ITS THAT TIME OF THE MONTH

ANOTHER CCP THREAD

http://www.wnd.com/index.php?fa=PAGE.view&pageId=181341

Long article so I cut a few bits out, but a good happy ending

Quote :

"FIGHTING BACK Woman 2, thugs 0 after home invasion Oklahoma break-in turns deadly when 'victim' pulls gun and fires Posted: July 24, 2010 11:00 pm Eastern One gun isn't enough. That was what Linda Smith (a pseudonym) was thinking after two thugs broke into her Oklahoma apartment. One was holding a weapon (she initially thought it was a knife but it turned out to be a screwdriver) at her throat, and the other was pacing back and forth while holding her purse and demanding her money and valuables. She screamed, and was told if she screamed again, she'd be dead. She was doing as police recommend in robberies – comply with a robber's demands. But her Lady Smith & Wesson .38 special, which she carries by permit, was hidden in her purse – and the purse was being held by one of the attackers. Then the situation, suddenly, got much, much worse: One of the robbers demanded that she take off her clothes. "Come on, what are you waiting for," he told her as he started to yank on her sweatpants, trying to take them off. Smith pleaded for her safety and distracted the attackers by telling them she would get her money, which was "in my purse." The robbers inexplicably allowed her to drop to her knees and crawl across the floor to her purse, which the second attacker had dropped. She reached inside, and the first shot was clear of the muzzle and into the torso of one of the attackers before she even pulled the weapon clear of the purse. Four more shots followed shortly and, in the end, one of the attackers was dead and the second was hospitalized facing a murder rap for having participated in a felony in which someone died. Smith, in an exclusive interview with WND, explained she comes from a family that believes in self-reliance and courage. "I choose to carry a concealed firearm, because even though I am immensely grateful for the protection from our police departments, I realize they're not God, so they can't be everywhere at once. "Deadly situations can happen in the blink of an eye," she said. "If you are not proactive … you are a vulnerable target." Smith, an Endowment member of the National Rifle Association, said she's carried a gun for almost half a decade, but never dreamed she'd be in a situation where she'd have to use it to defend her life. But she's glad the training she's had over the years kicked in at a time when it saved her from injury, or possibly much worse. "Ironically, I thought I was really prepared," she told WND. "I remember that night and saw my life flash before my eyes. Darreon Carter, the man who was attempting to rape me, had me pinned down to my couch, with a knife at my throat. I knew I didn't have access to my gun. I thought to myself, I really need to have a firearm for my home, and directly on my person." ... Jason Willingham, a public-information officer with the Tulsa Police Department, told WND that officers encourage people to cooperate with robbers if they find themselves in the situation of losing a wallet or cash. "However, if it's a situation where a rape is going to take place, or a kidnapping, we definitely encourage people to fight," he said. "You do not want to go willing. Scream. Make people wonder what's going on." "Obviously, in this situation she did exactly … the right thing," he said. While the prosecutor had not yet made a formal decision regarding her case, Willingham told WND that Oklahoma not only has a "make my day" law allowing residents to use deadly force inside their homes, but also a "stand your ground" law allowing force to be used against an attack outside the home. He said the surviving attacker probably will face a murder charge under a state law allowing that charge when a person embarks on a felony and someone dies. He said the two perpetrators are "well-known" to the Tulsa police "for criminal activities." ... Capt. Travis Yates of the Tulsa Police Department told the Tulsa newspaper it seemed to be an "opportunity crime." "Somebody saw a woman walking up to an apartment, and they decided to commit a crime, and here we are," he said. The attack developed only about 24 hours after another home invasion was reported in the area – and that one left a resident dead. Willingham, however, told WND it was unrelated to the Smith ordeal. ... "

7/26/2010 8:57:01 AM

tl;dr

7/26/2010 8:59:21 AM

^

Quote :

"Long article so I cut a few bits out, but a good happy ending "

7/26/2010 8:59:41 AM

Two thumbs up for her!!

7/26/2010 8:59:45 AM

7/26/2010 9:14:15 AM

you summed that up, but i saw a wall of text so i skipped it

7/26/2010 9:17:25 AM

^^not for me I work in a free kill zone

[Edited on July 26, 2010 at 9:18 AM. Reason : ^]

7/26/2010 9:17:53 AM

I would hate to kill anyone, but damn if it wouldn't be really satisfying to put a bullet through the guys in this situation.

7/26/2010 9:20:10 AM

Nothing is worth dying for.

