L.A. man shoots car thief, charged with murder

Yahoo News ^ | Wed Apr 7, '04 | unknown

[joesnuffy]

L.A. Man Shoots Car Thief, Charged with Murder Wed Apr 7, 5:51 PM ET

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LOS ANGELES (Reuters) - A 26-year-old Los Angeles man who prosecutors say shot at two thieves stealing his car, killing one of them, was charged on Wednesday with murder.

Yoon Ho Song could face 50 years to life in prison if he is convicted of the first degree murder of Mario Sandoval Martinez and a special allegation of using a handgun, a spokeswoman for the Los Angeles County District Attorney's Office said.

Prosecutors say Song came out of his house to find two car thieves pushing his customized Honda out of his driveway in the predawn hours on Monday and opened fire, hitting Martinez, 25, in the back. The second suspect got away.

"The fact that your car is being stolen isn't a legal justification for killing somebody," Deputy District Attorney Frank Somes said. "Generally, you're not allowed to kill people unless they are committing a violent felony or you are acting in self defense."

Somes said police initially focused on Song as a crime victim but "essentially began questioning whether he was the victim or a suspect when they learned the person stealing the car had been shot in the back."

An attorney for Song, who was expected to make his first court appearance in the case as early as Wednesday, could not be reached for comment.

[TigersEye]

So rather than fix the laws concerning illegals and litigation you suggest that open season on car thieves will solve those problems. All based on the potential of what might happen. You're not the first to throw out a laundry list of crappy laws to justify shooting a man in the back for taking a car but the connection is still made with a bunch of 'what ifs' and the buck is passed on responsibility for everything.

[absalom01]

Notwithstanding this entertaining thread, Mr. Song is toast.

I have some sympathy for the guy -- (quite) a few years ago, I lived in a high-crime neighborhood of LA, and the daily frustration of scumballs stealing and vandalizing your stuff and giving the evil eye really gets you down.

But that's all beside the point. Under California law, this is as close to an open-and-shut case as you're gonna get.

That said, I would never vote to convict, should I find myself on his jury.

[backtothestreets]

"...had been shot in the back"

I've got to presume you know a lot more about this case then what this article addresses or you wouldn't have posted it. I've some questions.

The two thieves, were there witnesses, or was this based on what Song reported?

Were Song and Martinez acquaintances? On a related note, what is the reason for the first degree premeditated murder charge? Typically this would be prosecuted as second degree or manslaughter.

Has Song ever use a gun in commission of a crime before this incident?

Are Song and Martinez gang members? I'm just asking based on the type of car identified. The customized Honda are a gang favorite.

Were the prints of Martinez on the car?

When police do arrive at a crime scene, and one person is killed by a gun shot TO THE BACK, should police accept without question the word of the person with the gun that a crime was being committed?

Did Martinez have a gun in his possession?

Why is the DA prosecuting this as first degree murder? The police do not make the determination, the DA does.

I'm asking these questions because I'd be more upset if this guy did commit first degree murder and the police simply accepted his word of the events.

[backtothestreets]

"Guys like this aren't heros. They aren't protectors of the 2nd Amendment. In fact, they're a worse threat to our freedoms than Sarah Brady could ever hope to be. Bozos like this make gun control sound reasonable."

I agree with you.

A few years back I lived in an apartment complex where two thieves were stealing another tenants car.  The vehicle owner grabbed his gun, called the police to notify them there was a crime being committed, went out to confront the thieves, and place them under citizens arrest.  When confronted, one of the thieves moved to attack the vehicle owner.  The vehicle owner shot and killed him.  He held the other suspect at bay until police arrived.  The DA did not file charges against the vehicle owner as he did face bodily harm.  The second suspect went to prison.

That was in California.

What the guy in this article accomplished was get more people calling for gun control.

[omronnie]

Silliness. Enterprise will come and pick you up and rent you a car while you replace the stolen one. If you have insurance, you'll have a replacement shortly. If your car is not worth insuring, then you can replace it in another way.

---

Nah, too much trouble and EXPENSE.

Apparently the lesson to be learned from all of this is to just go out and STEAL a car for yourself some other night.

[Puppage]

A more modern example is Rosa Parks. She broke the law too.

And HOW MANY people did she shoot?

You're all over the road & you're obviously not a CCW holder. I am happy that you admire the shooting of criminals who steal...not rape, or murder..but steal. You'll go far.

Have a happy Easter

[sport]

Didn't he know that he was supposed to let the police "protect" him and play the "victim"?

To the police, the criminal is their job security and they will go to any lenghts to protect them.

They [the police] can abuse them [the criminals] to their hearts content, but, by golly, no one else had better not give them so much as a dirty look.

People can say what they wish, but, when an individual looses the right to protect themselves from the acts of the criminal, that individual is no longer free. The individual is merely the property of the State.

[tahiti]

"We agree, Mr. Song has a serious problem."

I would say we agree that Mr. Song has a serious problem only in California.

Mr. Song would not have a serious problem in Missouri. The Missouri Constitution is unambiguous in tying the right to keep and bear arms with the protection of property.

[tahiti]

Thank you for the the posting of the California constitution declaring the right to protect property in California.

I missed that part of of Article I because I was looking for an Article in the California constitution declaring the right to keep and bear arms with the right to keep and bear arms.

Am I correct in saying that there is no such Article in the California constituion declaring the right of California citiznes to keep and bear arms?

If you will recall, the Missouri constitution is unambiguous in tying the right to keep and bear arms with the protection of property.

I would say that that tie in California does not exist and that is why Mr. Song is in serious legal trouble, though I agree with his actions.

[stuartcr]

I could understand that with something that has a value that is easily identified...but a car? Would someone have to look at a blue book before shooting?

[buffyt]

I have lived in Los Angeles three times. I love LA!

[buffyt]

I live in Texas, but lived in LA most recently 2002. I love LA, but I do appreciate our gun rights in Texas. They used to hang horse thieves. I think we had the right idea back then.


Condi Rice for President 2008!!!!!

[Clean_Sweep]

"jury of Mr. Song's peers"

I hope he gets this.

[BSunday]

first degree murder

This is possibly the most abused charge in the courts. I mean, how are they going to sit there and say "He planned to kill the guy ahead of time". BS

[MileHi]

No apology needed. As some others have said, it is well advised to understand the law where one resides.

Freegards

[BSunday]

Maybe not the car, but the truck - that's a different story.

[BSunday]

If you are on the side of the right, you won't need to explain. just put in a mercy plea. Your Lawyer, Jesus Christ, will do the rest.

[BraveMan]

I've had so many possessions stolen from me in the course of my life I've lost count. Among them two motorcycles (one less than a month old), a car and thousands of $$$ worth of tools. If I ever catch a thief plying his trade, the last thing I'd consider doing is calling the Donut Patrol . . .

[BSunday]

If so, how much, and who decides that $ value?

I think the guy with the gun decides it. (just a joke, don't flame me)

[BSunday]

Sounds like "Vengeance is mine, I will repay", says the Lord