Richmond judge dismisses homicide case(VA)

timesdispatch.com ^ | 1 July, 2010 | Reed Williams

[marktwain]

Richmond, Va. --

A Richmond judge dismissed a homicide case yesterday at the request of prosecutors, who have concluded that last month's shooting of Jameal Smith was an act of self-defense.

Authorities have reclassified the case as a justified killing, which lowers from 20 to 19 the total number of homicides that Richmond police are reporting for this year.

Yesterday, Judge David Eugene Cheek Sr. of Richmond General District Court dismissed a murder charge against Andre Russell Harvin, 51, in the death of his girlfriend's son, Jameal Smith, 18.

Smith was shot and killed May 27 in the home his mother shared with Harvin in the 5500 block of Euclid Avenue in the city's Fulton area.

Police learned during their investigation that Smith had been demanding money from Harvin over the past couple of months so that Smith could buy drugs, said Richmond Deputy Commonwealth's Attorney Learned Barry.

On the day of the killing, Harvin and Smith's mother refused to give Smith any more money, which angered Smith and prompted him to force his way into the house about 10:30 p.m., Barry said.

"He kicks the door in. He's got a knife. He rushes Mr. Harvin," Barry said.

Harvin shot Smith with a handgun that Smith's mother had given Harvin that evening, Barry said. Smith died at the scene.

Harvin turned himself in to police after the shooting and gave a full statement, and Smith's mother confirmed Harvin's claim of self-defense, Barry said.

[marktwain]

This is one of the cases where the shooter and the person shot know each other, which the anti-freedom types imply, always means that the shooting was unjustified. /S

[PowderMonkey]

Yup. Yet another “child” to be counted as “victim” and “family member” by the Brady Bunch.