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Arlington shooting underscores need to understand law (WA)
Seattle Gun Rights Examiner ^ | 21 November, 2009 | Dave Workman

Posted on 11/21/2009 5:40:41 AM PST by marktwain

Many people will sympathize with an Arlington, WA man who fired a couple of shots at a burglary suspect who later turned up dead with jewelry belonging homeowner’s wife in his pocket, because the homeowner has now been arrested for investigation of second-degree murder.

Keira S. Earhart was booked into the Snohomish County Jail and is being held there on $1 million bail. The man he shot, Ryan A. Rzechula, 25, of Stanwood, has a criminal record, according to the Everett Herald.

What allegedly occurred in this case will need some sorting out, but the basic facts are that Earhart arrived home Nov. 16 to find Rzechula running from his house. Earhart discovered that some of his wife’s jewelry was missing and called the Snohomish County Sheriff Deputies responded, including a K-9 unit, but a search failed to find the suspect. A few hours later, Earhart apparently spotted the same man hiding in a nearby ditch, yelled at him as he started to run, fired a couple of shots at him, and then called the sheriff again. This time, a deputy arrived, checked the area, found nothing and departed.

On Wednesday – a day and a half after the incident – a neighbor found Rzechula’s body lying in a creek on his property. The medical examiner found at least one bullet wound in Rzechula, along with jewelry that matched the description of stolen items reported by Earhart.

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


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Washington
KEYWORDS: banglist; burglary; examiner; prosecution; wa
Do not give a statement to police until you talk to a lawyer.
1 posted on 11/21/2009 5:40:42 AM PST by marktwain
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To: marktwain

Well it is hunting season.....;-)


2 posted on 11/21/2009 5:43:37 AM PST by Dem Guard
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To: SAMWolf

Ping.


3 posted on 11/21/2009 5:49:29 AM PST by snippy_about_it (Looking for our Sam Adams)
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To: marktwain

And keep in mind that if you shoot someone in the back who is running away, you’re going to have a tough time selling that it was “self defense.”


4 posted on 11/21/2009 5:50:08 AM PST by Ghost of Philip Marlowe (Prepare for survival.)
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To: marktwain

That’s right. Unless it’s clear and obvious that the dirtbag had a weapon, keep your mouth shut. Even if the dirtbag does have a weapon, say nothing except to point that out. You want the cops to know you saw it. If possible, take a picture of the cops picking it up off the dirtbag. That’s your ticket out. Ask them for the serial number. They probably won’t give it to you, but ask anyway.


5 posted on 11/21/2009 5:51:45 AM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: marktwain

INDIANA

the times

Nearly 100 weapons exchanged for $50 gift cards
Gun exchange exceeds expectations

By Stan Maddux - Times Correspondent | Posted: Saturday, November 21, 2009 12:05 am

MICHIGAN CITY | Gift cards for guns were given out so rapidly, police in Michigan City had to go to Walmart to reload.

Money to purchase more $50 gift cards ran out in just one hour. Police going in figured they had enough gift cards to last two days.

“We exceeded our expectations completely,” Michigan City Police Sgt. Chris Yagelski said.

The “More Buck for the Bang” program was supposed to begin at 10 a.m. but people lining up early outside the police station with guns to exchange for extra spending cash forced police to open the doors 30 minutes sooner.

When the dust settled, a total of 94 handguns, shotguns, rifles and BB guns were collected.

In comparison, about 50 guns in a 48-hour period were turned in under a similar gift exchange program last year.

Yagelski said the first 64 gift cards provided totally by Walmart were given out almost right away.

Police department funds were scraped together to purchase another 30 gift cards — which quickly vanished, too.

“It was amazing,” Yagelski said.

Guns ranged from an old military-style rifle, a rusted sawed-off shotgun and derringer often carried by women in their purses were turned in.

Just one of the guns had to be disarmed.

