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http://www.nytimes.com/2006/10/05/nyregion/05kill.html

October 5, 2006

Woman’s Defiance Led Mugger to Kill Her, Accomplice Testifies
By ANEMONA HARTOCOLLIS

A teenage mugger took the witness stand yesterday and laid out for a jury the rules of the street that dictated why an actress and playwright on the verge of making it in New York was shot dead, while other mugging victims that night were allowed to live.

It wasn’t the color of her skin, or the amount of money in her purse, the mugger said, but the victim’s attitude â€" her insouciance, defiance and disdain that made the mugger’s accomplice shoot the actress, 28-year-old Nicole duFresne, once in the chest, killing her.

“What are you going to do, you going to shoot us? Is that what you wanted?†Ms. duFresne demanded, according to Tatiana McDonald, one of the muggers, who testified yesterday in State Supreme Court in Manhattan.

As Ms. duFresne shouted those words, she walked up to Rudy Fleming, whom Miss McDonald described as the 19-year-old leader of the pack, and looked him in the eye, Miss McDonald said. Mr. Fleming reacted by pushing Ms. duFresne in the chest with his left hand.

Ms. duFresne stumbled backward, then bounced back and shouted her question again: “What are you going to do, shoot us?â€

Mr. Fleming pushed Ms. duFresne a second time, and when she came at him again, he lifted his right arm and fired one bullet, Miss McDonald said.

“He was so mad, he just lift up the gun and shot at her,†Miss McDonald said. “After I saw her grab her chest, I just ran.â€

The prosecutor, Eugene Hurley, asked the witness how close Mr. Fleming was to Ms. duFresne when he shot at her.

About two feet away, Miss McDonald replied. “It was pretty close, because he couldn’t even hold up his hand,†she said, noting that Mr. Fleming did not have room to stretch out his arm. “She was blocking the gun.â€

Testifying on the fourth day of Mr. Fleming’s murder trial, Miss McDonald admitted that she was part of a group of seven youths that went out after midnight on Jan. 27, 2005, spoiling for a fight and looking for victims.

She was the youngest of the group, at 14.

Now 16 and still in the sixth grade, she said she agreed to cooperate with prosecutors in return for a promise that if her testimony is truthful, they would recommend that a judge clear her criminal record and consider sentencing her to the 10 months she has already served in jail.

The night of the shooting, the seven smoked marijuana in the apartment where two of them lived in the Baruch Houses on the Lower East Side, then went out after midnight to roam the streets, she said. The five young men in the group wanted Miss McDonald and the other girl, Ashley Evans, Mr. Fleming’s girlfriend, “to fight whatever girls we see,†she said.

They spotted a young man wearing a white leather jacket, and Mr. Fleming announced, “I like that jacket; I’m going to get that jacket,†Miss McDonald testified.

Miss McDonald’s boyfriend, Kashawn Boyd, hit the young man so hard that Mr. Boyd’s hand became swollen, but the young man refused to give up his leather jacket and escaped by running into the street and threatening to call the police, she said. That victim, Adam Chavez, testified on Tuesday.

The group then rode the subway to Brooklyn, where they menaced a girl at the Broadway Junction station and a man who scared them away by reaching into his jacket as if he were carrying a gun.

Returning to the Lower East Side about 3 a.m., they spotted Ms. duFresne walking with her fiancé, Jeffrey Sparks, and two friends, Scott Nath and Mary Jane Gibson.

“I’d like to bang on these people right here,†Miss McDonald quoted Mr. Fleming as saying when he spotted the two couples walking on Clinton Street, south of Rivington Street.

Mr. Fleming hit Mr. Sparks in the eye with his gun, then yanked away Ms. Gibson’s purse, tossing it to the two girls, who rifled through it, Miss McDonald said.

Concerned about her fiancé, Ms. duFresne approached Mr. Sparks and said, “Let me see your eye,†while lifting his hand, which was covering his injured eye, Miss McDonald said.

Then she confronted Mr. Fleming, yelling her challenge, and he shot her, the witness said.

“Did you see Rudy slip at all?†Mr. Hurley, the prosecutor, asked, apparently trying to counter suggestions by Mr. Fleming’s defense lawyer, Anthony Ricco, earlier in the trial that the gun went off accidentally.

“No,âMiss McDonald said.

“Did you see her pushing him at all?†Mr. Hurley asked.

“No,†Miss McDonald said.
 

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Discussion Starter · #2 ·
:puke:

:shakehead:

DuFresne's family, even in the midst of unimaginable grief, showed so much more compassion and avoided the simplistic dichotomy employed by journalists. They tried to press the social issues; they told reporters DuFresne opposed the death penalty and criticized how easily accessible guns are in our culture.
Only once, at the very end of a February 3rd page 21 story, did they mention mother Linda DuFresne's comments that her daughter "would not want the killers to face the death penalty", and her hopes that "her daughter's death will convince people to think more seriously about enacting stronger gun-control laws."
DuFresne and her family explicitly do not want the shooter to face the death penalty and support more stringent gun-control laws.
http://mediamassage.typepad.com/mediama ... icism.html

:-s

:screwy:
 

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The shooter and the thugs need to roast in hell.

However, that said...what the victim who was shot and killed DID was just...bordering on stupidity.

When taking part in a gunfight, first make sure you have a gun. Secondly, if you don't, then don't antagonize the other guy who DOES have a gun.

:roll:

:shock:
 

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asbrand said:
When taking part in a gunfight, first make sure you have a gun. Secondly, if you don't, then don't antagonize the other guy who DOES have a gun.
My thoughts exactly. Though I think regardless of myself being armed or not, antagonizing someone with a gun is just stupid.

Now if you are armed and have defended yourself properly and you are waiting for the police and ambulance to arrive after you have shot the bad guy and they are now unarmed, lying on the floor bleeding and crying in pain... antagonize away. :mrgreen:
 

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It is almost as if these actor-types seem to get the idea in their head that just because they are famous (or about to become so), that somehow makes them immune to Bad Things (tm).

:screwy:

Fame isn't a bulletproof vest folks...

:sly:
 

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Discussion Starter · #6 ·
She probably saw it work on a TV show . . . she probably thought he would break down and start crying because all he really needed was a hug.
 

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People in this country need a serious wake up call and some common sense! My coworker said it right, he is 75 by the way.

"I am glad I dont have much longer here. I would hate to see what this country is like 30 years from now!" (Navy retired)
 
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