Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Prosecutor Won’t File Charges In Deadly Fort Smith [AR] Mall Shooting
5 News Online ^ | 5:09 pm, May 19, 2014, | by Curt Lanning

Posted on 05/20/2014 5:10:03 PM PDT by DeaconBenjamin

Sebastian County Prosecutor Daniel Shue has decided not to file charges against a man involved in the deadly Fort Smith mall shooting that occurred on May 10, according to a statement released by his office Monday (May 19).

Shue states it is the opinion of his office that Grayson Herrera was justified in his use of deadly force at Central Mall against Fadi Qandil, who died from injuries suffered in the shooting.

“This is a justifiable homicide which does not merit the filing of criminal charges,” Shue states.

Fadi “Frankie” Qandil, 34, died from injuries sustained from multiple gunshot wounds to the upper torso in a parking lot between the Malco Theaters and JC Penney, said Sgt. Daniel Grubbs with the Fort Smith Police Department.

Fort Smith police responded to a report of shots fired at the mall at 7:41 p.m. May 10.

Investigators said Qandil confronted his estranged wife, Tabitha Qandil, 31, Grayson Herrera, 23, and Dustin O’Conner, 27, as the three were headed to the movie theater.

“The victim raised his shirt and showed a weapon within his waistband, began to pull the weapon. The other two were concealed handgun weapon carriers, and they pulled their weapons,” Grubbs said. “And there was an exchange of gunfire.”

An off-duty officer was working security inside the Malco, and another off-duty officer was attending a movie, when both heard the shots and ran to the parking lot, Grubbs said. The officers were able to disarmed Herrera and O’Conner.

The main law that led to Shue’s decision not to file charges was Arkansas Code Annotate 5-2-607, which states:

“A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: committing or about to commit a felony involving force or violence or using or about to use unlawful deadly physical force.”

Shue says in his statement, “Considering all circumstances, Herrera had a reasonable belief that Qandil was committing or about to commit a felony involving force or violence (attempted murder or aggravated assault) and/or that Qandil was using unlawful deadly physical force upon Mr. Herrera or the other persons present at the scene.”

The statement continues, “It is clear from the investigation conducted that Herrera was lawfully exercising his rights under Arkansas law by defending himself and/or other persons when he took the action that resulted in the death of Qandil.”


TOPICS: Crime/Corruption; Government; US: Arkansas
KEYWORDS: banglist

1 posted on 05/20/2014 5:10:03 PM PDT by DeaconBenjamin
[ Post Reply | Private Reply | View Replies]

To: DeaconBenjamin

Weren’t the anti’s asking who would need to take a gun to a movie?


2 posted on 05/20/2014 5:17:52 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver
The officers were able to disarmed Herrera and O’Conner.

Well... I'm glad the police could make themselves useful.

3 posted on 05/20/2014 5:26:57 PM PDT by Fido969 (What's sad is most)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Fido969

it all worked out just the way it was supposed to...


4 posted on 05/20/2014 5:35:00 PM PDT by latina4dubya (when i have money i buy books... if i have anything left, i buy 6-inch heels and a bottle of wine...)
[ Post Reply | Private Reply | To 3 | View Replies]

To: DeaconBenjamin
“The victim raised his shirt and showed a weapon within his waistband, began to pull the weapon. The other two were concealed handgun weapon carriers, and they pulled their weapons,” Grubbs said.

Sgt. Daniel Grubbs is an idiot. This guy was an assailant, not a victim.

5 posted on 05/20/2014 5:36:37 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeaconBenjamin

Herrera was struck once and taken by ambulance to a Fort Smith hospital with a minor injury.

It’s noteworthy that there don’t seem to be any pictures of any of the involved on the Internet.


6 posted on 05/20/2014 5:37:04 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeaconBenjamin

He needed killin’.


7 posted on 05/20/2014 5:37:25 PM PDT by 2ndDivisionVet (I will raise $2M for Cruz and/or Palin's next run, what will you do?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeaconBenjamin

As an aside, the estranged wife seems to be smarter than average, in hanging out with not one, but two, cc holders. I suspect that her late husband had made it a habit of threatening her life.


8 posted on 05/20/2014 5:39:20 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
[ Post Reply | Private Reply | To 1 | View Replies]

To: driftdiver
Weren’t the anti’s asking who would need to take a gun to a movie?

Well, those people shouldn't have been walking with the estranged wife of the "victim" (/sarc), since they weren't immediate family members. She was supposed to be killed for his honor, and they shouldn't have interfered. /sarc

Mark

9 posted on 05/20/2014 5:43:27 PM PDT by MarkL (Do I really look like a guy with a plan?)
[ Post Reply | Private Reply | To 2 | View Replies]

To: DeaconBenjamin

The fact that no criminal charges are filed for the justifiable use of a handgun in self defense warrants a news article.


10 posted on 05/20/2014 5:43:29 PM PDT by BerryDingle (I know how to deal with communists, I still wear their scars on my back from Hollywood-Ronald Reagan)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fido969

F’lippin’ idiots also take more than a week to not press charges on the victims. Today’s “Law Enforcement” are just geniuses!