The handguns will go into a bulletproof glass case now containing more than 300 firearms confiscated in recent years in drug raids and other crime scenes. The case is on display in the police station lobby to make a visual impact about the dangers of guns.

Michigan City Police Chief Ben Neitzel said the main thrust of the exchange program is to reduce the number of guns in homes for burglars and thieves to steal.

Stolen firearms — when exchanged for drugs — many times end up on the streets, he said.

Yagelski said he believes the economy had something to do with the huge response.

“Fifty dollars worth of groceries or Christmas shopping is something that people are digging in their closets for guns saying, ‘I don’t need that anymore,’” Yagelski said.


6 posted on 11/21/2009 6:16:49 AM PST by KeyLargo
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To: marktwain

If I’m on the jury, he walks.


7 posted on 11/21/2009 6:23:54 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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To: Ghost of Philip Marlowe
That isn't legal for the police, either. To shoot a fleeing suspect, police have to have some reason to believe that the suspect will pose a further direct danger to the public.

An example would be a bank robber that shoots up the bank during the robbery. The suspect has a demonstrated willingness to use violence in his crime.

8 posted on 11/21/2009 6:57:39 AM PST by USNBandit (sarcasm engaged at all times)
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To: marktwain
Ryan A. Rzechula,
Jhovany Hernandez

What seems to be a common denominator here?

9 posted on 11/21/2009 7:10:14 AM PST by Free State Four
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To: Ghost of Philip Marlowe
And keep in mind that if you shoot someone in the back who is running away, you’re going to have a tough time selling that it was “self defense.”

Really? I will never have that problem, cause I live in Texas and if my property or person is in danger, then the burglar is dead where he/she/it stands or crawls.... in fact my neighbor can kill someone on my property if he sees that burglars are stealing from me.

I agree with the earlier posts... give your name, be polite but don't say anything except I want a lawyer...period. No statement, no "I'm sorry he's dead", nothing. "I WANT A LAWYER, NOW... PLEASE." Then shut your cake hole till one shows up.

10 posted on 11/21/2009 7:50:37 AM PST by erman (Give a man a fire, warm him for one night. Set a man on fire, warm him for the rest of his life.)
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To: bustinchops

Make sure you have a “drop gun” handy.


11 posted on 11/21/2009 7:51:41 AM PST by Mouton
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To: Mouton

Most average Joe-citizen people don’t keep a “drop gun” handy, wouldn’t know how to go about getting one, and it isn’t necessary anyway. All that would do in most cases is incriminate the “dropper.” It’s a much easier path to reasonably perceive a threat than it is to explain why a witness saw you drop an extra gun by the body of the assailant and wrap his hand on it to make him look like he was carrying it. Then explain why it has his right-hand prints even though he was left-handed. I hate it when that happens. ;)


12 posted on 11/21/2009 1:19:04 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: bustinchops

..explain why it has his right-hand prints even though he was left handed. I hate it when that happens.)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Couldn’t you use that info to show how deranged he really was? Or he must have dropped his OTHER gun someplace while chasing you?????
I like the ‘shooting tips card (Self-Defense Guideline Card)’ I have... it tells you (in no particular order)
Talk to NO ONE but your lawyer and when the cops get there
ask for medical treatment for shock.
AND MOST IMPORTANT (IMNSHO)
Do NOT express remorse to anyone including the police. lest “I didn’t mean to do it” gets equated with guilt...


13 posted on 11/21/2009 1:29:30 PM PST by xrmusn ((6/98 )VOTE THE INCUMBENTS OUT)
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To: P-Marlowe

That’s the solution right there - keep hanging the jury until the prosecutor finds someone else to harass or decides to actually go after a real, live, dangerous criminal.


14 posted on 11/21/2009 1:31:38 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: marktwain

“Arlington shooting underscores need to understand law”

Yes, that in Washington State a person is not allowed to protect his property.


