Posted on 05/27/2002 6:17:24 PM PDT by nickcarraway
05/26/2002
Man who killed burglar faces manslaughter charge
CHEHALIS, Wash. (AP) - An arrest warrant has been issued for a rural Centralia man who shot and killed an apparent burglar near his home last month.
The warrant for Oliver Glenn Hooker, 65, was issued Friday by Lewis County prosecutors. Hooker was out of state over the holiday weekend but was to be arrested when he returned home, Lewis County Undersheriff Gordon Spanski said.
At issue is the April 27 death of David Michael Cline, 38, of Longview, who was fatally shot as he loaded items into his vehicle from a property that includes two homes and at least one shed.
The property, which had been burglarized several times, is owned by Tom Treloggen, a former Hollywood film producer who lives in California. Hooker moved there about 10 years ago from California after he retired.
At the time of the shooting, Hooker told the Lewis County Sheriff's Office he fired toward Cline to prevent his escape. There was no reference to self-defense.
According to charging documents, Hooker fired three warning shots with his .38 caliber pistol, then fired a fourth shot in the intruder's direction because he didn't want him to get away. He fired a fifth shot that hit the car and a sixth shot that hit a tire, the documents say.
Hooker then checked the alarm in the shed to make sure it had activated to summon sheriff's deputies, and asked his wife to phone 9-1-1 and ask for police and an ambulance.
In a news release, Prosecutor Jeremy Randolph noted that in 1962, the state Supreme Court ruled that private citizens can use force to stop a felon to the same extent that a police officer can.
However, the U.S. Supreme Court limited police, and thus citizens', use of force to situations in which life is in jeopardy, Randolph said. That did not appear to be the case when Hooker fired, he said.
``In this case, the indication here is that Mr. Hooker was frustrated and that he shot in the direction of the victim to keep him from leaving the scene of the alleged burglary.''
Manslaughter carries a maximum penalty of life in prison.
Yea before 1962 or there abouts theft was a crime punishable by death. Maybe the govermunt owes all them there hoss thieves families that twas hung a bunch of money for their civil rights being violated. If someone is stealing from me I have to assume they would as well have no trouble killing me as to avoid getting caught and doing any time. I don't feel sorry for the thief. He had a choice not to steal.
Not on his property,not in self defense,he f$^@ed up big time.
Ooops,find a gooood lawyer and he might have a chance.
Add Civil Suit too. :-(
Yes indeed!
That would be a hate crime, probably punishable by death.
Or worse.
This is still correct.
About ten months ago my neighbors burglar alarm went off in the middle of the night. I live on a six house cul-d-sac and before the guy could get it shut off four of us were in the street armed to the teeth. It’s nice to live on a street where every home is owned by a veteran. Four Army, one Navy, and a retired Coast Guard officer.
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.