Iraq Vet Gets 2 Years in Death of Alleged Invader

Albuquerque Journal ^ | February 23, 2008 | Scott Sandlin

[woofie]

Elton John Richard II made split-second decisions— good ones— as a member of an elite Marine reconnaissance unit clearing towns ahead of the invasion of Iraq in 2003.

But District Judge Albert "Pat" Murdoch ordered Richard to spend two years in a New Mexico prison Friday for a decision that propelled him into a fatal pursuit of a man he thought was breaking into his home in 2004.

Richard, then working a Department of Energy courier with a Q clearance, fatally shot Daniel Romero, 34, after chasing him from his yard to Paseo del Norte.

Murdoch's pronouncement shocked Richard's family, whose attorneys had pressed for probation and a deferred sentence for their client with an otherwise spotless record.

Murdoch ordered Richard taken into custody immediately as the loud, heaving sobs of his mother swelled a few rows behind him.

Richard, 30, stood up and had time to put on his glasses before a sheriff's deputy approached with handcuffs.

Before the plea, Richard's attorney, Billy Blackburn, reminded Murdoch that Richard had pleaded no contest to voluntary manslaughter on the day jury selection was to begin last October in hopes of being able to spend time with his young son, now 4 years old.

And Richard himself said he had used tact, bearing and discipline after hearing a noise, going to investigate and finding a man in his yard.

"This individual (Romero) had both his hands on my revolver and was trying to pry it from my hands," he told the judge.

Wrenching decision

Murdoch, presiding judge in the criminal division, said he had struggled with the decision probably more than any other in his 22 years on the bench.

He told emotional family members ... that there was no "right" decision.

[afnamvet]

Pick up all shell casings, bleach and hose driveway and walkways, call neighbors to assist as witnesses, repeat as necessary. ; )

[fr_freak]

Wait, what was all this about BRITAIN going to hell in a handbasket for jailing Tony Martin for exactly the same reasons?

Refresh my memory: wasn't Tony Martin waiting inside his own house for the thugs to return (as they had robbed him at least a couple of times already)? Wasn't he prosecuted for attacking them in his own home?

If left-wingers in the US had their way, there would be no castle doctrine and the rights of law-abiding citizens would be stripped to nothing, so I will never say "It can't happen here" because we have a large contingent of socialist bastards who will do everything they can to make it happen here. However, as it stands now, the homeowner will not face prosecution if he kills an intruder in his own house, even in my commie home state of California. I believe that there should have been no charges filed against Richards for chasing the invader down, but the numerous left-wing hippies that infest our legislatures and judicial system think otherwise, and they have the precedent established that once the invader flees you can't kill him.

So, while I fear for the integrity of our justice system, this case vs. the Tony Martin case is not completely apples to apples.

[bobby.223]

if your serious, good luck with dragging that body inside. all that does is establish the fact to the courts that you yourself felt the use of deadly force wasn’t justified and your altering of the shooting scene just proved it for/to them. all “conflict avoidance” and “shoot/no shoot” courses teach this. that old “drag ‘im inside” wives tale is the worst possible thing that can be done following the use of lethal force and will be picked apart in court by any half competent att.

[poindexter]

You can’t chase someone down and kill them, no matter how much they need killing.

[Tijeras_Slim]

This stinks as bad as the Billy Anders case.

The family of the deceased thief are also filing a civil suit.

It looks like he’s got the potential to be a better financial provider dean than alive.

Sometimes this place really frosts my butt.

[LiveFree99]

Look, if the burgler has run outside and I’m in the house, that’s where I’m staying—in relative safety. Why should I run after him and expose myself to possible injury, death, civil lawsuits and criminal prosecution? I do not have law enforcement training and besides, I’m getting a little too old to play cop. Let the local police handle it; that’s what my taxes pay for.

[Waco]

And remember, the perp may have had several other jobs ,including rape and murder to pull that night. He could have made the guys with the yellow tape earn their pay that night.

[Godwin1]

This vile,corrupt, low life bastard of a judge needs to be shunned by all decent people in this community. People should refuse to sell him food. Repairmen should refuse to come to his home. He deserves the public scorn of any person with an ounce of decency

[thundrey]

Tony Martin shot Fred Barras in the back as he was outside the house and fleeing. The circumstances are exactly the same...