15 posted on 11/21/2009 1:35:11 PM PST by PLMerite (Ride to the sound of the Guns - I'll probably need help.)
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To: xrmusn

No, planting a gun in the wrong hand will not make it seem as though he’s deranged. It will demonstrate your consciousness of guilt.

The advice on your self-defense card is good.


16 posted on 11/21/2009 1:37:11 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: bustinchops

Better yet, just let your dog out if you find someone in your yard.


17 posted on 11/21/2009 1:56:03 PM PST by Eva (Obama bin Lyin)
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To: xrmusn

Maybe the guy was ambidextrous, like my husband and son, though they consider themselves to be left handed, they are both right footed, so sometimes it is actually easier to do things that require foot work too, with their right hand.


18 posted on 11/21/2009 2:01:42 PM PST by Eva (Obama bin Lyin)
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To: Eva

Sure, if you have a big enough, well-trained enough dog to go for the throat of intruders only.

I’m all for shooting the bastards so they never bother another family, but people have to know their state’s laws and find a way to kill the intruder yet not end up in a jackpot.


19 posted on 11/21/2009 2:07:12 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: marktwain

Where was the bullet hole, front or back? If the bullet hole was in the front, the guy could have said that the prowler had stuck around or returned after the cops left, to physically harm him or his wife.


20 posted on 11/21/2009 2:11:40 PM PST by Eva (Obama bin Lyin)
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To: bustinchops

If your property is posted, no trespassing, anyone on the property without your permission, is a trespasser. My dog would not go for the throat, but he wouldn’t let anyone he does not know come on the property. Once the a person steps off the property, my dog stops the chase.


21 posted on 11/21/2009 2:17:38 PM PST by Eva (Obama bin Lyin)
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To: PLMerite

Here’s a couple of applicable regulations in Washington State law. Would seem to me that legally he may be found innocent as he was using force to prevent a felony. But, I’m no lawyer. Does the “prevent a felony” only mean up and to the point that the thief is stealing from you? After he has already stolen if from you, are you “preventing” it? If you keep him from getting away, it would seem you “prevented” it.

Not sure that is what I would have done. But, he did call the police first, then saw the guy again. I would have probably thought the guy had left (he wasn’t found by the cops) and had then returned to get rid of me as a witness.

***********************

RCW 9A.16.110: Defending against violent crime ? Reimbursement.

(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

RCW 9A.16.050
Homicide — By other person — When justifiable.

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.


22 posted on 11/21/2009 2:46:32 PM PST by 21twelve (Drive Reality out with a pitchfork if you want , it always comes back.)
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To: snippy_about_it

While I can sympathize with removing a dirtbag from society, it’d be hard to claim self-defense in this case.

Do what the libs do to criminals, slap his wrist and tell him not to do it again.


23 posted on 11/22/2009 4:41:17 AM PST by SAMWolf (Taxes are not levied for the benefit of the taxed. Lazarus Long, Time Enough for Love)
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To: bustinchops

In this atmosphere, average joe citizens who also believe in protecting themselves better become acquainted with this technique depending on what version of the castle doctrine their state has.

For the uninformed, a “drop gun” is an untraceable weapon. It does not necessarily have to be a firearm. When I lived in Ca., I had a surplus bayonette at the ready “just in case” I needed it.


24 posted on 11/22/2009 5:09:23 AM PST by Mouton
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To: Mouton

I am informed. I’m retired LE. A “drop gun” is a gun, not a knife/bayonet/rock/baton/sap/pipe, etc..


25 posted on 11/22/2009 3:01:04 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: Eva

It depends on how professional and how serious the would-be robber is. Dogs certainly have a place in home security, but real pros often shoot, stab or poison dogs. They’ve “cased” the property so they already know about the dog and come prepared to deal with the dog. You won’t be home when they come. But for the average punk with no gun and no real plan, a serious dog is a real good start at prevention. It sounds like yours is a good watch dog. Training him/her to attack on command or at intrusion into any building on the property would be better. If you do that, be sure you post proper warning.


