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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 01:49 PM
Original message
Neighbors shocked after SC trick-or-treater shot
Source: AP

SUMTER, S.C. – A 12-year-old boy was shot to death through a front door while trick-or-treating with his family, shocking residents of a South Carolina neighborhood where most people know each other well.

"I just hate it that that little kid got killed. It used to be the quietest place. I knew everybody and everybody knew me," Vivian Johnson, 81, said Saturday.

She has lived for decades two doors from the house where the boy was killed and his father and brother injured Friday night, but she said she does not know the people who live there now.

Police offered no motive and said it did not appear the family knew the people in the house, which is off a busy, two-lane road in Sumter, a city of about 40,000 people 45 miles east of Columbia. On Saturday, shattered glass still covered the front stoop and about 20 bullet holes peppered the front door and a front-window casement.

A 22-year-old man was charged with murder but it wasn't clear how — or if — he was connected to the family.

Read more: http://news.yahoo.com/s/ap/20081101/ap_on_re_us/trick_or_treat_killing



20+ shots taken at the door? meth-head? crackhead? some other kind of tweeker?
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 01:54 PM
Response to Original message
1. I believe it was a shotgun.
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Edweird Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 02:58 PM
Response to Reply #1
6. 20 rounds? Not a shotgun for sure. Probably a rifle.
Even most high capacity 9mm handguns top out short of 20.
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bagrman Donating Member (889 posts) Send PM | Profile | Ignore Sat Nov-01-08 05:13 PM
Response to Reply #6
21. Buckshot.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:39 PM
Response to Reply #6
25. It was an AK-47 -- at least 29 rounds
He sprayed them through the front door and windows.

It was Halloween, his porch light was on, it was a residential area, and the boy was with his younger siblings, all in costumes, and they KNOCKED at the door.

His GF was caught running away with over 7K in cash.
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Pavulon Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 11:23 AM
Response to Reply #25
62. He is a CRACK DEALER
with an illegal weapon. Ever been to a gun show in SC. Not a crack head hangout. Trailer trash tweaker, maybe.

http://www.theitem.com/apps/pbcs.dll/article?AID=/20081101/ITNEWS01/811019997
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riverdeep Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 02:16 PM
Response to Original message
2. This has made the international papers as well.
Kind of reinforces the idea of America as a gun crazy shoot fest. And comparatively speaking to most Western democracies, they're right. Including our neighbors to the North that has more guns per capita than the US.

Anyway, this is ridiculous, and I can't help but feel that mental illness or drugs were somehow involved. When you hear a doorbell on Halloween, think!

Wasn't the Andy Griffith Show's fictional town supposed to be in SC? It's not Mayberry anymore.
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JimboBillyBubbaBob Donating Member (225 posts) Send PM | Profile | Ignore Sat Nov-01-08 02:57 PM
Response to Reply #2
5. Mayberry
Mayberry was in North Carolina, halfway between Mount Pilot and Siler City.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:49 PM
Response to Reply #5
12. Mayberry is actually Mount Airy, NC
A friend of mine id from there -- I've even had a porkchop sandwich at the Snappy Lunch.
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tledford Donating Member (633 posts) Send PM | Profile | Ignore Sat Nov-01-08 07:13 PM
Response to Reply #12
36. Which is 10 miles North of Pilot Mountain (the real town isn't Mount Pilot)...
...and a good seventy miles Northwest of Siler City. :-)
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 07:50 PM
Response to Reply #36
38. Siler City is where the real Aunt Bea lived -- my friend was her neighbor
The neighbors thought she was mean. I emant her when I was in ciollege -- she was very rude to me!

I spent many weekends in "Mayberry" hanging out.
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Poseidan Donating Member (630 posts) Send PM | Profile | Ignore Sat Nov-01-08 04:01 PM
Response to Reply #2
15. don't blame drugs
Might as well blame rocks for sitting.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:41 PM
Response to Reply #15
52. He is an ex con who apparently was still dealing which probably led to the previous robbery.
Drugs and drug abuse is at least partly to blame.

David
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:40 PM
Response to Reply #2
27. It appears drugs were involved -- looks like he was dealing
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superconnected Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 02:21 PM
Response to Original message
3. Counting the minutes before some one issue voter shows up and says
Edited on Sat Nov-01-08 02:25 PM by superconnected
the kid had it coming, it was private property.
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Edweird Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:01 PM
Response to Reply #3
7. Hyperbole much?
:eyes:

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Judi Lynn Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:13 PM
Response to Reply #3
39. Just the thought some one issue voter would overlook the chance to get in here
Edited on Sat Nov-01-08 08:39 PM by Judi Lynn
to deliver the verdict the kid had it coming makes me so mad I feel the need to run off and grab a gun, and shoot off a few shots to relieve my more-important-than-everyone-else self!

