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Satanica

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http://pittsburgh.cbslocal.com/2016/12/09/cecil-twp-man-charged-for-killing-home-intruder/
[....]
David Murray, 53, was charged Thursday with 77 drug offenses and criminal homicide in connection with the Nov. 25 shooting death of 52-year-old Nathaniel Gardner.

Police say Murray told authorities that he shot Gardner after he kicked in the door of his Cecil Township trailer and assaulted him.

While investigating the death, police uncovered a large marijuana growing operation at Murray’s residence on Adams Street.

Washington County District Attorney Eugene Vittone says that because of the discovery of illegal activity on the premises, Murray cannot utilize the Castle Doctrine to justify use of deadly force.

“In this case, Castle Doctrine is specifically not available for people that are engaged in criminal activity, and the shooting is part of the criminal activity,” said Vittone.
 
So... um... if you're hosting a small gathering, and your 19 year old kid sister sneaks a couple of beers and then someone kicks in your front door in an attempt to do you harm, if you shot them it would be an automatic homicide charge because your kid sister snuck a couple of beers and you were therefore, knowingly or not, engaged in criminal activity??? o_O
I think the problem is that Murray had the grow op, not that there was illegal activity on the premises. And this:
Washington County District Attorney Eugene Vittone says that because of the discovery of illegal activity on the premises, Murray cannot utilize the Castle Doctrine to justify use of deadly force.
appears to be a piss-poor paraphrase by a so-called journalist. Vittone actually said this (emphasis added):
“In this case, Castle Doctrine is specifically not available for people that are engaged in criminal activity, and the shooting is part of the criminal activity,” said Vittone.
I have railed before about journalists who cannot deliver an accurate report; I shan't ride that hobby horse again. For now.

--Al
 
So... um... if you're hosting a small gathering, and your 19 year old kid sister sneaks a couple of beers and then someone kicks in your front door in an attempt to do you harm, if you shot them it would be an automatic homicide charge because your kid sister snuck a couple of beers and you were therefore, knowingly or not, engaged in criminal activity??? o_O
I completely understand what you're saying.
I hope, what they mean is, that if you're involved in a criminal enterprise, like growing a sizeable amount of weed or selling keys of Coke, then the law no longer protects you. If the break in is geared towards or has anything to do with the illegal activity, then you will be charged. That way the law isnt protecting drug dealers who get robbed on a daily basis. If this was the case, any drug dealer could call the police after they kill someone for breaking in to rob them of their drugs and they wouldn't have to worry about the murder. Only the drug charge, if they didn't flush it in time....
It's similar to when you commit a crime and someone gets killed, everyone is charged, not only the one who pulled the trigger.
If you are involved in a serious crime while commiting murder, you will be charged. No matter if you were only protecting your drug stash. :cigar:
 
Wouldn't he first have to be found guilty of the illegal activity?
They took his right to use the castle doctrine away before he has had a trial. so in this case, he isn't innocent until proven guilty.
 
So... um... if you're hosting a small gathering, and your 19 year old kid sister sneaks a couple of beers and then someone kicks in your front door in an attempt to do you harm, if you shot them it would be an automatic homicide charge because your kid sister snuck a couple of beers and you were therefore, knowingly or not, engaged in criminal activity??? o_O
so i think im in love
 
Wouldn't he first have to be found guilty of the illegal activity?
They took his right to use the castle doctrine away before he has had a trial. so in this case, he isn't innocent until proven guilty.

Fact. Hopefully he's got a real sleazebag asswipe defense attorney who thinks like you do. Fucking filth.

I fail to see why growing marijuana in ones home or even selling it on the street should be against the law. Gov't seriously gots nothing else tow orry about?
 
So the intruder could have come into his home shooting at him and there was no way he could legally defend himself because he had a grow op? I don't defend crime but that is fucking stupid as all hell! By all means... charge him for the grow op if it is discovered during the course of investigating the death(I still think those charges should be dropped also if it is found the killing was justified kinda like faulty search warrant type shit) but to then make him guilty of defending himself is fucking stupid as all hell.

Here's how I look at it. Growing weed? Really not that terrible or violent of a crime in itself. Someone willing to invade your home to get his hands on some weed? Sounds pretty fucking dangerous and I'm glad he's dead. Do you really think he wouldn't have done the same if he knew you had 50 grand worth of legal jewellery in your home? I highly fucking doubt that would have changed his mind... assuming it was a robbery and not some dispute between partners lol.
 
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So... um... if you're hosting a small gathering, and your 19 year old kid sister sneaks a couple of beers and then someone kicks in your front door in an attempt to do you harm, if you shot them it would be an automatic homicide charge because your kid sister snuck a couple of beers and you were therefore, knowingly or not, engaged in criminal activity??? o_O

This sentence seems to bring it all together.

“In this case, Castle Doctrine is specifically not available for people that are engaged in criminal activity, and the shooting is part of the criminal activity,” said Vittone.
 
