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UPDATED: DA: Shooting death 'justified'
jdnews.com ^ | 11 May, 2012 | LINDELL KAY

Posted on 05/12/2012 4:16:51 PM PDT by marktwain

A Camp Lejeune Marine who shot and killed a nude intruder last month will not face prosecution, District Attorney Ernie Lee said Friday.

David Darling, 22, was killed April 8. He was shot immediately after jumping through a window at 111 Fieldcrest Drive. He lived at 113 Fieldcrest.

The 24-year-old shooter has not been publicly identified by authorities.

Lee said he hopes this case and one the same week in Onslow County in which two intruders were killed by residents will give someone pause before breaking into or burglarizing a residence.

“I hope it does serve as a deterrent,” he said. “You are putting your own life at risk. I would hope that anyone thinks before they act.”

During a press conference Friday, Lee methodically explained the events leading up to Darling’s death.

Darling was naked while walking up and down Fieldcrest Drive shouting that he was high and on a bad trip. He was shouting “I will not kill myself for her.” Darling, a civilian, was married to a Camp Lejeune Marine, but never identified to whom he was referring, Lee said.

Darling began running up and down the road, almost being hit by a car.

A witness told investigators that Darling shouted “this is the worst trip of my life.”

The witness said Darling was acting aggressive and ran to 111 Fieldcrest when residents turned on the porch light. The Marine resident’s wife opened the front door to find Darling standing there naked and talking about a lighter and a cigarette.

Lee said the Marine resident’s wife was very concerned for her two toddler children who were asleep in their bedrooms.

Darling charged at her and the Marine resident’s wife shut and locked the door. The residents called 911.

Darling began yelling for the Marine resident to let him in the house.

The Marine resident went to his bedroom and returned to the living room with his pistol.

Darling was ramming the front door with his shoulder.

The Marine resident told Darling to leave, and that he had a gun.

“Darling responded by saying he wanted a gun too,” Lee said. “The male resident walked near the window by the front door and attempted to talk to Darling. Darling then punched the screen out of the window by the front door and then quickly thereafter jumped, diving head first through the screened portion of the window into the living room.”

The Marine resident used a 1911 .45-caliber handgun to shoot Darling three times in the back as Darling dove through the window, Lee said.

The Marine resident then tried to render aid to Darling, but Darling was dead.

There was no alcohol in Darling’s system, according to autopsy results. There were no tests performed for drugs; however, Lee said, based on the statements attributed to Darling and paraphernalia found in his home, Darling was under the influence of an unknown substance.

Lee said no evidence existed that Darling knew the residents of 111 Fieldcrest Drive.

“Based upon my review of the facts of this case, the occupants of the residence were justified in using deadly force against Darling because the actions of Darling caused the occupants to reasonably believe it necessary to use deadly force to protect their lives,” Lee said.

Darling’s family told The Daily News that he was a kind person and his apparent behavior the night he died was not like him.

“Nobody down there knows him. They read a story like that and assume the worst,” said Darling’s aunt, Monica Sawyer-Stevens. “David was a good person. He’s not a thief. He wouldn’t intentionally hurt someone.”

Darling’s death was tragic for his wife, mother and family, but occupants of the residence defended themselves in a manner consistent with state law, Lee said.

Self-defense laws and the Castle Doctrine allows for the use deadly force in protecting homes, vehicles or workplaces. The law also limits civil liabilities for people who kill someone under the listed circumstances.

Contact Daily News Senior Reporter Lindell Kay at 910-219-8456 or lkay@freedomenc.com. Read his crime blog, "Off the Cuff," at http://onslowcrime.encblogs.com. Follow him on Twitter and friend him on Facebook @ 1lindell.

There was no alcohol in Darling's system, according to autopsy results. There were no tests performed for drugs; however, Lee said, based on statements attributed to Darling and paraphernalia found in his home, Darling was under the influence of an unknown substance.

Prosecutors said today no charges will be filed against a man who last month shot and killed an intoxicated and nude neighbor who was breaking into his home.

David Darling, 22, was killed April 8. He was shot by an occupant at 111 Fieldcrest Drive during a break-in attempt. Darling lived at 113 Fieldcrest.

The shooter, an area Marine, has not been publicly identified by authorities.

Self-defense laws and the Castle Doctrine applied in the case, said District Attorney Ernie Lee. Castle Doctrine, updated Dec. 1, allows for the use deadly force in protecting homes, vehicles or workplaces. The law also limits civil liabilities for people who kill someone under the listed circumstances.

"Darling's death was justified," Lee said.


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: North Carolina
KEYWORDS: banglist; defense; home; nc
It is a bad idea to mess with Marines.
1 posted on 05/12/2012 4:17:16 PM PDT by marktwain
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To: marktwain
If,by chance,the guy was drunk it's possible that he just had the wrong house.Of course there are more sinister explanations as well.Either way it certainly seems that the Marine was justified in what he did.
2 posted on 05/12/2012 4:25:57 PM PDT by Gay State Conservative (Julia: another casualty of the "War on Poverty")
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To: marktwain
Darling was under the influence of an unknown substance.

Making a poor choice begets poorer choices.

3 posted on 05/12/2012 4:29:18 PM PDT by John123 (US$ - I owe you nothing. Euro - Who owes you nothing.)
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To: marktwain

three .45s to center mass, that would ruin most peoples day if they are on the receiving end


4 posted on 05/12/2012 4:29:42 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: marktwain
Darling then punched the screen out of the window by the front door and then quickly thereafter jumped, diving head first through the screened portion of the window into the living room.