Only then would I be able to calm my overstimulated self down, especially if I managed to kill a few helpless creatures in the process!

On edit:
I was kidding, I hope it's clear. This is the way I certainly see people like the scum who killed the child, and his spitual family.
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DissedByBush Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:07 AM
Response to Reply #39
59. I doubt the perp thinks much about gun rights
More about how to score his next hit of meth and having a rifle to keep the other tweakers from stealing his stash and cash.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:19 PM
Response to Reply #3
49. It's been 420 minutes I hope you aren't still counting.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 05:33 PM
Response to Reply #3
64. Been more than a day now are you still waiting with baited breath.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 07:57 PM
Response to Reply #3
66. The only obsessed people I see...
are the ones so out there that they think any lawful gun owner would defend this guy.
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qwlauren35 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 10:29 PM
Response to Reply #3
75. Trick or Treating is not Stealing a Lawn Sign
And a spray of 20 bullets is not a single bullet in the arm from someone too dumb to know how to fire a warning shot.

It has taken us so long as a country to re-establish a strong enough collective community that cherishes our children that we would be able to return to neighborhood trick-or-treating.

I struggle to put all of my anger onto this one man, instead of being generally angry at my nation for letting things get so bad that it's not safe to trick-or-treat in one's own neighborhood.
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MasonJar Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 02:30 PM
Response to Original message
4. How totally horrid and uncalled for. Do not answer the door. You
do not kill people for wanting to enjoy Halloween. Throw the book at the desperadoes.
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Desperadoe Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:23 PM
Response to Reply #4
42. "Throw the book at the desperadoes".
Hey, now hold on a minute..............:)
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Overseas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:04 PM
Response to Original message
8. I still remember Yoshihiro Hattori -- a visiting Japanese student shot during Halloween 1992
Edited on Sat Nov-01-08 03:05 PM by Overseas
http://en.wikipedia.org/wiki/Yoshihiro_Hattori

Yoshihiro Hattori (服部剛丈 Hattori Yoshihiro) (November 22, 1975 - October 17, 1992) was a Japanese exchange student residing in Baton Rouge, Louisiana, United States at the time of his death. Hattori was on his way to a Halloween party when he mistook the address and stepped onto the wrong suburban property. The property owner, Rodney Peairs, mortally wounded Hattori with gunfire, thinking he was trespassing with criminal intent. The controversial homicide, and Peairs' subsequent acquittal in the state court of Louisiana, received worldwide attention.


America is such a violent country.


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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:58 PM
Response to Reply #8
14. in texas you can shoot first and ask questions later, if they are on your property
anybody breaking into a home or car can be "seen" as a real threat of injury or death to its occupants, weather they actually are or not.

there are no "retreat first, then fire" laws here.

I had a friend that was shot in Dallas while banging on his girlfriend's next door neighbor's door.
He was drunk/had a bad drug interaction. Had no previous weird behavior. Thought he was at her house.
Was beating and kicking on the back door, yelling at her to let him in.
Was NOT ACTUALLY in the neighbor's house. They had called the police and they were on the way. But they shot him anyway, seconds before the police arrived.
No charges were filed.
True Story.



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Overseas Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 04:02 PM
Response to Reply #14
16. I know. I was really shocked at Texas allowing such violence.
Really frightening. I feel so sorry for your friend. Just a dumb drunk night and he gets shot for it!
Whatever happened to throwing cold water at a noisy person outside?
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 04:29 PM
Response to Reply #16
19. it was tragic
Edited on Sat Nov-01-08 04:29 PM by MrsBrady
for my friend's family, of course.

but I know people who know the neighbor who shot him.

it's been terribly difficult for all around, apparently.
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RedLetterRev Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:43 PM
Response to Reply #14
53. That does differ from state to state
In NC, it depends on the situation. Our CCH course was taught be the local sheriff's office armoror. That was a good thing, because in NC, you can as well take the CCH course from any certified instructor, but IMHO it was better to have instruction from a LEO's point of view. The extra tidbits he threw in because he had intimate knowledge of the law and had experience in different situations threw a whole different light on the many subjects we had to cover. "Good sense" figures a lot into NC law.

