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04-09-2004, 11:01 AM
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#1 (permalink)
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Savor the Addiction
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Man shoots car thief.
http://story.news.yahoo.com/news?tmp...me_murder_dc_2
Quote:
L.A. Man Killed Car Thief in Self Defense -Lawyer
Thu Apr 8, 4:13 PM ET Add U.S. National - Reuters to My Yahoo!
By Dan Whitcomb
LOS ANGELES (Reuters) - Businessman Yoon Ho Song says he saw two men stealing his car from his driveway in the middle of the night and one flash what looked like a gun, so he fired a shot into the darkness.
Now Song faces a trial on murder charges that could send him to prison for life in a case that has legal experts asking how far a man can go to protect life and property.
"When you think someone is going to pull a gun and shoot you, you have to shoot first," Song's lawyer, Frank Rorie, told Reuters in an interview on Thursday.
"When you think that's what is happening, you are saving your butt."
Song, 26, is charged with the murder of Mario Martinez and faces 50 years to life in prison if convicted. He has pleaded innocent and is in jail in lieu of $2 million bond.
According to prosecutors, Song came out of his home at about 4 a.m. PDT (7 a.m. EDT) on Monday to find two car thieves pushing his customized Honda out of his driveway and shot at them, killing Martinez. The other suspect fled and remains at large.
Rorie said Song told police that he fired only after seeing a flash of light in the darkness that he thought was a gun in Martinez' hand. Though another gun was found at the scene, police said it did not belong to Martinez.
"He saw a glint in the guy's hand before he shot and unfortunately the gentleman passed away," Rorie said. "My client feels trod upon by the system."
Prosecutors have said that police initially treated Song as a victim in the case but began focusing on him as a suspect because Martinez was found shot in the back.
They say California law allows deadly force to be used only in self-defense or against someone committing a violent felony.
Stan Goldman, a professor of criminal law at Loyola Marymount Law School in Los Angeles, said California law was clear that "you can't execute someone for stealing a car, no matter how many people would like that."
But he added that if the case goes to trial jurors may be sympathetic to Song.
"There's a famous line by Oliver Wendell Holmes that 'detached reflection cannot be demanded in the presence of an upturned blade,' " Goldman said.
"In other words, when you at least think there is a knife coming at you it's hard to think rationally. But remember, a jury has to buy that first."
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04-09-2004, 11:41 AM
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#2 (permalink)
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04-09-2004, 11:52 AM
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#3 (permalink)
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Back to Basics
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04-09-2004, 12:03 PM
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#4 (permalink)
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Incompetent Robot Elder
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04-09-2004, 12:36 PM
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#5 (permalink)
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04-09-2004, 01:10 PM
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#6 (permalink)
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Finally painted bumper
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04-09-2004, 05:14 PM
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#7 (permalink)
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nisei no samurai
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04-09-2004, 11:04 PM
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#8 (permalink)
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The Id inside.
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04-10-2004, 11:24 AM
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#9 (permalink)
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The Real & True SROer
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04-10-2004, 01:17 PM
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#10 (permalink)
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SRO Mentor
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