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Gun owner shoots, kills 2 armed robbers after they raise their weapons [PA]
The Daily Caller ^ | 11/07/2013 | Faith Braverman

Posted on 11/22/2013 4:28:20 AM PST by expat1000

William Medina, 24, and Robert DeCarr, 18, were armed and masked when they held up Krick’s Korner Market in Reading, Pa., Monday.

WPVI-TV Channel 6 reports that the robbery happened a little after 2 p.m., and that the two gunmen harassed and pointed their weapons at the terrified employees before making their way to their getaway car, driven by 21-year-old Alexander Garcia-Bialek.

The two men were loaded up with lottery tickets, cigarettes and cash, and as they exited the store, they were approached by an armed bystander who had been watching the robbery. He told them to stay where they were and that he was calling the police. All three drew their guns, and Medina and DeCarr were both shot in the chest. Both men were killed.

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


TOPICS: Crime/Corruption; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; crime; selfdefense
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Dateline Nov 7th - Maybe posted before but did not show up in search.

[They were nice boys - it's the drugs than made them do bad things, yada, yada]

1 posted on 11/22/2013 4:28:20 AM PST by expat1000
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To: expat1000

One shot center mass and two KIAs. Wow. We need to know the caliber and the type ammo. BTW, good shooting pal.


2 posted on 11/22/2013 4:30:11 AM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Mouton

I think it’s a Specter 6.5 X 52


3 posted on 11/22/2013 4:31:43 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: expat1000

Man of the Year-awesome


4 posted on 11/22/2013 4:32:40 AM PST by laweeks
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To: Mouton

my guess would be .357 or 44 but the previous stories on this never indicated only one shot.


5 posted on 11/22/2013 4:32:56 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Mouton

Oh, the icing on the cake on this one the getaway driver is charged with murder, so it’s kind of 3-fer.


6 posted on 11/22/2013 4:34:12 AM PST by expat1000
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To: expat1000

That’s some good shooting, mister.

Thank you for your service to society.


7 posted on 11/22/2013 4:35:05 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: Mouton
WTF ??

"The driver of the getaway car is now being charged with second degree murder. According to Berks County District Attorney John Adams, Garcia-Bialek is liable for the deaths of his friends due to transferred intent.'

What the hell is transferred intent ?

And if it is a REAL charge ... we have the precedent to arrest all of Washington.

8 posted on 11/22/2013 4:35:35 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: expat1000

Don’t you just love a happy ending first thing in the AM?

Play with fire and you get burned, simple as that.


9 posted on 11/22/2013 4:37:16 AM PST by DaveA37
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To: Progov
From Cornell University Legal Law Institute


Transferred intent is used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead. In this case, the defendant's intent transfers from the intended victim to the actual victim and can be used to satisfy the mens rea element of the crime that the defendant is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes.

DEFINITION FROM NOLO’S PLAIN-ENGLISH LAW DICTIONARY

Intent to commit a criminal or civil wrong against one person that instead harms a different person. In this situation, the intent necessary to convict or find the wrongdoer liable transfers from the intended act to the committed act. For example, someone who intends to shoot and kill one person, but misses and kills a bystander may be convicted of murder; the perpetrator had the necessary criminal intent even though he or she didn't intend to kill the bystander. Definition provided by Nolo’s Plain-English Law Dictionary.

10 posted on 11/22/2013 4:39:54 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: expat1000

no doubt Jessie and Al will have someone sniffing around the bodies, looking for a way to get some action out of it.


11 posted on 11/22/2013 4:41:57 AM PST by tm61 (Election 2012: we find it IS possible, to polish a turd.)
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To: knarf

actually the theory is “felony murder”

basically if anyone dies (including the perps) during the commission of a felony the co-conspirators are guilty of felony murder...