One of the situations we covered in class was "who's banging on the door" and "when" and "perhaps why". If someone is ringing your doorbell during twilight hours on halloween, it just might be a trick-or-treater. If they're banging the hell out of your door at 2am like they're about to come through it, they probably ain't going to ask to borrow a cup of sugar. NC law is funny. If they're attempting to breach your door or window, yes, you can shoot them. But once they come inside, you can't -- right away. It gets situational. For the curious, here's the PDF. It's danged hard to find on the NCDOJ site. I've posted the FindLaw links in another post below.

There's no excuse for what that dude did. It doesn't matter if he was wired on drugs or not.
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MrsBrady Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 10:26 PM
Response to Reply #53
55. i guess i should have clarified...i couldn't go back to edit my original post...
he was not "on drugs" he had a bad interaction with alcohol while taking a prescription drug.

just for clarification
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DiverDave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:13 PM
Response to Original message
9. The shooter will get off
It's a southern state, He will have every gun nut say he felt "threatened" and the NRA will pay for his lawyer.

He will get off, because children don't count in this fucked up country.
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Pavulon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:17 PM
Response to Reply #9
10. I bet that town has a lower per cap rate that wherever you call home
not a "southern" thing. Secondly if he is convicted of first degree murder, which will happen, he will either die in jail soon or die in jail later.

He may plead to second degree murder depending on why he did what he did. However they do not fuck around in south carolina and he will do 25 years at minimum.
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 04:22 PM
Response to Reply #10
17. Depends on who was black and who was white
in SC.
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Pavulon Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 04:24 PM
Response to Reply #17
18. Nice..
nice to know there are is no racial bias wherever you are from.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 07:00 PM
Response to Reply #17
33. both black, it seems
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Gman Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:20 PM
Response to Reply #33
40. Very sad
regardless of race.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:50 PM
Response to Reply #9
13. Nope -- he killed a kid
SC is pretty Freeper, but this will be unforgivable.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:12 PM
Response to Reply #9
45. An ex con who kills a kid for trick or treating, you are wrong on every count.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 01:18 AM
Response to Reply #9
56. The shooter is black - the NRA won't help him
And he won't get off as well he shouldn't. For the record I always thought the guy in LA who shot the Japanese student should've been convicted of at least manslaughter.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 06:42 PM
Response to Reply #9
65. I don't think he will get off. He is a felon, thus should have not
had a gun in the first place.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 09:30 AM
Response to Reply #9
77. No he won't
He's a convicted felon who was illegally in possession of a firearm, and used it in an unlawful manner to kill someone.
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RedLetterRev Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 03:31 PM
Response to Original message
11. Even in states with castle doctrine
there are a lot of rules that govern when one can shoot -- and mostly when one can't. This is clearly a case of when one can't. I just took a concealed carry handgun course in NC and this was one of the things that was covered. I'd have to guess the shooter was either some kind of mental defective or some kind of tweaker. There's no excuse for shooting through the door for the doorbell ringing at trick-or-treat time. None.

Even in cases where there are extenuating circumstances where the law indicates that it may okay to shoot, 20+ shots will still be considered to be "excessive force" and the shooter will probably serve time for that, even if one shot was warranted.

All I'm saying is there's always a lot more to it. Everything is situational. But in a neighborhood where one could reasonably expect trick-or-treaters at that hour, even one shot at the sound of a doorbell seems pretty darned unreasonable to me.
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 07:44 PM
Response to Reply #11
37. Hopefully, in your course they taught a bit of physics
bullets travel a long way- and go through walls.

This is especially true with assualt weapons.

Something to think about, when "defending your castle."
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RedLetterRev Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:53 PM
Response to Reply #37
44. Actually, they did
It was a fascinating course. There was law, physics, a lot of situational information. It isn't a 30-minute deal. Then again, I find law fascinating; I have a brain for dry, detailed stuff. What can I say? I've spent 30mumble years in IT. Dry, detailed stuff is what I do.

I don't know about your state, but in NC, you've got a good 12-hour day. Most of that is course-work and there's proficiency demonstration. Some states aren't that strong on proficiency. You can't just go to a permitting agency and say "I want a permit".