7/26/2010 9:21:01 AM

Quote :

"She recalled with clarity the five shots, including those in which she picked out the attackers even though her boyfriend, black like the attackers, was struggling with them. He had been visiting and came in from the next room after the shots rang out. He reported to Smith later that one of the attackers actually had a headlock on him when she fired, knocking the assailant off of him. He had jumped into Smith's defense as both attackers were beating Smith's face and head, trying to knock her out to break her "death grip" on the weapon. "We need to stand up and we don't have to be victims," Smith told WND. "We don't have to passively stand by and allow criminals to overtake us." "

7/26/2010 9:26:56 AM

^^it's that threat that compels me to own guns

[Edited on July 26, 2010 at 9:28 AM. Reason : ^]

7/26/2010 9:28:22 AM

Don't lie.


Woman 2, Retards 0

I'm astraladvent and I approved this message.

7/26/2010 9:50:12 AM

Dammit, I read

Quote :

"Wolfman 2, thugs 0"

7/26/2010 9:59:42 AM

glad she smoked em, but

Quote :

"the second was hospitalized facing a murder rap for having participated in a felony in which someone died."

is just a part of Operation: destroy more lives

7/26/2010 10:07:08 AM

and this is why I want a gun

at least I have my dog for now

7/26/2010 10:16:54 AM

^^wat

7/26/2010 10:17:35 AM

I also think it doesn't seem quite right that the other assailant would be charged with murder because his partner in crime was killed by the victim in self defense.

7/26/2010 10:29:08 AM

Quote :

"She recalled with clarity the five shots, including those in which she picked out the attackers even though her boyfriend, black like the attackers, was struggling with them. He had been visiting and came in from the next room after the shots rang out. He reported to Smith later that one of the attackers actually had a headlock on him when she fired, knocking the assailant off of him. He had jumped into Smith's defense as both attackers were beating Smith's face and head, trying to knock her out to break her "death grip" on the weapon. "We need to stand up and we don't have to be victims," Smith told WND. "We don't have to passively stand by and allow criminals to overtake us." "

LOL

7/26/2010 10:35:36 AM

^^why? he was responsible for creating the situation (a crime, no less) in which his partner was killed

7/26/2010 10:48:57 AM

Quote :

"HER BOYFRIEND, BLACK"

7/26/2010 10:49:35 AM

who gives a fuck. these are lifetime criminals and they don't deserve to be free. the more charges, the better. now straight up murder, probably not the correct charge, but some other charge indicating partial fault in his partner's death his reasonable

7/26/2010 10:50:57 AM

Quote :

"Oklahoma not only has a "make my day" law"

Awesome

7/26/2010 10:51:01 AM

Quote :

"^^why? he was responsible for creating the situation (a crime, no less) in which his partner was killed "

yes, but that's different than murder. Don't get me wrong, the guy is a waste of human skin, but I'm worried about the legal precedent as well as the potential slippery slope here.

7/26/2010 10:52:57 AM

Quote :

"who gives a fuck. "

we should literally shoot all of these "thugs" in the head right

7/26/2010 10:54:22 AM

if they're attacking you and bound to cause serious injury, sexual assault, or death, then yes.

[Edited on July 26, 2010 at 11:01 AM. Reason : well, not in the head... better to aim for center of mass]

7/26/2010 10:57:22 AM

Quote :

"He said the surviving attacker probably will face a murder charge under a state law allowing that charge when a person embarks on a felony and someone dies."

this sucks, all right

motherfucker didn't kill anybody and didn't do anything that resulted in anybody's death

we've developed this idea over recent years that it's permissible to impose, not merely justice, but injustice on "bad people"

be they cigarette smokers or rapists

7/26/2010 11:21:30 AM

SHUT THE FUCK UP OR I WILL BURN YOU WITH CIGARETTES WHILE RAPING YOU

[Edited on July 26, 2010 at 11:22 AM. Reason : *]

7/26/2010 11:22:21 AM

Quote :

"motherfucker didn't kill anybody and didn't do anything that resulted in anybody's death "

What like breaking into a woman's apartment, threatening her life, and trying to rape her?

7/26/2010 11:51:15 AM

That didn't result in her death.

7/26/2010 11:54:10 AM

^^
I think it's pretty clear that person B's death was caused by person B doing those things

not person A

7/26/2010 11:56:04 AM

^^^he should be charged with those things, and maybe you could throw a manslaughter charge since he was indirectly culpable for his partner's death, but I think it's completely wrong to charge the guy with murder.

[Edited on July 26, 2010 at 11:56 AM. Reason : .]

7/26/2010 11:56:09 AM

That's kind of a stretch, but fuck him. He's a piece of shit as far as I'm concerned and he's probably lucky to be alive.

7/26/2010 11:56:11 AM

So if Im in a gang that robs a bank, and Im just the driver. I shouldnt be charged bc driving is not illegal? I hope you guys dont get jury duty.

