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Posted on 07/15/2003 5:42:39 AM PDT by GailA
Killer of robber not to be charged Was rightfully defending himself
By Chris Conley conley@gomemphis.com July 15, 2003
State prosecutors will not pursue criminal charges against a 22-year-old East Memphis man who killed one home invader and wounded a second.
But Dist. Atty. Gen. Bill Gibbons cautioned Monday against taking the law into one's own hands.
Ricky Ricardo Wilborn, 21, was fatally shot Friday night at 4555 Dunn. An alleged accomplice, Ali R. Ford, 24, was critically wounded.
On Monday, police charged Ford with aggravated robbery and aggravated kidnapping of Jason Filippelli, 22.
About 10:45 p.m. Friday, Filippelli was at the Union Planters ATM at Quince and Perkins withdrawing money, when he was accosted by two armed men who demanded his money.
Filippelli gave the gunmen the money he had withdrawn, but they demanded more, police said.
When he attempted to withdraw additional money, the machine kept his card.
Filippelli was then forced to drive to another ATM, at Perkins and Knight Arnold, but he was unable to get any money, police said.
He was then ordered to drive to his home, where he was escorted inside by Wilborn. Filippelli was able to draw a pistol on Wilborn and shot him dead.
Ford confronted the victim and was also shot, police said. It was unclear whether Filippelli had the pistol inside the house or was carrying it.
The District Attorney General's Office, after reviewing the investigative file on the shooting, concluded that Filippelli was rightfully defending himself and should not be charged.
"Each homicide case is individually reviewed based on the facts," Gibbons said.
"These decisions should not be taken as a sign that it is legal to use deadly force solely to protect or recover property," he said. "In such cases, those individuals may be prosecuted."
Last Wednesday, the 71-year-old homeowner at 4212 Warbonnet in Westwood fatally shot a would-be intruder. Gibbons's office ruled that a justifiable homicide, as well.
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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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Why not hang a sign around everybody's necks that says "I am unarmed sitting duck. Do what you wish with me."?
A friend of mines mother was beat to death in her own home just two nights ago. I wish to God she had have been armed and ready. These says the citizens have to be seen as a threat to the criminals. Police aren't worth a damn in any of these cases.
Filippelli should be given a medal and a tax free cash award.
This is utterly ludicrous. Defending yourself during a home invasion is not taking the law into your own hands, it is the exercising of a fundamental right. I'll bet anything this DA is a Rat.
Unfortunately, decadent "Liberals" (I know--it's a redundancy) are too confused to understand this or to keep themselves from forcing their dangerous and absurd opinions upon the rest of us.
I'd like to ask him "What law? The law that says you have to sit passively and take it whenever threatened?"
The "law" belongs to "the people." Attorneys general are just hired to do a job FOR the people. I trust Mr. Gibbons isn't suffering under the delusions of omnipotence.
Let me speak for the dearly departed Ricky.
"He was turning his life around..."
"He didn't deserve to die..."
/ perp's family mode
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