Coyote was so unpopular.
    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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    Regular Member okboomer's Avatar
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    "Friends and family of rapper Dolla, whose real name was Roderick Anthony Burton II, wailed and sobbed in the audience."

    Of course they did ...
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    okboomer wrote:
    "Friends and family of rapper Dolla, whose real name was Roderick Anthony Burton II, wailed and sobbed in the audience."

    Of course they did ...
    I wonder if they lamented at all his "singing" about thuggery with a gun. I suppose not.

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    live like a punk, die like a punk

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    Do ya feel lucky? Well do ya? Punk!
    This punk wasn't so lucky!

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    Well he wanted to live a thug life, my guess he did not think to hard in how the ending the thug life typical ends.
    Last edited by zack991; 12-02-2010 at 11:37 AM.
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    That mall was a ghetto mall years back. This would be normal

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    Quote Originally Posted by Ivan Sample View Post
    Give me a ******* break, this guy was shot in his back three times. How do the hell you call that justice and plus carrying illegal in Calfornia. Justice was not serve here and he should have been convicted-do to the fact that this person was fleeing after been shot in the upper body area. That was enough right there-to shoot someone in the back three times is crazy. This guy who did the shooting is a punk!
    That may be the case, but a jury of his peers said not guilty, again the attackers flaw was not getting shot but the fact he wanted a confrontation with him by following him into the parking lot. If you so stupid in trying to go after a man you beat up before in an attempt to do it again, you deserve every bullet you get. Way to may of these thugs seem to think they can dress like a thug, act like a thug and make music selling that criminal lifestyle and yet their family is surprised they die the typical lifestyle. Again you and I where not jumped by buddies and we will never know how he felt when he chased after him the second time.
    Last edited by zack991; 12-02-2010 at 12:44 PM.

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    Quote Originally Posted by Ivan Sample View Post
    this guy was shot in his back three times. How do the hell you call that justice and plus carrying illegal in Calfornia.
    The attacker was also struck in the left bicep, which could have turned him sideways or completely around before the next several shots struck.

    A jury said this was justice, letting the defender go on with his life with no punishment (beyond being dragged through the "justice system"). Sounds reasonable to me. Wish the DA would have been ordered to pay his legal bills, etc.

    Apparently the jury members also think the CA gun laws are asinine and saw that in this case if the victim hadn't been carrying (and probably if he hadn't been carrying concealed) he would have been beat up again (at a minimum).

    3 on 1 would make me think that he might even have been killed in this second attack. Broad daylight, with multiple witnesses (to them leaving the restaurant, as well as at the valet station), yet the thug tried to attack anyway. Shows me that society is better off without his violent self.

    That being said, how in the h3|| did Berry not know that CA doesn't allow citizens to have guns, let alone that CA concealed carry permits are rarer than moon rocks?
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    Regular Member Dreamer's Avatar
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    What's surprising isn't that the jury aquitted him of the murder charge-it's that the DA ddn't also pursue a litany of weapons violations...

    I wonder if GA will pull this guys permit as a result of this incident?
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    I have never been in such a situation, but it is not my plan to fire a single shot, and then check the outcome before firing again. It's going to be at least three shots, and I will keep firing until I am convinced that the threat has ended. No one should be expected to defend himself in a foolish way.

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    Quote Originally Posted by Ivan Sample View Post
    Since we do we go around taking shots at fleeing suspect-LEO doesn't do things like that.
    Thats not true, The US Supreme Court decided this issue in Tennessee v. Garner (1984).

    Prior to the Garner case, police could shoot a fleeing suspect that had committed a felony. However, since the Garner decision, police can not shoot a fleeing suspect unless allowing him to escape is a danger to society.

    Again in my state i know for a fact that I can not continue to fire(non leo) when they are no longer a threat, and I am sure its close to if not the same across the country for civilians. From my understanding even as a armed guard(OPOTA & Homeland Security) I don't have the ability to shoot a fleeing suspect either
    Last edited by zack991; 12-02-2010 at 10:14 PM.

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    It amazes me how much detail you were able to glean from an article or two, yet the jury that heard all the testimony couldn't come to the same brilliant conclusion. I yield to your mastery of conclusion-jumping.



    You have no idea that the threat was over.

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    Quote Originally Posted by Ivan Sample View Post
    zack991-

    That is the point that I was trying to make! The threat was over but he still took a shots any way. Which is illegal in alot of states.........
    My point was to the leo's" aren't allowed to shoot a fleeing felon. Yet the SC says they can as long as allowing him to escape is a danger to society. As for the threat was over, I was not there so I can read all the news articles I want. I will never be able to know what he felt as fear wise or how badly he was beaten in the past by the same guys. I will always give what I think was done being a good or bad thing, yet in the end it does not matter. I feel for the guy considering he was badly beaten last time and the thug got what was coming to him by looking to start another fight. I feel no pity for the dead thug. Over all he certainly violated a few laws that he was not charged for, yet he was found not guilty. He got lucky court wise, but again the thug got what was coming to him.
    Last edited by zack991; 12-02-2010 at 10:47 PM.

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    LEOs have a vastly different mission than we do. I watched a video where an officer in a squad car dealt with two convicted felons in a Cadillac armed with an automatic AK-47. Of course, they didn't have any proficiency with the weapon, so they couldn't hit anything, but he still returned fire through his own windshield. For several miles the chase wound on, where the felons would get the car into an area and slow down so the cop could catch up... and every time he got close, they'd let off a burst from the AK-47. Finally, they drove off the road due to vehicle damage around the same time his backup arrived. And he cuffed them, and put them in a car.

    Think about this -- if any of us had to deal with that, we would use our right to self defense and shot those men in that car dead. Not pursue at risk and hazard to life and limb. Not detain, cuff, patdown, and proceed to arrest.

    Our ability to commit murder in self-defense, as provided by the law, has limitations. LEOs operate under similar but different rules of engagement.

    The above encounter is on video, on Youtube.
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