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Burglar shot and killed while escaping ruled justifiable.
SF GATE ^ | Monday, August 13, 2012

Posted on 08/15/2012 4:29:54 PM PDT by RC one

A store owner who killed a man during a break-in will not be charged in the shooting, Walla Walla County Prosecutor Jim Nagle said Monday.

The investigation by sheriff's Det. Sgt. Gary Bolster showed that Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets. Chavira was in the street outside the store when Saul fired.

In a letter stating his decision not to prosecute, Nagle stated the Washington state Legislature and Supreme Court have made it clear that a person should not be charged with murder or manslaughter "when they are defending themselves, their property, or against a felony, unless the prosecution has sufficient evidence to prove the absence of any of the defenses to a jury beyond a reasonable doubt."

Chavira's family intends to sue Saul, according to the family's attorney Michelle Trombley.

Related: The 22-year-old, Cesar Chavira, died at the scene. The Walla Walla sheriff's office says he was a known gang member with a criminal record.

And this: Saul has no criminal history while Chavira, a known gang member has been arrested 19 times since 2004. He has six felony convictions including theft and assault. He also has seven gross misdemeanors on file. However he was not armed the night he was shot and killed.

(Excerpt) Read more at sfgate.com ...


TOPICS: Society
KEYWORDS: banglist; banglst
Sounds like Saul did society a solid here.
1 posted on 08/15/2012 4:29:59 PM PDT by RC one
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To: RC one
Chavira, a known gang member has been arrested 19 times since 2004. He has six felony convictions including theft and assault. He also has seven gross misdemeanors on file.
Sounds like a case of stupid judges letting a dangerous person out on the street.
2 posted on 08/15/2012 4:35:22 PM PDT by samtheman (Obama. Mugabe. Chavez. (Obamugavez))
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To: RC one
was not armed at the time

.....note to self: Make sure they are armed before popo shows up.

3 posted on 08/15/2012 4:36:32 PM PDT by DCBryan1 (I'll take over the Mormon over the Moron any day!)
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To: RC one
Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets

An average of 10 pellets hitting per shot at 40-52 yards on a moving target? Sounds like Mr. Saul needs to upgrade to #00 buck and not use bird shot next time.

I'm not sure how I feel about shooting someone fleeing, but I'm not going to judge this man not knowing the situation completely and not having been in his shoes.
4 posted on 08/15/2012 4:37:59 PM PDT by verum ago (A good physical therapist is half friend, half sadist.)
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To: RC one
fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets

That would be murder in many states, including my own. I'm glad that the businessman did the right thing and that the prosecutor did too.

5 posted on 08/15/2012 4:39:12 PM PDT by Pollster1 (Freedom is never more than one generation away from extinction. - Ronald Reagan)
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To: RC one
They had a coroners inquest and they found Saul not guilty, so the Prosecutor decided not to charge him.

Coroner's Inquest

6 posted on 08/15/2012 4:44:43 PM PDT by Spunky (Those)
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To: RC one

The coroner’s inquest was a special jury.


7 posted on 08/15/2012 4:47:05 PM PDT by Spunky (Those)
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To: verum ago

Mr. Chavira broke into another man’s house while that man was sleeping. That’s all I need to know right there. Good riddance to bad rubbish and yes, he might consider some 4 buck in the future. Good job Mr. Saul and thank you.


8 posted on 08/15/2012 4:48:10 PM PDT by RC one
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To: RC one

>>A store owner who killed a man during a break-in will not be charged in the shooting,<<

*snif* I love a story with a happy ending.


9 posted on 08/15/2012 4:51:39 PM PDT by freedumb2003 (obozo could bring back literal slavery with chains and still he will get 85+% of the black vote)
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To: Pollster1

yeah, mine too. Gotta be very careful about the use of deadly force. Rule #1: anything you say WILL be used against you so don’t say anything except “I refuse to answer that question based on the grounds that it may incriminate me”. Rule number 2: it’s better to be tried by 12 than carried by 6.


10 posted on 08/15/2012 4:51:48 PM PDT by RC one
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To: RC one
Chavira, a known gang member has been arrested 19 times since 2004. He has six felony convictions including theft and assault. He also has seven gross misdemeanors on file.

Sounds like he died of natural causes to me.

You go around robbing people, naturally they are going to get upset and kill you.

11 posted on 08/15/2012 4:53:40 PM PDT by oldbrowser (As long as Obama's records are sealed, any discussion of Romney's past is off limits.)
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To: RC one

““I refuse to answer that question based on the grounds that it may incriminate me”. “

Not to pick nits but that comment alone sounds like a guilty person. Best just to say, “I’ll give my statement after consulting an attorney. I want an attorney/I want to call my attorney.” Until you state your demand for legal representation the cops can still interrogate you.


12 posted on 08/15/2012 4:55:12 PM PDT by CodeToad (Anticipate their arrival...they won't.)
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To: RC one

I understand he was turning his life around, was negotiating a contract as a hip hop artist and was especially kind to his grandmother.


