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Tactical Statistician
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[URL=http://www.ajc.com/metro/content/metro/cobb/stories/2007/10/22/fatalrobbery_1022.html?cxntlid=homepage_tab_newstab said:
AJC.com[/URL]]Man dies during robbery at video game store
By MIKE MORRIS
Atlanta Journal-Constitution
Published on: 10/22/07

The manager of a Marietta video game store died Sunday night after being tied up during a robbery, police said.

Marietta police spokesman Mark Bishop said the robbery occurred between 6:15 and 7:50 p.m. at the Game Stop, in a Wal-Mart shopping center in the 200 block of Cobb Parkway.

Officers responding to the store just before 8 p.m. found three victims duct-taped, Bishop said.

An ambulance was called for 21-year-old Matthew Cherry, the store's manager, who was unconscious and not breathing. Cherry, of Marietta, was later pronounced dead at Wellstar Kennestone Hospital. Bishop said he had not been shot and had no visible signs of injury.

Bishop said investigators believe the suspect entered the store at closing time, around 6 p.m., and waited until other customers had left before subduing the two employees with a semi-automatic pistol and duct tape.

A relative of one of the employees was waiting outside for them to get off work, but was lured into the store and also duct-taped by the suspect, Bishop said. He said the suspect left the store after being inside for about an hour and a half.

Police believe the suspect might have taken the victim's car. The car is described as a red, two-door 2004 Honda Civic LX with Georgia license plate 2010 ASW.
 

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Lawyer and Gun Activist
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what charge? What punishment?

This is a sad story. Okay, suppose they catch the armed robbers who killed the clerk by accident and through negligence by tying him up too tightly and putting duct tape over his face. Let's assume they didn't mean to kill him, but they just did a lousy job of securing him with the tape.

What should they be charged with? Murder? Felony Murder? Voluntary Manslaughter? Involuntary Manslaughter? What do you folks think the right punishment would be (assume this is their first conviction, no prior criminal history that could be used against them for sentencing purposes).
If the robbers/ killers could get anything from a few years' probation to life in prison to life w/o parole or death, what would y'all be leaning towards?
 

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Re: what charge? What punishment?

gunsmoker said:
This is a sad story. Okay, suppose they catch the armed robbers who killed the clerk by accident and through negligence by tying him up too tightly and putting duct tape over his face. Let's assume they didn't mean to kill him, but they just did a lousy job of securing him with the tape.

What should they be charged with? Murder? Felony Murder? Voluntary Manslaughter? Involuntary Manslaughter? What do you folks think the right punishment would be (assume this is their first conviction, no prior criminal history that could be used against them for sentencing purposes).
If the robbers/ killers could get anything from a few years' probation to life in prison to life w/o parole or death, what would y'all be leaning towards?
Felony murder, depending on the facts. I have no problem with death penalty for armed robbery alone, though, so you might be asking the wrong guy.
 

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Re: what charge? What punishment?

Malum Prohibitum said:
gunsmoker said:
This is a sad story. Okay, suppose they catch the armed robbers who killed the clerk by accident and through negligence by tying him up too tightly and putting duct tape over his face. Let's assume they didn't mean to kill him, but they just did a lousy job of securing him with the tape.

What should they be charged with? Murder? Felony Murder? Voluntary Manslaughter? Involuntary Manslaughter? What do you folks think the right punishment would be (assume this is their first conviction, no prior criminal history that could be used against them for sentencing purposes).
If the robbers/ killers could get anything from a few years' probation to life in prison to life w/o parole or death, what would y'all be leaning towards?
Felony murder, depending on the facts. I have no problem with death penalty for armed robbery alone, though, so you might be asking the wrong guy.
+1, this is like a hypo from criminal law that I remember.

Not sure about the death penalty either. Though I seem to remember that felony murder won't support it.
 

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Death caused in the commission of a violent felony = Felony murder.
I really don't care if he meant to kill someone. He meant to rob the store.

A few years back there was a drug head that went nuts on Northside drive. He killed a lady trying to run in a stolen car. Then he jumped out and started breaking windows. The court video showed him squeal like a girl and his knees go out when they read the murder charge.
 

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Re: what charge? What punishment?

Malum Prohibitum said:
gunsmoker said:
This is a sad story. Okay, suppose they catch the armed robbers who killed the clerk by accident and through negligence by tying him up too tightly and putting duct tape over his face. Let's assume they didn't mean to kill him, but they just did a lousy job of securing him with the tape.

What should they be charged with? Murder? Felony Murder? Voluntary Manslaughter? Involuntary Manslaughter? What do you folks think the right punishment would be (assume this is their first conviction, no prior criminal history that could be used against them for sentencing purposes).
If the robbers/ killers could get anything from a few years' probation to life in prison to life w/o parole or death, what would y'all be leaning towards?
Felony murder, depending on the facts. I have no problem with death penalty for armed robbery alone, though, so you might be asking the wrong guy.
You;ll get no arguments from me. I think the problem with the death penalty is that it isn't used nearly enough. I could cut the prison population by at least 30%.
 

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Thanks for the tip!

About the Ryder rental place. You've really thought this out, haven't you? :wink:
 

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I used to work for EBGames (now Gamestop) in Johns Creek. Employees weren't allowed handguns, blah, blah... I worked out a deal where I could at least keep mine in my truck, just couldn't carry it in. "They won't hurt you, just tie you up while they ransack the store." :roll:

From that point forward, I deemed it best (for me) that he not know when I wasn't carrying.
 
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