it is possible to die 40 years on. only a couple weeks ago a Brit died from his legs being beaten by rifle buts when he was a POW in WWII.Nope,sorry.If I was on the jury my vote would be not guilty.Forty years? That’s crazy.
As much as cop killers (and attempted cop killers) turn my stomach... this is bordering on ludicrous.
Yeah, if this doesn’t constitute double jeopardy what does?
He didn’t spend his life in a wheelchair slowly dying like his victim.
While my father was a patient there, he introduced me to this gentleman. If the obit mentions amatuer radio, it has to be him.
The criminal, as despicable as he was, served his time and is done with punishment. The DA should drop this fast. 40 years? That’s a load of BS.
He already served a sentence related to the injury. Now they want to punish him for the death as well? If that works, you should be able to do this to every murderer, because in the miliseconds before the vic died, he was also grievously injured. This is two bites at the same apple.
For just trivia: Civil War hero Joshua Lawrence Chamberlain, after the war, served as Governor of Maine (4 times) and President of Bowdoin College. He died from his war wounds in 1914.
it is possible to die 40 years on. only a couple weeks ago a Brit died from his legs being beaten by rifle buts when he was a POW in WWII.I could go either way. They did not say what this guy has done with his life since the shooting. If he has turned into a solid citizen then I would be likely to give him a pass. If he’s been a scumbag all his life “lock his ass up”
I can't believe it would be possible to charge him with murder, but maybe some other charge or even a civil suit.
Whatever happened to the old English Common Law principle that if the victim lived “A Year and a Day” after the initial attack the attacker couldn’t be prosecuted for murder?
BTW, a healthy 64 year old would be expected to live 20+ more years. Just 15 years in prison in exchange for 20+ years of life doesn't seem equitable.
Have they ever heard of double jeopardy in Penn?
Whatever works to permanently keep this POS off the street.
New York Court of Appeals Ruling -- delayed death exemption from "double jeopardy".
I love cops, but this is bullshat.
"...Complications from a shooting 30 or 40 years ago don't take 30 or 40 years to surface," said Jeffrey Lindy, a former federal prosecutor now working as a defense lawyer. "A medical expert could say it could be from this or it could be from that...."
"...Barclay's sister, Rosalyn Harrison, said her brother suffered "horribly" after the shooting "You have no idea what a hard time he had," she said....."
While I understand the legal implications of allowing a prosecution, I have no sympathy for this guy who is now officially a killer, and only contempt for this "former federal prosecutor". For Mr. Lindy to say that when someone dies after 40 years of being a parapalegic due to a gunshot wound, that the complications from that gunshot cannot be held responsible for his death it is not just factually untrue, it is morally stunted as well. The statement by his sister defines the core of this situation...what he went thorough for forty years is, in a way, a slow torture.
Even if Mr. Barclay had been hit by a car while in his wheelchair, the fact that he was in that chair DOES make the injury responsible.
In my mind, if OJ Simpson could avoid a murder conviction by a legal deformity, I wouldn't feel bad at all if a legal mistake ended up getting this guy fried.
Not like the guy shot him in a fit of passion...he shot him holding up a jewlery store when this young officer tried to do his duty and ended up in a bed or wheelchair for the rest of his life. Kind of invalidates the "Things I did stupidly as a Young Person" excuse.
In any case...I do understand the implications legally of going down this path, and there is an obvious downside, but my dander is up right now. I am just finishing the book "Murder in Brentwood" by Mark Fuhrman. It makes me angry, and this case pops up. Emotional response on my part...but there it is.
How in the world can a coroner make an honest claim that the cop died of complications from the shooting.
I’d vote “not guilty”.
I vote no on this one. Too many years have intervened and, although the original wound certainly may have shortened his life, how could it be proven that it was the direct cause of his death? I would think that the natural ageing process would have to be taken into consideration as well. Too complicated to bring to a jury,IMO.