[muawiyah]

Alas, someone who breaks into an occupied dwelling in the middle of the night is generally dealt with under the law as if he were armed and had intent to murder (in most laws in most places on Earth).

I have no idea if NM law makes such assumptions, but it should. Otherwise they'll continue to get cases like this and end up sending the victims to jail and letting the criminals run free (except for the ones who are killed).

This particular decision by this particular judge gives homeowners every incentive to shoot first.

Which raises a good question ~ why did the judge feel it was such a hard decision to make ~ to encourage others so situated to pull the trigger now?

[muawiyah]

The cops will send a guy out who finds the blood traces anyway.

[muawiyah]

I thought he was armed your honor. It was dark. There was a shadow. I need cataract surgery. My blood pressure shot skyhigh and clouded my vision. He had a friend who was armed, but ran away AFTER I scragged his buddy.

There are more possibilities.

[muawiyah]

A Q clearance is equivalent to a Top Secret clearance. Man was a courier.

Interesting that the agency didn't get in on this situation.

[Bob]

if your serious, good luck with dragging that body inside. all that does is establish the fact to the courts that you yourself felt the use of deadly force wasn’t justified and your altering of the shooting scene just proved it for/to them. all “conflict avoidance” and “shoot/no shoot” courses teach this. that old “drag ‘im inside” wives tale is the worst possible thing that can be done following the use of lethal force and will be picked apart in court by any half competent att.

Bingo! Advice that I got quite some time ago from a long-time cop -- Deliberately pi$$ your pants (if you haven't done so already). Be sure that it gets noted in the police report. While it's no guarantee, it certainly lends some strong credence to your claim of being in fear for your life.

[detective]

This is America today. If you are a white, law abiding citizen and defend yourself, your home or your family you will most likely be arrested. You can believe it or not but this is the way it is.

[george76]

[yooling]

Sorry. My biting SARCASM tag was missing from my post. My bad.

[Bizhvywt]

Moral: Never plead guilty to something you are not guilty of.

[Manly Warrior]

Absolutely do not NOT tamper with the scene of a self-defense shooting! You will be better off learning how to protect yourself properly.

Bottom line is this-if you shoot some buglar IN your home, you probably are going to be left alone prosecution wise, especially if you are an 80 year old.

If you shoot a burglar OUTSIDE of your home, you had better be able to justify why you left your home to pursue-especially if you are an 80 year old!

If some thug accosts you outside your home, if is not too hard for a DA to assume the force you used against a younger person is justifiable, especially if you are an 80 year!

The concept of coutervailing force means one must only use enough force to stop an attack, not pre-empt one.

You should get a book called “In the gravest extreme” by Massad Ayoob- it covers the subject very well. You can get if online, just type in the title on your computer internet browser. Also, and more importantly, get professional training in both the law and the practice of armed self defense. The NRA trains Instructors , so you can contact the NRA and find out more about trainers in your area, or you can contact well known trainers like “Frontsight”, “Gunsight” etc.

The most important aspect of a post incident is to insure you do not speak about the incident other than basic information about yourself to the police until yu have had the opportunity to speak to a lawyer- I train folks to practice saying “Officer, I will gladly discuss the incident in detail once I have had the opportunity to contact my attorney, but I will not answer any more questions until then”. If they persist, repeat the above unitl they stop. If you speak, they will likley prompt you to spill your guts to them-and in the aftermath of a gunfight, most people will be agitated, open to suggestion and probably not really be able to provide clear details since they were pumped full of adrenaline in the moments of the incident-so keep your mouth shut! Whatever you say WILL be used against you!

God Bless

[luvadavi]

thank you much for good advice. I am lucky to live in a safe place in a very small town but you never know these days how long any place will become unsafe. My grandkids have learned tae kwon do & karate for which I’m glad! I think it should be a requirement in public schools—but of course the ed. establishment would rather teach “victimhood”, or how to be good victims. Then all join hands and sing kumbyah and ‘all get along’...hah