26 posted on 11/22/2009 3:11:17 PM PST by bustinchops (Teddy ("The Hiccup") Kennedy - the original water-boarder)
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To: bustinchops

I was not directing the uninformed at you, it was a general comment. Glad to hear you are another LEO retired. I am too. How about this, a drop weapon.


27 posted on 11/23/2009 4:15:54 AM PST by Mouton
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To: All

Michelle Ochoa writes:
We have known this man over the last couple years, and for the time we have known him he has been a kind and gentle, proactive person defending children and finding resources in the community for children. Always when we have seen him he is helping someone. He has promoted the well being of many children, behind the scenes in this community, asking very little for himself. He deserves the best support system and defense available. The judicial system has a responsibility to evaluate on logical merit and the higher purpose of the laws, are they serving the community? His life work with children should continue, and a felony charge would prevent that. It would be a shame to the community to harm the heart of such a kind man.
Just wa;lk in the shoes of another man for a minute, What would you really have done, had you just been confronted with someone violating the sacred security of your home and family. Now if you were in the same situation, knowing of the possible violence your family and neighbors may be subject to with a person who has no regard for your family. Keira’s character is that of a Protector. he followed all the legal steps necessary, that he could and must have been under extreme distress, realizing the individual was still violating his environment. With the revolving door of criminals allowed to violate human rights with minor punishment, when does a person have the right to say no, stop. I know that Earhart did not intend in shooting or harming the thief, but just to stop him. There’s got to be more facts in this case that warrant a Strong defense in his favor. He’s just too good of a person to be persecuted for defending the community and his family. It’s just not in his character not to be compassionate to “all” people. It must have been an accident.
He has lead the talking circle, He has learned and shared his life with and of others. He is humble. He has fostered community and culture, and children. He should continue. He will need to become whole again. He will always carry this in his heart. He is an Honorable person. He is suffering and full of sorrow for what has occurred, we would expect that. We are sorrowful with him. Our hearts go out to the family of Rzechula. We are sorrowful you must suffer this loss. He will carry on in many hearts, and may he have a safe journey to the Great Spirit.

Michelle Ochoa

Can you Honestly Judge?
Pray don’t find fault with the man who
limps or stumbles along the road
Unless you have worn the shoes he wears
or struggled beneath his load
There may be tacks in his shoes that hurt
though hidden from view;
Or the burden he bears placed on your back
might cause you to stumble too.
Don’t sneer at the man who is down today
unless you have felt the blow
That caused his fall or felt the shame
that only the fallen know.
You may be strong, but still the blows that
were his; if dealt to you
At the self-same way at the very same time
may cause you to stagger too.
Don’t be too harsh with the man you think sins
or pelt him with words or stones;
Unless you are sure, yes doubly sure;
that you have no sins of your own.

RCW 9A.32.050
Murder in the second degree.
(1) A person is guilty of murder in the second degree when:

(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or

(b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

(2) Murder in the second degree is a class A felony.
[2003 c 3 § 2; 1975-’76 2nd ex.s. c 38 § 4; 1975 1st ex.s. c 260 §9A.32.050 .]

Murder 2 , please bold the sections iii and iv because , if he knew the burglar was stealing guns, and was in the process of obtaining his, he and everyone are in imminent danger. And he must have believed he was likely to conduct or engage in conduct likely in death…for god sakes he was stealing a gun.
Again, I must say that breaking into someone’s home and/or stealing is not a theft of property, it is a theft of spirit, of security, of safety for your family. It is our great-full duty to protect these of those we love. (Everyone)

I do not believe Keira attempted to cause death to anyone.

I listened to a young child’s prayer today, they said” I pray that what is right is the truth. I pray the court will see the truth.”

Michelle Ochoa


28 posted on 11/23/2009 1:06:37 PM PST by Michelle Ochoa
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