Reluctant hero recalls fateful day

Discussion in 'In the News' started by gundawg, Oct 30, 2006.

  1. gundawg

    gundawg New Member

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  2. Gunstar1

    Gunstar1 Administrator

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    So have the vast majority of the coverage since the first reports of it happening.

    I did a run down of articles I found online and noted how many reported he was licensed to carry.
    http://www.georgiapacking.org/forum/viewtopic.php?t=239
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    I bet if he had just up and shot this guy unjustifiably, it would have been mentioned that he had a license!

    So, if none of these stories mentioned he had a license, how do we know he does?
     
  4. Gunstar1

    Gunstar1 Administrator

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    I am not 100% sure of it but one of the news reports said (he carried a licensed pistol) and a few blogs/non-mainstream media said it.

    But since no wrongdoing was found he definately was not one of those inelligible for one.
     
  5. USMC - Retired

    USMC - Retired New Member

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    Well since Georgia permits carry in your car without a license he may very well have been unlicensed. I'm not aware of any laws that would preclude someone from using said unlicensed firearm in defense or to preent a violent crime....
     
  6. Gunstar1

    Gunstar1 Administrator

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    Which is why I am not 100% sure. The report that said he "carried a licensed pistol" could mean 2 different things,
    A. He was licensed to carry a pistol, meaning GFL holder
    or
    B. The AJC reporter meant he was not prohibited from carrying a pistol in his car, meaning he was not one of those listed as ineligible to carry in his car open to view or in the glovebox/console.

    However you slice it, only one report (questionable at that) out of over 10 mentioned he legally had a firearm.
     
  7. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Grand Jury

    The AJC article mentions he was cleared by the grand jury. So that means that the DA's office drew up an indictment, probably charging him with murder, and presented it to the Grand Jury for them to vote on. If a simple majority of the grand jurors (there would be between 16 and 23 of them) thought that there was at least probable cause to go forward with those charges, he could have been "indicted" for murder.

    Some District Attorneys won't even present a case to the grand jury where they don't think the defendant is guilty, or where they think that they will be unable to get a conviction in the case due to weak or conflicting evidence.

    But maybe this guy (not really a "defendant" because no arrest warrants were taken, right? This was a special presentment to the Grand Jury, I assume) WANTED to have his case heard by the Grand Jury, expecting them to "no bill" it? Now he can say that a fact-finding body has reviewed the State's evidence and found it clearly insufficient to charge him? Maybe that is of some value to him in case the family of the dead felon, or some civil rights group acting on his behalf, files a civil lawsuit?
     
  8. Gunstar1

    Gunstar1 Administrator

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    I think one of the big reasons to get a no-bill is that it closes the door to future criminal proceedings regarding that charge and that case. You don't have to worry that maybe the ultra liberal DA that just got elected doesn't dig the case back up and charge you with murder.

    Doesn't really matter to civil cases I don't think.
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Effect of No-Bill

    O.C.G.A. 17-7-53 basically says that the prosecution gets two (2) chances to have a grand jury indict a case. After the second "no bill" is returned, then that's it, unless new evidence is discovered, or if it is learned that the suspect improperly influenced the grand jurors.
     
  10. Gunstar1

    Gunstar1 Administrator

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    Well then maybe it is just the policy of the jurisdiction to present all self-defense claims to the grand jury no matter how justified with the expectation that the valid ones will be no-billed.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Article disappeared.

    Copyright violations have their benefits, I guess.
     
  12. mike316atl

    mike316atl New Member

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    Dead LINK!