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It's pretty terrifying. Essentially the gov't is saying that in some situations a person has NO RIGHT to self defense. If you're out on the street corner selling dope to folks, not hurting a single soul, just trying ot make some money for christmas presents this year, and a person tries to kill you, you just have to throw up your hands and accept it. Can't fight back, can't protect your own life or even the lives of any loved ones or bystanders around you, just gotta allow yourself to be slaughtered.

Sickening.

But at least we can reinforce yet again how bad drugs are!
 
So the intruder could have come into his home shooting at him and there was no way he could legally defend himself because he had a grow op? I don't defend crime but that is fucking stupid as all hell! By all means... charge him for the grow op if it is discovered during the course of investigating the death(I still think those charges should be dropped also if it is found the killing was justified kinda like faulty search warrant type shit) but to then make him guilty of defending himself is fucking stupid as all hell.

Here's how I look at it. Growing weed? Really not that terrible or violent of a crime in itself. Someone willing to invade your home to get his hands on some weed? Sounds pretty fucking dangerous and I'm glad he's dead. Do you really think he wouldn't have done the same if he knew you had 50 grand worth of legal jewellery in your home? I highly fucking doubt that would have changed his mind... assuming it was a robbery and not some dispute between partners lol.

Growing cannabis is not a terrible or violent crime- its not a crime at all depending on how you look at the situation. Personally I'm a patriot of america, the original america our founding fathers wanted, You know the hemp growing and trading , wig wearing guys who didnt want to pay their taxes, that started a revolution... The Declaration of the United Sates of America's first draft was written on hemp paper,.. to me criminalizing cannabis is simply unamerican
 
Growing cannabis is not a terrible or violent crime- its not a crime at all depending on how you look at the situation. Personally I'm a patriot of america, the original america our founding fathers wanted, You know the hemp growing and trading , wig wearing guys who didnt want to pay their taxes, that started a revolution... The Declaration of the United Sates of America's first draft was written on hemp paper,.. to me criminalizing cannabis is simply unamerican

I differ a bit. I think all drugs, to include pot and alcohol and even nicotine, are for thug trash and no respectable members of society indulge in such filth.

That said, GROWING/SELLING drugs takes ingenuity and a can-do, capitalistic loving work ethic and spirit, talk about American. I don't know why the gov't chooses to punish the few members of innercity trash society that actually are getting off their asses and trying to make a buck.
 
I differ a bit. I think all drugs, to include pot and alcohol and even nicotine, are for thug trash and no respectable members of society indulge in such filth.

That said, GROWING/SELLING drugs takes ingenuity and a can-do, capitalistic loving work ethic and spirit, talk about American. I don't know why the gov't chooses to punish the few members of innercity trash society that actually are getting off their asses and trying to make a buck.

cannabis is by far the safest drug on the planet ... the ld50 of water is greater then that of delta 8 tetra hydrocannabidol ....

and yes you too have been indoctrinated to the point were you believe cannabis should be used to separate the classes ("I think all drugs, to include pot and alcohol and even nicotine, are for thug trash and no respectable members of society indulge in such filth." ) but that doesnt mean you are correct...

i assume you think a jog is better for you then smoking a joint .. http://yourbrainonbliss.com/Blog/?tag=anandamide

reality is we have a system in the body called the endocannabinoid system ... its a retroactive electrochemical response in the brain... its speculated to be apart of our brains healing response to stress.. its apart of us. some of us want to use it for various purposes ( i.e. healing, introspection , just fun...) , neither you or anyone else has the right to impose your moralist views on how we treat our bodies...

as long as the only ones harmed ( debatable) are ourselves .. you can have your " i have to make everyone like me " mentality to try and say "we" are wrong but this imposition is exactly what makes you the bad person to begin with. Quit trying to make me like you... just love me for me and i will love you for you





p.s. in summation you suck and quit imposing on my life
 
Jogging is fucking horrible for you. There's little in life more damaging to the body than running.

I don't care much for the physiological stuff and i won't argue that pot is a no big deal drug and isn't harming anybody. That said, i still feel damn near everyone that engages in its usage is a rotten piece of shit and yes, has thuggish qualities. Facts are facts.
 
Growing cannabis is not a terrible or violent crime- its not a crime at all depending on how you look at the situation. Personally I'm a patriot of america, the original america our founding fathers wanted, You know the hemp growing and trading , wig wearing guys who didnt want to pay their taxes, that started a revolution... The Declaration of the United Sates of America's first draft was written on hemp paper,.. to me criminalizing cannabis is simply unamerican

I'm a fan of weed lol. I just acknowledged that growing it is usually a crime and like most crimes- can lead to violence. I was trying to be objective without wearing a green heart on my sleeve like you lol!
[doublepost=1481555170,1481554323][/doublepost]
Jogging is fucking horrible for you. There's little in life more damaging to the body than running.