IOW, two dudes break into your house at night with only the intent to steal something...you point a gun at them and hold them for the police...one dude has a heart attack and dies

leftover scum can be charged with murder, even though there was no intent to kill anyone


12 posted on 11/22/2013 4:44:28 AM PST by Abundy
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To: expat1000
Medina’s cousin Peter Ratel had a message for the man who shot William Medina.

“If you were that concerned, you really should have just called the cops, and let the cops do their job instead of taking it into your own hands and just killing somebody.”

If you were that concerned, you really should have just taught your cousin not to be a vicious, low-life, thug.

13 posted on 11/22/2013 4:44:47 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: expat1000

If you want to know exactly how dire a situation this country is in, watch the video of the family of the dead guy.


14 posted on 11/22/2013 4:44:49 AM PST by Trailerpark Badass (There should be a whole lot more going on than throwing bleach, said one woman.)
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To: knarf

I am not an attorney so I have no idea what transferred intent is but in most jurisdictions if there is a homicide during the commission of a felony, including the death of a perp, others involved in the conspiracy are liable for a charge of murder, usually 2nd degree.


15 posted on 11/22/2013 4:51:38 AM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: expat1000

16 posted on 11/22/2013 4:52:42 AM PST by blam
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To: WayneS
The more I analyze this situation, the more it seems like a bogus charge.

All examples are of a perpetrator doing something that did not hit it's intended target .... NOTHING about the guy along for the ride.

17 posted on 11/22/2013 4:52:57 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: expat1000

Now this is the kind of gun control we need. Shots fired, perps dead!!


18 posted on 11/22/2013 4:54:35 AM PST by John O (God Save America (Please))
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To: Mouton
I marvelled at the words used ...

Just think about those two words without attaching any legal definition to them ...


TRANSFERRED INTENT

19 posted on 11/22/2013 4:55:07 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: knarf

AKA felony murder. If someone dies during a felony, all the perps are charged with it because of their reckless disregard for human life. In this case, taking two armed thugs to rob a store is clearly a felony and two of the three bad guys died so driver guy is guilty of felony murder.


20 posted on 11/22/2013 4:55:52 AM PST by Mercat
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To: expat1000
***lottery tickets***

Put the shooting aside, and it is a given that most street thugs are not at the same level of cognitive functioning as the average rocket scientist....

What were they thinking? These things have serial numbers! As soon as they tried to cash in a winning ticket alarms would have gone off.

21 posted on 11/22/2013 4:58:52 AM PST by Gamecock (If you like your constitution, you can keep your constitution. Period. (M.S.))
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To: expat1000

“Oh, the icing on the cake on this one the getaway driver is charged with murder, so it’s kind of 3-fer.”
////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////

It is amazing that the law seems to have gotten it real world right, the way it should be. In liberal LaLa land the shooter would be charged with double murder plus scaring the getaway driver and the getaway driver would receive a million dollars to compensate for his distress. Of course the two dead robbers would have statues erected in their honor.


22 posted on 11/22/2013 5:01:14 AM PST by RipSawyer (The TREE currently falling on you actually IS worse than a Bush.)
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To: expat1000

WOW! What a way to start Friday morning great news good shooting, love happy endings.


23 posted on 11/22/2013 5:05:34 AM PST by bikerman (Obama! if his lips are moving he's lying.)
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To: knarf

Felony Murder Rule - Analyzing it does nothing to change it. If you conspire to commit a crime and participate in the commission of that crime, you are liable for the outcomes of that crime. It doesn’t matter if you drive the car, pull the trigger, or just serve as a lookout. If you don’t want to be charged with a Felony, don’t participate in the commission of a crime.


24 posted on 11/22/2013 5:07:11 AM PST by 230FMJ (...from my cold, dead, fingers.)
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To: knarf

Most states have a law that states, in effect, that if you commit a crime during which someone(anyone, your friends or innocent bystanders)is killed you can be charged with murder whether or not you actually used a weapon of any kind. This includes look outs and drivers.


25 posted on 11/22/2013 5:08:47 AM PST by calex59
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To: expat1000

I love a happy ending.