11 posted on 05/20/2014 5:53:11 PM PDT by Roman_War_Criminal (Bible Summary in a few verses: John 14:6, John 6:29, Romans 10:9-10)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Joe 6-pack

The sergeant is correct, in a narrow technical sense. However, when it comes to law all there is, is a ‘narrow, technical sense’. The deceased is a ‘victim’ of homicide - defined as the intentional killing of another. He is the ‘victim’ because he was himself the perpetrator of criminal attempt of homicide.

The law provides for justification for reason of defense of oneself or another, which was correctly applied by the authorities here.

So although it sounds in a first reading like the decedent is somehow not responsible for his own demise, that’s not the case. Bad guy tried to shoot his ex lady and her new friends. Intended victims shot better. Cops and prosecutor correctly investigated and applied a just law.

All is well.


12 posted on 05/20/2014 5:56:20 PM PDT by SargeK
[ Post Reply | Private Reply | To 5 | View Replies]

To: DeaconBenjamin
An off-duty officer was working security inside the Malco, and another off-duty officer was attending a movie, when both heard the shots and ran to the parking lot, Grubbs said. The officers were able to disarmed Herrera and O’Conner.

Sounds like good cops running towards trouble. I bet the last sentence is more a reflection of the "journalist's" anti-self-defense attitude than a reflection on the officers...

13 posted on 05/20/2014 6:08:38 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SargeK
"The sergeant is correct, in a narrow technical sense. However, when it comes to law all there is, is a ‘narrow, technical sense’. The deceased is a ‘victim’ of homicide -"

Might want to check the Black's Law definition of, "Victim." A justifiable homicide is not a criminal act, and therefore in a, "narrow technical sense," it does not produce a victim.

14 posted on 05/20/2014 6:08:46 PM PDT by Joe 6-pack (Qui me amat, amat et canem meum.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Joe 6-pack

Grubbs ran toward trouble, did not simply shoot anyone with a gun, and otherwise appears to have behaved properly. My bet is that theonly idiot here is the POS “journalist” who added his spin to the story.


15 posted on 05/20/2014 6:10:47 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Roman_War_Criminal

“F’lippin’ idiots also take more than a week to not press charges on the victims. Today’s “Law Enforcement” are just geniuses!”

Somebody died and that deserves at least some thoughtful consideration. Many murders have been staged as “self-defense” killings.


16 posted on 05/20/2014 6:15:31 PM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DeaconBenjamin

File under: better you dead than me dead.


17 posted on 05/20/2014 6:17:24 PM PDT by jocon307
[ Post Reply | Private Reply | To 1 | View Replies]

To: jocon307

Even Marshall Dillon rarely took on two guys with guns at the same time.


18 posted on 05/20/2014 7:03:14 PM PDT by Cen-Tejas (it's the debt bomb stupid!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Joe 6-pack
Under UCR it remains a homicide. The 'victim' died as a result of force intended or calculated to cause death or serious bodily injury. That said force was justifiable in its application due to the 'victim' manifesting the intent to commit criminal homicide provides an affirmative defense which was taken into account in the prosecutor's decision.

Yes I quibble, but using the term 'victim' (and he may have been using "air scare quotes" when he was speaking) is not in itself proof of mental deficiency.

I also don't think it was inordinate to take a week to reach the prosecutorial decision. Collecting and analyzing the forensic evidence, interviewing the survivors, checking for surveillance footage, canvassing for witnesses, investigating the background and prior history - heck this was lightning speed.

Even the good DA's around here would screw around with this for 18 months. The bad ones (yeah I mean you Zappala) would charge murder and take you to trial and make you convince a jury that you were justified.

19 posted on 05/20/2014 7:06:49 PM PDT by SargeK
[ Post Reply | Private Reply | To 14 | View Replies]

To: SargeK

Well said.


20 posted on 05/20/2014 7:41:40 PM PDT by piytar (The predator-class is furious that their prey are shooting back.)
[ Post Reply | Private Reply | To 19 | View Replies]

To: Joe 6-pack

I kind of felt the same way as you... Then, as I thought about it and remembered the actual title of a class I teach, I realized he was indeed a victim. The class I teach is titled “Don’t Be a Victim”, and that is exactly what his targets made sure happened: Bad guy became a victim because his intended targets refused to do so. I will not be a victim, the bad guy will.


21 posted on 05/20/2014 8:03:58 PM PDT by Raven6 (Psalm 144:1 and Proverbs 22:3)
[ Post Reply | Private Reply | To 5 | View Replies]

To: DeaconBenjamin

This has got to be one of the worst examples of written or transcripted video journalism ever. . . even considering the obligatory leftward hoplophobia throughout the poor reporting and awkward construction.


22 posted on 05/20/2014 10:49:48 PM PDT by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DeaconBenjamin

The Qandil Mountains are in the Kurdish part of Iraq.


23 posted on 05/20/2014 11:49:42 PM PDT by Rockpile
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson