Burglar shot and killed while escaping ruled justifiable.

SF GATE ^ | Monday, August 13, 2012

[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.

[denydenydeny]

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

[William Tell]

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.

[waterhill]

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.

[waterhill]

That is a whole different scenario, my FRiend.

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

[Repeat Offender]

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.

[RedMDer]

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[Miss Maam]

““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.

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