26 posted on 11/22/2013 5:12:12 AM PST by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Gamecock

There is usually only one way to fix stupid.

2 out of the 3 got fixed pretty good.


27 posted on 11/22/2013 5:12:37 AM PST by Delta 21 (If you like your freedom, you can keep your freedom. Period.)
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To: knarf

“. NOTHING about the guy along for the ride.”
////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
You are not “along for the ride” if you drive the car to the crime scene and wait behind the wheel, you are a conspirator to commit a crime. Even if you really thought you had just driven them there to get a pack of cigarettes and were more surprised than anyone else to see them pull a robbery you will still be held responsible. Teach young people to be careful who they ride with. A lot of people have gone to prison simply by being with the wrong people at the wrong time.


28 posted on 11/22/2013 5:15:08 AM PST by RipSawyer (The TREE currently falling on you actually IS worse than a Bush.)
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To: knarf

I’m not sure what you are referring to, but if it is to the charges being brought against the get-away driver after his partners in crime were killed in the commission of their crime, then in my opinion it is not a “bogus” charge.

Get-away drivers are NOT just “along for the ride”.


29 posted on 11/22/2013 5:21:41 AM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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To: expat1000

Great story.


30 posted on 11/22/2013 5:23:01 AM PST by petercooper ("I was for letting people keep their health insurance, before I wasn't". --- Barack Obama)
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To: knarf

I knew that.


31 posted on 11/22/2013 5:29:11 AM PST by DaveA37
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To: expat1000

It’s always the same story: good boy, shocked, never could believe it, why did it have to happen...

Always there’s no dad. There’s a pattern here.


32 posted on 11/22/2013 5:29:19 AM PST by 1010RD (First, Do No Harm)
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To: expat1000

But bill maher said this isn’t supposed to happen.


33 posted on 11/22/2013 5:30:48 AM PST by longfellow (Bill Maher, the 21st hijacker.)
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To: expat1000

The part that cracked me up was about the memorial set up outside the store; the store the thugs just robbed. I doubt the store owner set it up! I say, take it down. Although on the other hand maybe it’ll serve as a lesson to any future thugs.


34 posted on 11/22/2013 5:31:26 AM PST by Shannon
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To: expat1000
“If you were that concerned, you really should have just called the cops, and let the cops do their job instead of taking it into your own hands and just killing somebody.”

First, if you weren't there, you don't get to play Monday Morning Quarterback.

Second, you sure you want to be talking smack about the guy that took out your pussy cousin AND his boyfriend in a stand-up fight?

You must have a particularly thick skirt to hide behind, bitch.

35 posted on 11/22/2013 5:37:47 AM PST by papertyger ("refusing to draw an inescapable conclusion does not qualify as a 'difference of opinion.'")
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To: expat1000

Jus teens playin da lets go shoppin “game”


36 posted on 11/22/2013 5:38:18 AM PST by showme_the_Glory (ILLEGAL: prohibited by law. ALIEN: Owing political allegiance to another country or government)
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To: expat1000
As Tuco said in The Good, The Bad and The Ugly -—When you have to shoot - SHOOT - don't talk!
37 posted on 11/22/2013 5:39:10 AM PST by USMA '71 ((Re-elect no one!))
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To: Shannon
I say, take it down

I say get film of the trash adding to the memorial....

38 posted on 11/22/2013 5:43:07 AM PST by papertyger ("refusing to draw an inescapable conclusion does not qualify as a 'difference of opinion.'")
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To: expat1000

I got a message for Peter RATel. Go #$*& yourself.

Lowlife bastards got EXACTLY what they deserved and the hero who cleaned up this garbage deserves an award for saving taxpayers the expense of trying and incarcerating these mutants.


39 posted on 11/22/2013 5:43:37 AM PST by ZULU (Impeach that Bastard Barrack Hussein Obama)
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To: Gamecock

Shush up. We can’t let them know that the lottery tickets are numbered.


