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megimoo
02-11-2009, 08:00 PM
Break-in suspect charged with murder after accomplice is shot by homeowner

LOUISVILLE, KY (WAVE) - A fatal shooting over the weekend in Louisville has resulted in a murder charge that may be unlike any you have seen in Kentucky. Police say the homeowner who pulled the trigger acted in self-defense and is not being charged. Instead, one of three suspects who broke in is now facing his own fathers murder charge.

Children played in the 1700 block of West Oak Street Sunday in front of a home where Louisville Metro Police investigated the shooting death of James Wood, Senior. Police say Wood and his two sons broke into the home. The homeowner fatally shot the father, but now one of the sons that faces a murder rap. "In a situation where individuals are involved in a felonious act of some type and an individual is murdered or killed, they can also be charged with that murder," said Lt. Barry Wilkerson, commander of the LMPD Homicide unit.

A Kentucky Supreme Court ruling allows the murder charge because the break-in led to the shooting death, even if the suspects did not pull the trigger. "I haven't had one of these in over 33 years of doing this, but it doesn't mean it doesn't happen," said Thomas Clay, a local defense attorney.Clay said the fact the suspects had duct tape and wire with them only fortifies the murder charge.

"Certainly those tools are indicative of an intent to do more than perhaps just rob this person, maybe to assault him, shoot him or even kill him and that makes the case much worse from the defense perspective," said Clay.



http://www.wave3.com/Global/story.asp?S=9824091&nav=menu31_3

noonwitch
02-12-2009, 10:20 AM
I don't know if the charge will stick, especially if the dead father was the one who plotted the crime to begin with.

I wish the prosecutor in my county would emphasize the catch that makes it first degree murder if the perp is already participating in a felony and someone dies. The crazy-eyed wife killer would have gotten mandatory life, instead of being eligible for parole in 30 years (not that he'll get it, or that he'll survive prison). And, the evil women who killed a CPS worker also would both be serving life. If you tie someone up and start hitting her with a hammer, you are committing a felony, even if you didn't intend to kill her.

I know I'm one of the libs here, but I always vote republican for county prosecutor, now that I live in Macomb County. Even in Detroit, they'd get justice in those types of cases.

AHeneen
02-12-2009, 10:45 AM
It's a shame the man didn't shoot all of them, would have saved the county $$$ for the trial & prison. :D

FlaGator
02-12-2009, 12:52 PM
We have the same law here in Florida. As an example, some kids stole a car and then did a home invasion robbery. The police spotted the car a couple of hours later and gave chase. The kids (there were 3 of them between 16 and 19 years old) got trapped on a dead end road. The 19 year old got out and took a shot at the police. The police fired back and killed him. The remaining 2 were both charged with 2nd Degree Homicide. The charges did stick and they were convicted. In Florida in you participate in a felony and someone get killed (doesn't matter who) you can be charged with murder even though you didn't pull the trigger.