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Man faces murder charges after killing alleged robber(WV)
wvgazette.com ^ | 22 August, 2011 | Kathryn Gregory

Posted on 08/23/2011 5:26:17 AM PDT by marktwain

CHARLESTON, W.Va. -- A Logan County man was killed outside a Walmart store after he allegedly attempted to rob another man with a knife. The would-be victim now faces murder charges after he shot the alleged robber dead.

Shortly before 5 p.m. Monday, David Abbott, 37, of Chapmanville approached a man outside the Walmart store in the Fountain Place shopping center on Corridor G, according to Police Chief E.K. Harper of the Logan City Police Department.

Abbott threatened Jesus Canul, 26, of Logan, with a knife and attempted to rob him, according to Harper.

Sometime during the confrontation, Canul pulled out a firearm and shot Abbott in the head, Harper said.

The confrontation took place right outside the front door of the store, the chief said. Abbott ran into the store after he was shot, and collapsed inside the store, he said.

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


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: West Virginia
KEYWORDS: banglist; knife; robber; wv
No castle law in West Virgina.
1 posted on 08/23/2011 5:26:20 AM PDT by marktwain
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To: marktwain

Sounds like the charge is just procedural. He’ll walk. Even the police chief said, “Don’t bring a knife to a gun fight.”


2 posted on 08/23/2011 5:34:07 AM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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To: marktwain
If this goes to trial, it is a perfect case for jury nullification.

FUBO GTFO !

3 posted on 08/23/2011 5:35:49 AM PDT by The Sons of Liberty (Psalm 109:8 Let his days be few and let another take his office. - Mene, Mene, Tekel, Upharsin)
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To: marktwain

Jesus and old, old, old, west Virginia family name.


4 posted on 08/23/2011 5:36:14 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: marktwain
No castle law in West Virgina.

Actually there is a castle law in West Virginia and a pretty strong one at that, it just became law in 2008....

On Wednesday, March 12, Governor Joe ManchinMan , (D) signed Senate Bill 145, West Virginia’s “Castle Doctrine” bill, into law. SB145 will permit law-abiding citizens to use force, including deadly force, against an attacker in their homes and any places outside of their home where they have a legal right to be. It is clearly stated that there is no “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground to protect themselves and their family. SB145 also protects individuals from civil lawsuits by the attacker or the attacker’s family when force is used.

I don't know if there is more to the story than we our hearing, or if this is a case of some anti- defense law enforcement/prosecuting attorney. In any case, the population of West Virginia tends to be as pro-self defense as deep Texas, so I don't see this going very far in the courts.

5 posted on 08/23/2011 5:37:54 AM PDT by apillar
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To: marktwain
Updating: almost heaven West Virginia
6 posted on 08/23/2011 5:43:35 AM PDT by NonValueAdded (Tagline on vacation, day 4)
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To: apillar

I guess the issue revolves around whether or not protecting the life of a third party is covered by the WV statute. It is in some states. Hopefully the jury will correct this error and if necessary, the legislation gets an update and the prosecutor gets fired.


7 posted on 08/23/2011 5:47:02 AM PDT by NonValueAdded (Tagline on vacation, day 4)
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To: NonValueAdded

And it may center on something else, picture of Latino at link.http://booneexaminer.com/


8 posted on 08/23/2011 5:52:41 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: org.whodat
"Police say, as far as they can tell, these men didn't know each other.

Without offering many details, police said just because Canul was robbed, does not mean this is a case of self defense.

"That's kind of the prosecutor's call. And, there are some facets of it that we don't believe self defense really carries in this," Logan Police Chief E.K. Harper said."
9 posted on 08/23/2011 5:56:54 AM PDT by WaterBoard
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To: WaterBoard

May be one of those I paid for the drugs, you did not deliver, I want my money back. Was Jesus a known drug dealer??? Cops are not saying.


10 posted on 08/23/2011 6:06:15 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: marktwain

Story says Abbott ran toward Wal-Mart and THEN Canul shot him. That is why he is faces charges, I guess.


11 posted on 08/23/2011 6:08:48 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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To: org.whodat

Police state the CCW victim went Walmart and cashed his paycheck when he was attacked in the parking lot.


12 posted on 08/23/2011 6:17:47 AM PDT by WaterBoard
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To: WaterBoard

The police said that is what the shooter said, seems someone does not believe that is the whole story.


13 posted on 08/23/2011 6:22:17 AM PDT by org.whodat (What does the Republican party stand for////??? absolutely nothing.)
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To: MeneMeneTekelUpharsin
Story says Abbott ran toward Wal-Mart and THEN Canul shot him.

I don't think you and I are reading the same story.

14 posted on 08/23/2011 6:23:17 AM PDT by Roccus (Obama & Holder LLP, Procurers of fine arms to the most discerning drug lords (202) 456-1414)
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To: Roccus

If you click on the link in post 8, that is what was reported in the local newspaper. If he shot the assailant while the assailant was running away he is in serious trouble.


15 posted on 08/23/2011 6:36:28 AM PDT by cbvanb
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To: cbvanb; MeneMeneTekelUpharsin
I was right. We were reading different stories. Thanks
16 posted on 08/23/2011 6:40:12 AM PDT by Roccus (Obama & Holder LLP, Procurers of fine arms to the most discerning drug lords (202) 456-1414)
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To: marktwain

Was there no video in front of the store?

Check Jesus for being here legally.


17 posted on 08/23/2011 7:27:57 AM PDT by School of Rational Thought ("The proposition that the government is always right is manifested either in corruption or benefits)
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To: marktwain

Since when did West Virginia become a liberal state?


18 posted on 08/23/2011 7:29:55 AM PDT by BlazingArizona
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To: marktwain
Stranger things have happened in Logan.
19 posted on 08/23/2011 7:31:11 AM PDT by Glenn (iamtheresistance.org)
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To: BlazingArizona
Since when did West Virginia become a liberal state?

How long was Robert "KKK" Bird in office?

20 posted on 08/23/2011 9:24:20 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: marktwain

yes, we have the castle doctrine, but theres some question as to whether or not the robber was running away when he was shot. Either way, I think the victim was clear


21 posted on 08/23/2011 9:46:04 AM PDT by Armedanddangerous
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To: MeneMeneTekelUpharsin
I think there should be extenuating circumstances enshrined in the law. If the perp is retreating, but the threat to the life of the victim was still extant, then deadly force is still allowed. This means that just because the bullet wound enters the perp's backside, the victim is not automatically accused of murder.

I believe that the law should provide considerable leniency in interpretation in favor of the victim. Meaning, if the perp threatens the victim's life, and loses his own in the process, there are very few possibilities for a murder charge.

I'm not excessively heinous here; if the victim draws the gun on the perp, and the perp raises his hands on gets on the ground, and the victim shoots him just because he's pissed, and the terror of the moment has passed, then this is murder. But if the shot happens in the heat of battle, even the the perp had pulled away, then murder is NOT justified.

Whatever the case, WV now has one fewer scumbag running around the streets.

22 posted on 08/23/2011 1:55:50 PM PDT by tom h
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