Even in NC, there are some pretty strict rules about what constitutes "defending your castle" means, and when you can do it. There is a pretty strict duty to retreat. There are also pretty strict rules about rules about use of deadly force. I can think of zero justification for shooting through a door just because a doorbell rings during twilight hours, when one has every reason to know that visitors are likely to show up. I dunno about SC law, but NC law is very, very clear on that. There are cases under NC law where it is permissible to shoot through a door, but they're pretty darn narrowly defined. The case above in the OP in no, zero, nada way fits any definition. Again, I don't know about SC law, but if they charged the dude with murder, I'd have to say there isn't a definition under SC law that fits either. QED.

Here is the best link at hand: Wikipedia - Castle Doctrine
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:45 PM
Response to Reply #37
54. Somewhat correct.
Edited on Sat Nov-01-08 09:47 PM by D__S
All bullets will go a long way.

As for bullets from an "assault weapon" going through walls? That depends on the caliber.

Many SWAT teams have switched from the good'ol MP-5 (9mm... a common handgun round), to the M4 carbine (5.56 NATO), due to the over penetration associated problems with 9mm ammo.
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DissedByBush Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:02 AM
Response to Reply #37
58. Especially true
with hunting rifles. "Assault weapons" in general aren't as powerful.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 08:00 PM
Response to Reply #37
67. No, it's not "especially true with assault weapons."
.223 JHP's penetrate considerably less than handgun JHP's do, which is a big reason police SWAT teams have switched from 9mm submachineguns to .223 carbines for entry teams in residential neighborhoods and apartment complexes.

7.62x39mm penetrates a little less than .30-30 Winchester, which it resembles.

Any firearm will shoot through a door, though (even a .22).
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doodadem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 05:05 PM
Response to Original message
20. My parents are both from the Sumter area originally
I don't doubt for a minute that this was a case of a black kid knocking on a white person's door. I haven't been back there for about 20 years now, but I would imagine the hatred and fear have not changed much.

I still have to make the, "Obama is NOT a Muslim!" argument to my mom every time I talk to her on the phone, but she is a yellow dog democrat, and will vote for him. I'm proud of her for doing it.
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AlinPA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:28 PM
Response to Original message
22. Shooter will go free. Defense will say its pretty hard to say he wasn't protecting his
Edited on Sat Nov-01-08 06:30 PM by AlinPA
"castle". Too bad.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:34 PM
Response to Reply #22
23. No, he won't -- he shot a kid trick or treating
He'll get hard time.
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:13 PM
Response to Reply #22
46. He is an ex con who possessed a gun illegally he will plead guilty.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 08:03 PM
Response to Reply #22
68. Even if he weren't a felon with an illegally possessed gun,
Edited on Sun Nov-02-08 08:07 PM by benEzra
castle-doctrine laws do NOT allow you to just shoot anybody standing on your porch. You can't shoot someone just because you "feel threatened", contrary to popular belief.

If someone is kicking your door in, yes, you can shoot to stop them in most states. If someone is on your porch ringing the doorbell, no, that's murder or manslaughter in every state.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:37 PM
Response to Original message
24. The cops caught his GF running away with $7,500 in cash
Drug dealers.
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WorseBeforeBetter Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:36 PM
Response to Reply #24
43. And her 2-year-old daughter. (n/t)
Edited on Sat Nov-01-08 08:41 PM by TWriterD
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Crowman1979 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:39 PM
Response to Original message
26. Some paranoid NRA members seem to use self-defense as a veil for murder.
Why use 20 shots? And don't give me that excuse of bad aim either.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:41 PM
Response to Reply #26
28. He was a paranoid drug dealer, not a gun nut
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Critters2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:45 PM
Response to Reply #28
29. False dichotomy. One could be both a paranoid drug dealer AND a gun nut.
Just sayin'...
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:48 PM
Response to Reply #29
31. Agreed, but the poster was saying he did it because he was a gun nut
He did it because he was a scummy, paranoid drug dealer.

Poor kid.

It appears the murderer's family apologized to teh victim's family, even though they didn't do anything.
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:50 PM
Response to Reply #28
32. I'm willing to bet he was a paranoid drug user, too
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 07:11 PM
Response to Reply #32
35. Most dealers are, eh?
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Blue_Tires Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 07:04 PM
Response to Reply #26
34. guess he went full-auto...
and the update said he had been robbed and shot before, so he was probably an even bigger paranoid tweeker as a result...of course, i don't know any robbers who knock on the door and yell 'trick or treat'...
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 08:21 PM
Response to Reply #34
41. Sounds like it was self modified, i.e filed down the firing mechanism
Edited on Sat Nov-01-08 08:31 PM by happyslug
Which also explains the 30 rounds, filing down the firing pin means once the trigger is pulled you see 30 rounds go off. No way to stop it till the gun runs out of ammunition. This is NOT how a true automatic weapon works, in a true automatic weapon once the trigger is released the weapon stops firing. Thus this weapon is a dangerous object NOT because it was an automatic weapon BUT how it was converted to be automatic. This butcher job explains why it fired 30 rounds. The shooter could not stop shooting even if he wanted to.