I don't care much for the physiological stuff and i won't argue that pot is a no big deal drug and isn't harming anybody. That said, i still feel damn near everyone that engages in its usage is a rotten piece of shit and yes, has thuggish qualities. Facts are facts.

I think typing on a keyboard is rather thuggish behavior and kind of risky because it also leads to arthritis in your finger tip joints. That is precisely why I don't even type- I just talk into mine. Watch: "JackBurton continues to wage his war on joggers, marijuana addicts, and women that beat up men while receiving light sentences in the process." I totally just said that right now! As well as these accompanying statements of course. Good day.
 
Jogging is fucking horrible for you. There's little in life more damaging to the body than running.

I don't care much for the physiological stuff and i won't argue that pot is a no big deal drug and isn't harming anybody. That said, i still feel damn near everyone that engages in its usage is a rotten piece of shit and yes, has thuggish qualities. Facts are facts.

youre not discussing facts though, youre discussing how you seperate the classes by grouping cannabis into the lower class... these are you opinions which in no way make them fact.....

beyond that if you had ever researched how cannabis was pushed into being the "drug" simple minded middle american living sheeple believe it to be you would have learned that it had little to do with a plant thats been used medicinally for millennia and more to do with white politicians trying to criminalize jazz musicians and immigrants.

now this is what its come to , a dude like you who is probably reasonable intelligent regurgitating the opinions that have been fed to you .... think for yourself... use your head...

p.s. quit calling your opinions facts , it just makes you sound stupid
 
In most states if you are in the act of committing a crime and someone dies you can, and will be, charged with their death. They don't have to prove before hand that you committed an offense. It comes down to what happened in that instance alone.

If person A and B break into person C's house and person C kills person B, person A is charged with person B's death.

In this case person A broke into person B's house. Because person B was in the midst of committing a crime at the time of the shooting, he gets dinged with person A's death. Which he caused anyways.

Why the castle doctrine doesn't apply is because running a grow op or selling drugs has an inherent risk that violence will ensue, people will break in and try and take your stuff. It comes with the territory.

Also there's a huge difference between having an 1/8 of an ounce vs having a full blown grow op in your house. It's no different when you are dinged for possession. Personal use is fine, commercial isn't.
 
First, thank you to all of you who have been able to add clarity to the Castle Doctrine and why it doesn't apply in this situation.

Second, a special thank you to @JackBurton regarding running:

Jogging is fucking horrible for you. There's little in life more damaging to the body than running.

I couldn't agree more with this statement. In my personal version of hell, I'd be forced to run. It's not that I can't; it's that it's ridiculous and unnecessary. And now, well, I have arthritis in my knees and pelvis of all fucking things, so especially not now. No, no, fucking no. More runners will probably die from heart attacks at a younger age than the age when my body gets around to failing. Because I won't have ruined it by fucking running.
 
Oh and i think everyone(well everyone who's not a complete imbecile) recognizes the legalese behind why the castle doctrine bullshit doesn't apply here and why the gov't says this man is not permitted to defend his own life against an intruder. It's still complete bullshit though and it's fucking disgusting that's how the gov't operates.

youre discussing how you seperate the classes by grouping cannabis into the lower class...

Huh? Learn to fucking read. People from all socioeconomic levels smoke pot, and they're all dirty fucking thugs in some way.
 
Oh and i think everyone(well everyone who's not a complete imbecile) recognizes the legalese behind why the castle doctrine bullshit doesn't apply here and why the gov't says this man is not permitted to defend his own life against an intruder. It's still complete bullshit though and it's fucking disgusting that's how the gov't operates.



Huh? Learn to fucking read. People from all socioeconomic levels smoke pot, and they're all dirty fucking thugs in some way.

hahaha so you truly believe if a person decides that getting high is enjoyable that makes them dirty and a fucking thug?
 
Geography is the problem.
[doublepost=1482115024,1482044632][/doublepost]If I'm growing my cannabis within all the legal parameters, and someone busts my door down and I drop em like brick, would I then be charged with murder?
I don't think so. Thats why I posted geography is the problem.
 
Nov 8, 2017
David W. Murray, 54, was sentenced to two to five years in prison after he pleaded guilty to charges of involuntary manslaughter and manufacture of a controlled substance stemming from the fatal shooting of a Washington man last year.

Cecil police said Murray shot Nathaniel K. Gardner, 52, with a .38-caliber handgun in the kitchen of Murray’s home. Police said Murray told them he was watching TV on the night of Nov. 25, 2016, when he heard pounding on a door. Murray said he retrieved the gun from a bedroom and rushed at Gardner, who was unarmed, when the intruder kicked in the door. Police said Murray shot Gardner once in the chest.

Murray told police the incident mirrored another that occurred the previous month when a man he later was able to identify as Gardner forced his way into Murray’s home, stole an ounce of marijuana and assaulted him.
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