13 posted on 08/15/2012 4:58:01 PM PDT by muir_redwoods (Legalize Freedom!!)
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To: freedumb2003

except now he has to defend himself in civil court which requires only a preponderance of the evidence as burden of proof as opposed to “beyond a shadow of a doubt” which means this dirtbag’s family may get to rob this man yet.


14 posted on 08/15/2012 4:59:11 PM PDT by RC one
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To: RC one
I guess I should've made it clear that when I say I'm not sure how I feel about shooting the fleeing perp in the back at 50 yds, I meant I'm not sure in a legal sense. I am sure that the POS that got shot had it coming. As oldbrowser put it, "Sound like he died of natural causes to me."
15 posted on 08/15/2012 5:01:35 PM PDT by verum ago (A good physical therapist is half friend, half sadist.)
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To: RC one

Might get ugly in Civ.Ct. Well, it could.

I would never, ever shoot anyone in the back. Even here in Texas.


16 posted on 08/15/2012 5:03:38 PM PDT by waterhill (I Shall Remain. FUBO.)
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To: RC one

>>except now he has to defend himself in civil court which requires only a preponderance of the evidence as burden of proof as opposed to “beyond a shadow of a doubt” which means this dirtbag’s family may get to rob this man yet.<<

Perhaps. I hope this guy’s lawyer cross-complains to get the costs.

The important fact is this guy is alive and the perp is dead.


17 posted on 08/15/2012 5:04:07 PM PDT by freedumb2003 (obozo could bring back literal slavery with chains and still he will get 85+% of the black vote)
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To: CodeToad
Say it however you want but the bottom line is, anything you say absolutely will be used against you. It will not help you, it will only be used to aid in your prosecution for murder or manslaughter. If you have shot and killed someone in self defense, you better know that you're going to be talking to a lawyer at some point and you should know better than to say anything to the LEOs until you have consulted with your attorney because you are only going to incriminate yourself even if you are innocent.
18 posted on 08/15/2012 5:07:24 PM PDT by RC one
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To: oldbrowser

yep, you are right... a job related injury. Goes with the territory.

He should have had better parental career counseling.


19 posted on 08/15/2012 5:13:42 PM PDT by himno hero (hadnuff)
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To: waterhill
I would never, ever shoot anyone in the back.

yeah, that's murder in most states. Morally/ethically though, I don't really have a problem with killing bandits one way or the other. If it were legal in my state, I would have done the same thing. Do you assume a bandit has a problem with shooting you in the back? Do you think soldiers don't get shot in the back all the time? Do you think LEOs don't shoot fleeing suspects in the back? If you are going to fight with monsters, you have to be prepared to become a monster. with apologies to Mr. Nietzsche .

20 posted on 08/15/2012 5:21:50 PM PDT by RC one
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To: RC one

In a situation like that, one should memorize an 11-word script: “I was in fear for my life so I defended myself.”


21 posted on 08/15/2012 5:29:13 PM PDT by denydenydeny (Admiration of absolute government is proportionate to the contempt one has for others.-Tocqueville)
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To: waterhill
waterhill said: "I would never, ever shoot anyone in the back. "

If an armed perpetrator was running away from me and toward my daughter's bedroom, I would empty my gun into his back as fast as I could. If he was still standing, I would reload and shoot some more.

Just because a person shows you his back does not mean that he is surrendering, that he has given up attacking you, or that he is no longer a danger to you.

22 posted on 08/15/2012 5:53:15 PM PDT by William Tell
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To: RC one

Aw jeez, you are right!

I would never shoot anyone in the back, especially if they were carrying my stuff! The 10mm tends to overpenetrate.


23 posted on 08/15/2012 5:58:33 PM PDT by waterhill (I Shall Remain. FUBO.)
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To: William Tell

That is a whole different scenario, my FRiend.

And a 10mm is deadly, in a bad way.


24 posted on 08/15/2012 6:05:29 PM PDT by waterhill (I Shall Remain. FUBO.)
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To: verum ago
I'm not sure how I feel about shooting someone fleeing

Just think to yourself that he wasn't "fleeing"....just on the way to the next intended victim.

25 posted on 08/15/2012 6:32:41 PM PDT by Repeat Offender (While the wicked stand confounded, call me with Thy Saints surrounded.)
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The FReepathon is still on.
Please donate today!

26 posted on 08/15/2012 6:32:52 PM PDT by RedMDer (https://support.woundedwarriorproject.org/default.aspx?tsid=93destr)
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To: CodeToad; RC one
““I refuse to answer that question based on the grounds that it may incriminate me”. “

Not to pick nits but that comment alone sounds like a guilty person.

I used to think the same thing until I watched this video of a law professor and a police officer teaching a class that pleading the Fifth is nothing to be ashamed of. He gives examples of how innocent people can and do get themselves in trouble.

Thank God for the Fifth Amendment.

Don't Talk to Police

27 posted on 08/17/2012 6:14:49 PM PDT by Miss Maam
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