A naked man named "Darling" punches out my screen and then dives thru the screen window. What am I supposed to do, offer him a beer?

5 posted on 05/12/2012 4:53:13 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: Gay State Conservative
it's possible that he just had the wrong house.

"JUST" had the wrong house?

I

Don't

Think

So.

There is no "right" house for someone to dive naked thru the window screen.

6 posted on 05/12/2012 5:10:59 PM PDT by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: marktwain

Idiot ate the “Goofy” tab. Most of the great unwashed do not know that LSD is making a comeback. It’s the only thing that’s American made anymore.


7 posted on 05/12/2012 5:12:00 PM PDT by TexasSecede79366 (Do politicians satisfy the literal definition of zombies?)
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To: Izzy Dunne

>> The Marine resident then tried to render aid to Darling, but Darling was dead.

Study this carefully, dear readers. Very carefully.


8 posted on 05/12/2012 5:12:00 PM PDT by QBFimi (When gunpowder speaks, beasts listen.)
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To: John123

I’m guessing that ‘unknown substance’ is the reason the intruder was naked.


9 posted on 05/12/2012 5:23:22 PM PDT by POWERSBOOTHEFAN (I love you so much,Pumpkin. You're the best cat in the world.)
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To: QBFimi

Yep, be kind to the corpseman. It will pay off later.


10 posted on 05/12/2012 5:24:07 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Gay State Conservative

Is his being nude also to be blamed on being drunk?

Typically, “nude and crazy” is more associated with PCP, to the point where many police won’t even bother with a Taser, as it will likely not work. They give a warning, and then bullets. Otherwise, they figured out that it takes five cops to take down one such user, and one or two of them will likely be injured in the process. The heck with that.

Another big hint is that they are sweating profusely. “Naked in public, crazy and sweating” in a lot of cases, and bullets are sure to follow.


11 posted on 05/12/2012 5:25:05 PM PDT by yefragetuwrabrumuy
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To: marktwain

Darling’s family told The Daily News that he was a kind person and his apparent behavior the night he died was not like him.


He was just looking for some skittles and iced tea.


12 posted on 05/12/2012 5:28:24 PM PDT by Rides_A_Red_Horse
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To: marktwain

Lots of bad choices on the part of the man shot, enough bad choices will win an evening with the Grim Reaper.


13 posted on 05/12/2012 5:48:28 PM PDT by dog breath
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To: QBFimi

I see where you are going...thinking Florida trial...why did he not render aid???


14 posted on 05/12/2012 5:55:32 PM PDT by IrishPennant (Are you behind a "Blade of Grass?")
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To: marktwain
I would hope that anyone thinks before they act.

More times than not, when anyone requires me to think for them, it ends worse for them than for me.

...just sayin'

15 posted on 05/12/2012 5:56:32 PM PDT by Delta 21 (Oh Crap !! Did I say that out loud ??!??)
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To: yefragetuwrabrumuy; Izzy Dunne
Is his being nude also to be blamed on being drunk?

I should have made it clear that that wasn't,IMO,the most likely explanation.The only reason it even occurred to me was that he lived *next door*.And for the record you'd be surprised what drunk/drugged up guys will do...20 years of working in a large hospital's ER has taught me that.

As I said the Marine certainly appeared to be justified...even more so if he had a wife or kids living with him (didn't read the whole piece).

16 posted on 05/12/2012 5:58:31 PM PDT by Gay State Conservative (Julia: another casualty of the "War on Poverty")
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To: onedoug

Ernest T. Bass must have finally married into the Darling family.


17 posted on 05/12/2012 6:04:43 PM PDT by windcliff
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To: yefragetuwrabrumuy

My tagline is appropriate here.


18 posted on 05/12/2012 6:08:35 PM PDT by Rick_Tygart (.)
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To: windcliff

Through the winder, eh?
19 posted on 05/12/2012 6:23:12 PM PDT by onedoug
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To: marktwain
Self-defense laws and the Castle Doctrine applied in the case,

No kidding? I wonder why the so called "media" feels obligated to make that statement.

20 posted on 05/12/2012 6:50:19 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
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To: marktwain

Falls under “no sh!t, Sherlock, Sir!” but that’s just me.
:)


21 posted on 05/12/2012 6:55:21 PM PDT by Protect the Bill of Rights
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To: IrishPennant
thinking Florida trial...why did he not render aid???

Imagine you just got up from having your head pounded into the concrete, with your ears ringing and the amazement that you are still alive after what could have ended very differently, and then "render aid" if you can remember how under such circs.

22 posted on 05/12/2012 7:20:43 PM PDT by thulldud (Is it "alter or abolish" time yet?)
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To: marktwain

Darling! Bang!


23 posted on 05/12/2012 8:31:09 PM PDT by Hardraade (http://junipersec.wordpress.com (nobody gives me warheads anyway))
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To: marktwain
David Darling, 22, assumed room temperature on April 8, 2012, because he was stupid. Stupidity is its own reward — dead. He will never burglarize or threaten anyone again.
24 posted on 05/12/2012 8:43:11 PM PDT by MasterGunner01 (11)
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To: driftdiver

But the Marines really teach you how to shoot.


25 posted on 05/13/2012 5:10:11 AM PDT by ops33 (Senior Master Sergeant, USAF (Retired))
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