7/26/2010 12:00:48 PM

^^
personally I don't care if he's Ted Bundy, Jack the Ripper, or Satan

it's unjust to charge him with crimes he didn't commit. if you do that, you're sinking to injustice yourself, imho

7/26/2010 12:03:54 PM

^^ that's different, that's conspiracy to commit ____

7/26/2010 12:06:34 PM

He was envolved in a crime that resulted in a death. right?

7/26/2010 12:06:43 PM

Quote :

"glad she smoked em, but the second was hospitalized facing a murder rap for having participated in a felony in which someone died is just a part of Operation: destroy more lives"

are you joking? I feel that the law is perfect, the dude attempting the felony should be held responsible for murder

this is no legal precedent, many states have always applied this law because believe it or not this happens alot, dudes try to rob dope boys and all that



[Edited on July 26, 2010 at 12:08 PM. Reason : ']

7/26/2010 12:06:54 PM

here's how I look at it

if it's just guy #1 there, woman shoots him, he's dead, nobody gets charged with anything, the killing was totally justified and there is no crime attached to it

but if guy #2 is also present, then the responsibility for guy #1's death suddenly all falls on him

absurd

7/26/2010 12:17:36 PM

probably because there is no one to charge with a crime?

i mean in theory i guess ou could charge his imaginary friend, but theres not proof that this imaginary friend had any intent to commit a felony along with the deceased robber

[Edited on July 26, 2010 at 12:19 PM. Reason : g]

7/26/2010 12:18:11 PM

or because there was no crime committed
(in an objective moral sense, anyway)

the killing was 100% justified and therefore nobody needs to be tried for it

7/26/2010 12:18:52 PM

well my objective moral sense sides with the law in this case

you wanna carjack somebody with your buddy, and your buddy dies when someone defends themselves you are responsible for the event leading up to his death unless the victim had just no justification for using lethal force

7/26/2010 12:21:09 PM

I don't hold with that either

agree to disagree, I guess

7/26/2010 12:22:35 PM

7/26/2010 12:23:01 PM

I agree that he's responsible, but murder is not the right charge.

some flavor of manslaughter or negligent homicide may make sense, but it wasn't murder.

7/26/2010 12:23:32 PM

also if theres a shooutout after a crew is tryna rob another crew and the crew bein robbed mistakenly shoots his own crew and kills him its still murder on the ones doin the robbin

7/26/2010 12:29:09 PM

It's probably a moot point anyway. He'll most likely have the murder charges dropped in some kind of plea agreement.

7/26/2010 12:35:58 PM

This sends the message "if you want to pull an armed robbery and your accomplice gets killed, you are responsible, so don't try to rob and rape people and it won't happen"

Whats the problem

Its not like this motherfucker is some innocent bystander

7/26/2010 12:54:06 PM

well even if they do give him murder, it won't be 1st degree- it will probably have some lesser time associated with it, about the equivalent of assault w/ deadly weapon, kidnapping, armed robbery, and involuntary manslaughter

7/26/2010 12:56:02 PM

^actually...

Quote :

"This instruction must be given in every prosecution for murder in the first degree by felony murder. ... It is well-settled that, where two or more persons enter into a conspiracy to commit a felony under such circumstances as will, when tested by human experience, probably result in the taking of human life, it is presumed that all understand the consequences, and, if death happens in the prosecution of such enterprise, all are alike guilty of a homicide. ... In Johnson v. State, 1963 OK CR 91, 386 P.2d 336, criminal responsibility for murder was extended even further. In this case, the defendant's conviction for murder of a police officer was upheld, although it could not be proved that the fatal bullet came from the gun the defendant was firing, rather than from the gun being fired by another officer. The court determined that, where "an accused commits an assault designed to produce injury or death upon officers of the law, and injury or death does result without any intervening cause, but from an instinctive retaliatory force, the accused is criminally responsible." ... The court declared that the State is not constrained to establish that "the felony perpetrated by the defendant is the proximate cause of the victim's death in order to establish the crime of Murder." Id. 3, 581 P.2d at 916. Rather, the State was required to establish that the felony committed was one "inherently or potentially dangerous to human life," id. 4, 581 P.2d at 916, an issue which does not arise under section 701.7, but is further discussed in the Commission Comment accompanying second-degree felony murder section 701.8. "

http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR%204-65

Quote :

"OUJI-CR 4-64 MURDER IN THE FIRST DEGREE ... As a result of its amendment in 1996, the felony-murder statute, 21 O.S. Supp. 2006, §701.7(B) now covers deaths committed by intended victims, police officers and innocent bystanders. Kinchion v. State, 2003 OK CR 28, ¶ 6, 81 P.3d 681, 683."

http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR%204-64

7/26/2010 1:04:57 PM

so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen
so don't try to rob and rape people and it won't happen

7/26/2010 1:12:48 PM