40 posted on 11/22/2013 5:48:34 AM PST by certrtwngnut (')
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To: expat1000

Yes : We are all happy with the results, but just think of a community that sets up a memorial to armed robbers.

What does that say to the youth of that community. What does it say about the community.

The family which blames a concerned citizen instead of their armed thug relatives. Just be happy you do not live in this community.


41 posted on 11/22/2013 5:50:44 AM PST by Venturer (Keep Obama and you aint seen nothing yet.)
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To: expat1000

Unfortunately many of the smaller cities in PA like Reading and Lancaster (and a bunch more) have really gone down the crap hole in the last 20 years. The usual suspects are hispanic.


42 posted on 11/22/2013 5:59:33 AM PST by TheRhinelander
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To: knarf

Groan. The driver was present at the crime, provided the means of travel to commit the crime and because his buds were armed he understood the crime may involve homicide. Therefore, the intent to kill is shared (transferred) by the accomplice of the armed robbery. Ironic it was his buddies though. Too bad, so sad.


43 posted on 11/22/2013 6:13:11 AM PST by Justa
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To: Justa
I understand the law ... I'm commenting on the verbage !

transferred intent.

Sorry, but I think words' meanings should not go all over the place.

I had this same argument back in the 60's ...

Man, them be some baaad threads !

44 posted on 11/22/2013 6:27:20 AM PST by knarf (I say things that are true .. I have no proof .. but they're true.)
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To: knarf

.338 Laberdoodle


45 posted on 11/22/2013 6:39:29 AM PST by TurboZamboni (Marx smelled bad & lived with his parents most his life.)
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To: RipSawyer
To be charged with felony murder, the perp has to have had the intent to commit the felony which gave occasion to the murder. So, if the driver knew ahead of time that he was driving the getaway car, he was a participant in the felony and can be charged with all the consequences. If he could prove that he really thought he was only going for a pack of cigarettes, he didn't have the necessary mens rea.
46 posted on 11/22/2013 6:39:37 AM PST by Mr. Lucky
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To: Venturer

These guys were not shot because hey robbed a store. They were shot because they pointed their guns at somebody.

Once you point your gun at somebody, you have ceased being whatever you were up until a second ago, and you have started being a gunfighter. Gunfighting is a very dangerous business, and getting killed is one of the risks you take.

It is tragic that it was necessary that these two guys had to die, but that situation was one of their own making. They could have backed down at any time, but they took it as far as it would go, and now they’re dead. Regrettable but necessary.


47 posted on 11/22/2013 6:39:45 AM PST by Haiku Guy (Health Care Haiku: If You Have a Right / To the Labor I Provide / I Must Be Your Slave)
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To: expat1000
As a former LEO it probably was a good thing this was a citizen. Most cops can't hit the side of a barn. Most don't spend much time at the range except to qualify. This guy seems to have been really well trained. Let's face it this situation doesn't happen too often and you get pretty hyped up at the time.
I had one shoot or be shot moment. Luckily no one killed, especially me. But all the same most cops don't train nearly enough for these situations. No knock on the force just a fact. That was 35 years ago. With the world as it is today probably not a bad thing for much more arms training for LEO’s. Not just when to shoot but when NOT to shoot.
48 posted on 11/22/2013 6:43:05 AM PST by prof.h.mandingo (Buck v. Bell (1927) An idea whose time has come (for extreme liberalism))
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To: expat1000
Facilis descensus Averno; noctes atque dies patet atri ianua. - The gates of Hell are open night and day; Smooth the descent, and easy is the way. -- (Virgil, from The Aeneid, Book 6)
49 posted on 11/22/2013 6:49:25 AM PST by yefragetuwrabrumuy (War on Terror news at rantburg.com)
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To: Mouton
 photo PIL_zpse85d3070.jpg
50 posted on 11/22/2013 6:58:36 AM PST by baddog 219
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