NM Homeowner faces Murder Charge
[Headline from DRJ]
If this report is true, this does not sound like the best way to legally defend yourself and your property:
Homeowner faces murder charge in shooting of auto burglar
ALBUQUERQUE, N.M. — Detectives have arrested a homeowner who they say fatally shot an unarmed man in the back after he caught that man breaking into his car outside his West Side neighborhood.
Police say the homeowner then lied about his role in the shooting and tried to hide his identity by giving a different last name and date of birth.
Mario Figueroa, 35, is charged with an open count of murder and tampering with evidence in the May 20 death of 31-year-old Jacob Gearing. He was booked into the Metropolitan Detention Center on Tuesday afternoon.
–DRJ
Police say the homeowner then lied about his role in the shooting and tried to hide his identity by giving a different last name and date of birth.
Gosh, I would have thought that would be a foolproof method for getting away with shooting someone in the back.
JVW (54fd0b) — 8/8/2019 @ 3:12 pmIt worked for over two months since this happened in May but he wasn’t charged until early August, so he may have felt he got away wit it. This is the “best” (not really) part — there was video:
DRJ (15874d) — 8/8/2019 @ 3:21 pmMy guess is the police got the medical examiner’s report and the evidence supported the story told by the surviving meth-smoking burglars, not the homeowner, so the police looked at it deeper.
DRJ (15874d) — 8/8/2019 @ 3:24 pmTeach people not to steal.
NJRob (c2b5ce) — 8/8/2019 @ 4:52 pmThere should be a lower penalty for “understandable” but perhaps excessive events like this. I mean an appellate court could do a “four part test,” and mitigate the sentence:
(a) Does it have a beneficial effect on society? (yes, by ridding it of thieves or at least inhibiting them);
(b) Were innocent people hurt? (no it seems);
(c) Is it a triggering event that merits a violent reaction? (yes the fury of seeing your stuff being stolen or hacked is understandable);
(d), does it run afoul of any current taboos? (e.g., Was a wrong pronoun deliberately used) (no).
Harcourt Fenton Mudd (0c349e) — 8/8/2019 @ 5:37 pm5. Thre is a lower standard for understandable-but-excessive homicides: it’s called “lawful but awful” and you can ask your local beat police officer about it.
Gryph (08c844) — 8/8/2019 @ 7:53 pmYou can see his mugshot here.
nk (dbc370) — 8/8/2019 @ 8:10 pmCompare and contrast
Kishnevi (474313) — 8/8/2019 @ 8:15 pmhttps://www.nbcmiami.com/news/local/Shootout-in-Front-of-Allapattah-Home-Being-Investigated-as-Stand-Your-Ground-526098091.html
Atty Diego Weiner? If he wasn’t a lawyer, hed be the prototypical actor playing the telenovela protagonista.
urbanleftbehind (15a3e9) — 8/8/2019 @ 8:25 pm