This is NOT a paranoid SOB, such a person would be happy with a shotgun or other weapon, a weapon he could use to defend himself. This sounds like a person who wanted something that fired a lot of rounds to intimidate people, and he probably never fired before that night (Test firing it would have shown even the dumbest druggie the weapon was useless).

Side Note: People are taught when using assault rifles in the automatic mode to fire no more then three shots at a time. The reason for this is that in hand held automatic weapons when fired in the Automatic mode, the weapon will shot up and to the right after each shot. Such a weapon after three rounds or so is shooting the remaining rounds into the air NOT at the Target (With Lefties it is up and to the left0. This firing up and to the right is the result of the movement of the gun in the shooter's arms as his body reacts to the recoil of the weapon. For this reason in true machine guns it is better to fire them from a tripod that fixes the weapon point of aim rather then from the shoulder. Submachine guns can fire more rounds and be effective, but that is due to the lower recoil of the round being fired, so the movement up and to the right is NOT as severe in assault rifles, but even with machine guns we were taught in the army to quit firing after 8-9 rounds. Even as you fire more rounds at a time in the automatic mode, you stop after so many rounds for you can see you are off target. Some how this shooter did not stop and I suspect because he could NOT stop the gun from firing (which is the result of firing down the sear to convert a semi-automatic weapon to a full automatic weapon, the worse way to convert such a weapon).
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:18 PM
Response to Reply #41
48. "Assault Weapons" as banned in 1994 aren't select fire weapons nor are they automatic weapons.
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:30 PM
Response to Reply #48
50. All I mention was this weapon was probably SELF-MODIFIED Nothing more.
Edited on Sat Nov-01-08 09:36 PM by happyslug
Such a modification is illegal AND unsafe. I NEVER used the term "Assault Weapon" I did used the term "Assault Rifle" to mean M-16s, AK-47 as used by the Military (Which is the generally accepted term for such weapons). I only referred to "Assault Rifles" to show the difference between them from whatever this shooter was using. This shooter, I suspect, modified a Semi-automatic only AK-47 type rifle by modifying the sear to permit automatic fire. The modification I suspect he did is illegal and has been illegal since 1986 when Automatic weapons were made illegal (Unless registered at that time, non-registered Automatic Weapons have had to be registered with the Federal Government since 1938). This modification is also unsafe for such a modified weapon will NOT stop firing rounds until it is empty (or otherwise jambs).
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:39 PM
Response to Reply #50
51. Very well.
Thanks for clarifying.

David
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 08:17 PM
Response to Reply #41
70. Filing the sear only works if the gun fires from an open bolt, AFAIK.
If you file the sear on a gun that fires from a closed bolt (i.e., any NFA Title 1 civilian gun, including civilian AK's), then the hammer would just ride the bolt down when the bolt closed and the gun would not fire at all.

I don't think you can convert a civilian semiauto that fires from a closed bolt to a full auto just by filing anything; they are missing necessary fire-control parts and generally have the wrong receiver dimensions to add them without machining the receiver and bolt carrier rails.

If this was a full auto, it could have been either an illegal import, an illicit build by a machinist, or a conversion by a machinist, but you can't do it with just a file.

