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Victory for those that choose not to be a victim!

Discussion in 'The Okie Corral' started by bcmclane, Jan 28, 2010.

  1. bcmclane

    bcmclane

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    Well, I can't believe it. Finally a jury that seems to have gotten tired of criminals and the government's need to protect them. The jury found the REAL victim guilty of voluntary manslaughter. They recommended he serve NO jail time and pay NO fine. The judge only has the option to reduce their recommendation. The bottom line is, if the departed was not a criminal, he would still be here. Way to go Richmond. :supergrin:


    See the original story here:
    http://www.nbc12.com/Global/story.asp?S=10648279

    "RICHMOND, VA (WWBT) - The college student who killed a man breaking into his girlfriend's car will have to stand trial for murder. 25 year old Eric Driver was indicted by a grand jury Monday on a second degree murder charge. It all happened on Leigh and 22nd Streets at 4:00 in the afternoon last April.

    Monday we got new information on where Hollman was fatally shot and what that could mean for this case. Eric Driver heard his girlfriend screaming and ran outside with a gun. He saw 24 year old Jamal Hollman in his girlfriend's car wearing a mask. Driver ended up shooting and killing Hollman. A grand jury indicted him for murder; Richmond's top prosecutor says he feels vindicated.

    "This isn't an instance where you have a prosecutor and a detective deciding there's probable cause. You now have grand jurors. Neutral people who have decided in their judgment there's probable cause that a crime was committed," said Richmond's Commonwealth Attorney Michael Herring.

    Driver's defense attorney says the grand jury only heard one side. He says his client was fighting for his life. Not defending personal property.

    "The type of guy he is. He's not a cowboy out there. He's someone who was really startled by his girlfriend's reaction," said John Luxton, Driver's attorney.

    A witness says he was standing in a nearby alley and saw Driver chasing Hollman down the street with a gun. But Hollman's defense attorney said an autopsy shows Hollman was not shot in the back. He was shot in the chest. He says there was a struggle.

    "We wouldn't have filed these charges unless we were professionally and reasonably sure that Mr. Driver over reacted," said Herring.

    Back in the neighborhood, folks have strong opinions about this indictment.

    "When somebody steals your car or your stereo or things you worked hard for and the cops can't protect you, well Joe Public will protect you," said resident Ben Reidy.

    "We don't have the death penalty for stealing change. It's a shame but you know he shouldn't have been carrying around gun if he didn't know the rules," said Charlie Field, resident.

    The case is expected to be heard by a jury in late fall."


    And the verdict as of yesterday:
    http://www.wtvr.com/news/eric-driver-verdict,0,3930925.story

    "RICHMOND - A Richmond man who shot and killed another man during a robbery attempt on Union Hill last Spring will not serve jail time for his crime.

    Wednesday night a jury found 25-year-old Eric Driver guilty of voluntary manslaughter for the April 2009 shooting. Driver had been charged with second degree murder.

    In addition to the reduced charge, the jury recommended Driver serve no jail time and not pay a fine.

    The jury sent a letter to the judge which read, "We don't believe incarceration is needed for Mr. Driver, nor would Mr. Driver's incarceration help with Mr. Holman. We would recommend that you give Mr. Driver a community service obligation."

    Driver shot and Jamall Holman last Spring. Police say Holman was breaking into Driver's girlfriend's car while wearing a mask when the two met face to face that April afternoon.

    Driver says he thought Holman was armed and reaching for a gun when he fired his own weapon killing Holman. It turns out Holman did not have a gun.

    In court Commonwealth's Attorney Michael Herring questioned whether or not Eric Driver really feared for his life because he never called 911 when he had the chance. But Driver's attorney John Luxton said this killing was in self defense.

    Outside of court Eric Driver told CBS 6 he felt blessed over the outcome of his trial. He also expressed sorrow for the family of the man he killed."
     
  2. kiole

    kiole

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    I don't know all the details, but a not guility verdict seems like it may have been a better outcome.
     

  3. Glock&KimberLady

    Glock&KimberLady Morior Invictus Silver Member

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    "In court Commonwealth's Attorney Michael Herring questioned whether or not Eric Driver really feared for his life because he never called 911 when he had the chance. But Driver's attorney John Luxton said this killing was in self defense."

    Yes, there's always time to get your phone out and dial three numbers when you think someone is going to shoot you. Don't let common sense get in your way there, Mr. Herring.

    I don't know if I would shoot someone breaking into my car, but i certainly would beat their *** with whatever heavy came to hand.
     
  4. Blinky

    Blinky Rocket Surgeon

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    Someone correct me here, but isn't that still a felony charge? No quite a victory when you lose your right to own a weapon.
     
  5. bcmclane

    bcmclane

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    Well, the guy never denied the shooting. I kind of viewed it as the jury saying that they understood Mr. Driver knew the criminal would be hurt/killed, but deserved what he got and Mr. Driver did not deserve to be penalized.




    I never thought about that part. Now I'm disappointed...
     
  6. HerrGlock

    HerrGlock Scouts Out CLM

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    http://law.justia.com/virginia/codes/toc1802000/18.2-36.html
    18.2-36. How involuntary manslaughter punished.
    Involuntary manslaughter is punishable as a Class 5 felony.

    (e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

    ___________________

    Whoops:
    18.2-35. How voluntary manslaughter punished.

    Voluntary manslaughter is punishable as a Class 5 felony.
     
    Last edited: Jan 28, 2010
  7. MarcoPolo

    MarcoPolo

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    Maybe his politics fit his opinion... RED Herring! :rofl:
    (I crack myself up)

    BTW, Anyone else find it confusing that the shooter was named Driver? I kept mentally trying to see him as operating the car when it was not the case.
     
  8. Carrys

    Carrys Inquisitive

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    There's a reason that horse stealing used to be a hanging offense. You take one's property and in certain instances you have killed them.

    I know we aren't in the old west any longer, just saying that perhaps we should be, in certain instances that is. When one takes my property, I don't want to hear, "Well, it's only a thing, you can always get another thing". Why didn't the criminal get his/her own "thing", why steal mine? I worked for it, I paid for it, and by damn it's mine. Get your own. If you feel the need to steal it, it does indeed have a value beyond just being a "thing". Steal my property and you steal my money, my time, and my ability to do as I wish with those earnings. That's more than just stealing a "thing", you stolen part of my life.

    How I get that part of my life back should worry you..................it really should. Because I will and am prepared to take action, even rude action against you. How rude depends on how you "feel" I suppose. Just don't steal my property and you'll never have to know how I define "rude".


    I hate thieves.......................especially when they steal my stuff.
     
  9. bcmclane

    bcmclane

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    Interesting... He was actually convicted of voluntary manslaughter, which is also punishable as a Class 5 felony. It seems odd to me that involuntary and voluntary are punishable in the same manner. I do like how the decision is left open to the jury's discretion though.
     
  10. HKUSP45Css

    HKUSP45Css

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    If I came face to face with someone, in a mask, breaking into MY car, I would confront them, armed, furtive movements by the detainee might not be in their best interest.

     
  11. HerrGlock

    HerrGlock Scouts Out CLM

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    Whoops, but still the same punishment and the same problem. He can never handle a firearm again:

    Notice it says nothing about what the actual sentence was in each case, just that the crime convicted can be punishable by more than a year in prison. That really sucks.
     
  12. tlafrance

    tlafrance Missing AZ

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    Jury nullification and a verdict of "NOT Guilty" would have sent a louder message.

    Tom