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Title: No charges after US boy, 13, shot dead for stealing
Source:
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URL Source: http://news.yahoo.com/no-charges-us ... t-dead-stealing-231212676.html
Published: Nov 30, 2015
Author: afp
Post Date: 2015-11-30 23:24:08 by Justified
Keywords: None
Views: 1179
Comments: 11
Chicago (AFP) - A man who shot and killed a 13-year-old boy as he was stealing from an unlocked car was arrested but US prosecutors declined to press charges, police said. Martinez Smith-Payne, who is black, was found unconscious and bleeding in a back alley when police were called about a shooting in St Louis, Missouri at 12:47 am Sunday. He died in hospital. "Investigation revealed the victim, along with two other juveniles, was attempting to steal items from an unlocked parked vehicle when the suspect confronted them, then fired shots at the juveniles," St Louis police said in a statement. The shooter, who was identified as a 60-year-old black man, was immediately taken into custody. He was released after prosecutors "refused" a police request to press charges, the statement said. It was unclear if he was threatened by the teenagers prior to opening fire. Police declined to provide further details about the incident. Prosecutors called the boy's death a "a terrible tragedy" but said "Missouri law regarding a homeowner’s right to protect himself and his property is complicated." Like many US states, Missouri's so-called castle doctrine allows for the use of lethal force without the "duty to retreat" if someone feels threatened. Such laws have been interpreted to also allow for the use of deadly force to defend property and have been used to attempt to justify shooting fleeing thieves, with varying degrees of success. "We are reviewing the evidence, witness accounts and case law to ensure we are protecting the rights of both the victim and the homeowner," St Louis Circuit Attorney Jennifer Joyce said in a statement. "All individuals deserve a thoughtful review of the facts." The shooting comes as the region is still recovering from the police shooting of unarmed black teen Michael Brown in the St Louis suburb of Ferguson last year. The shooting sparked months of sometimes violent protest and plunged the United States in a debate about racism and the use of force by law enforcement. A boy with the same name was reported missing by his parents in June. A local news report said Martinez Smith-Payne had attention deficit hyperactivity disorder and bipolar disorder and that his parents feared he had run away from home without his medications. The boy, who lost four fingers in a fireworks accident at the age of 10, was found a few days later. Rioting will soon commence once the MSM find out that another black unarmed child was murdered by a white person. Oh wait it was a black man? I guess you will never hear this in the national news! Must be nice to be part of the special class!!
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#1. To: All (#0)
Most likely crappy parents in a crappy neighborhood with crappy schools. I wonder if they will tell us if he had drugs in his system?
The shooter, who was identified as a 60-year-old black man, deserves a presidental citation.
"Missouri law regarding a homeowner’s right to protect himself and his property is complicated." The police released the homeowner victim after the DA declined to prosecute him. They still don't have a grip on who the suspects are, and who's the victim. Shoot first, and ask questions later? They would have charged him if he did not indicate he felt his life was in danger by the children. Basically they must have advanced on him and being that there were more than one he is legally able to defend himself with deadly force.
It sounds like there may be some castle doctrine law that applies, as well? It sounds like a justified (guy can't use grammar) shooting to me. Cops apparently agree.
wow black on black violence, it actually does happen and a black youth can get killed without a riot, could there be some bias there, no this was a justifiable homicide apparently
I will never understand how a person is not allowed to use deadly force against an assailant while being robbed. If the guy is 50 feet away and stripping my wheels off of my car, he deserves whatever happens to him. If I earned the money to buy the wheels, it is not just dollars, it is life force that I traded for cash. Say about 2 weeks of work at 80 hours stolen from me. I can never get those hours back, no matter how hard I work. A thief steals not just things, but time off of my life clock. A thief is just a murderer that does it slowly.
He wasn't charged because he was a 60-year-old black man. Period. A 60-year- old white man ... shooting an unarmed 13-year-old black teen ... in St. Louis ... who was simply taking items ... from his unlocked car ... are you kidding me? Hell, they'd say he left the car unlocked on purpose to set up the teen. That the teen was an aspiring nuclear physicist. Blah, blah, blah.
This is considered theft, not robbery. Robbery is taking something from a person and using force, or the threat of force, to do it. So I agree with you that a person should be allowed to use deadly force against an assailant while being robbed. But this was theft and, under Missouri law, you cannot use deadly force to prevent theft. No how. No way. A 60-year-old white man would be in jail as we speak.
According to the article, "It was unclear if he was threatened by the teenagers prior to opening fire."
A local news report said Martinez Smith-Payne had attention deficit hyperactivity disorder and bipolar disorder and that his parents feared he had run away from home without his medications.
#2. To: Justified (#0)
#3. To: Justified, *Bang List* (#0)
(Edited)
"Investigation revealed the victim, along with two other juveniles, was attempting to steal items from an unlocked parked vehicle when the suspect confronted them, then fired shots at the juveniles," St Louis police said in a statement.
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#4. To: hondo68 (#3)
Shoot first, and ask questions later?
#5. To: Justified (#4)
They would have charged him if he did not indicate he felt his life was in danger
"We (government) need to do a lot less, a lot sooner" ~Ron Paul
#6. To: hondo68 (#3)
Shoot first, and ask questions later?
#7. To: Justified (#0)
#8. To: Justified (#1)
#9. To: Justified (#4)
"They would have charged him if he did not indicate he felt his life was in danger by the children."
#10. To: jeremiad (#8)
"I will never understand how a person is not allowed to use deadly force against an assailant while being robbed."
#11. To: Justified (#4)
"They would have charged him if he did not indicate he felt his life was in danger by the children."
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