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:33 PM
Response to Reply #70
72. Yes you can, but you have an uncontrollable weapon.
If you file down the sear on almost any semi-automatic weapon, it will go automatic. The weapon will have NO fire control, you pull the trigger, the weapon MUST fire all of the rounds. If it has a 30 round magazine it must fire ALL 30 rounds, if it has a 500 round belt it must fire all 500 rounds. This is why such a conversion is DANGEROUS for it is UNSAFE, but that has NOT stop idiots from doing it. That 30 rounds went through the door and given you can get AK-47 magazines with 30 rounds capacity, such a weapon is the best explanation for that many bullet holes. I can not see someone holding the trigger that long (Possible but I doubt it). That is the only point I was trying to make. This sounds like some sort of shoddy conversion more then anything else given that 30 rounds went through the door. That is a whole Magazine, to many for one shooter at one time IF HE HAD CONTROL OF THE GUN and to few if the shooter thought he was in a fire fight.
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Pavulon Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:43 PM
Response to Reply #72
73. Maybe he just pulled the trigger 30 times
dumping two mags out of a handgun takes 10 seconds or so.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:54 PM
Response to Reply #72
74. No, filing the sear would result in a weapon that wouldn't fire at all
Edited on Sun Nov-02-08 10:11 PM by benEzra
if you're speaking of NFA Title 1 civilian rifles, because the hammer never gets a chance to hit the firing pin with any force; as soon as the rear of the bolt carrier passes the hammer, the hammer lowers itself, sliding down the back of the bolt carrier, because there is nothing to hold it back. That is assuming the gun in question is a post-1986 NFA Title 1 civilian firearm, of course. To hit the pin, you have to hold the hammer back until the bolt closes and THEN release the hammer, and for that you need additional fire-control parts such as are found in military automatic weapons.

I own a civilian AK, have owned a mini-14, and have some experience with civilian AR-15's. Maybe what you're describing would work with a military automatic weapon (I don't know, I have no experience with how they work), and it would definitely work with a gun with a fixed firing pin that fired from an open bolt (i.e., a pre-'86 civilian MAC-10 or something). But it won't work with a civilian AK, mini-14, or AR-15. It would just lower the hammer slowly as the bolt carrier passes, and it would not fire.

The McClure-Volkmer Act of 1986 reclassified any civilian gun that can be easily converted to full auto (i.e., by filing the sear) AS a full-auto for the purposes of the law, even if not actually converted. That is why civilian open-bolt MAC-10 semiautos are NFA Title 2 restricted as if they were machineguns, and why civilian semiautos must be difficult to convert to full auto.

http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/nfa_faq.txt
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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 09:15 PM
Response to Reply #26
47. You think the ex con who illegally possessed a gun and shot a kid through a door was an NRA member?
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Crowman1979 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 09:48 AM
Response to Reply #47
60. Well not every gun owner is an NRA member.
I was taking into account the fact that a lot the NRA nowadays consists of neocons who shoot other hunters in the face (Cheney) and have dumbass nutjobs spokespersons (Nugent) who make death threats against Hillary and Barrack. Add that with crystal meth and you have a deadly combination.

Hell, I know that asshole who shot the trick-or-treater does not represent the vast owner of gun owners in america. I was even a telemarketer selling NRA memberships over the phone a few years ago. The majority of the calls I received in my last months were pissed off gun owners tired of the NRA associating itself with the neocons in power.

On a side note, I'd recommend joining the "Gun owners of America", "Pink Pistols" or some others that aren't related to the NRA if anyone wants to join an organization pro-actively involed in 2'nd amendment rights.

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Fire_Medic_Dave Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 11:21 AM
Response to Reply #60
61. The only gun group I've been a member of recently is the USPSA.
I haven't been a member of the NRA in over 15 years.

David
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Critters2 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-01-08 06:47 PM
Response to Original message
30. This poor family. They'll relive this horror every Halloween for the rest of their lives.
What a horrible tragedy.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Sun Nov-02-08 01:37 AM
Response to Original message
57. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 08:09 PM
Response to Reply #57
69. Hardly.
Prejudiced much?

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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 01:22 PM
Response to Original message
63. Saddened, but not surprised...
Saddened, but not surprised...

We are a culture which glorifies violence, has one of the highest per capita gun ownerships in the world, and both revels and justifies mind-altering substances.

Very sad.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-02-08 08:21 PM
Response to Reply #63
71. Countries with less militaristic approaches to mind-altering substances
generally have less problem with drug-trade-related violence.

When was the last time there was a shootout between Budweiser and Busch employees? Seems like the end of Prohibition put an end to most of the violence.

Personally, I think if the cannabinoids and the milder club drugs were decriminalized, there would be a lot less trafficking in the hard drugs. Prohibition drives the market toward the harder stuff, whether it be whiskey in the 1930's or cocaine now.
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 09:01 AM
Response to Reply #71
76. volatile mix called "violence"...
We all have our opinions on what the ingredients are to the volatile mix called "violence". For my part, I've simply never met a low-stress, mellow meth addict. I'm sure you have.

Mine are what they are, as I'm sure yours are what they too are.
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benEzra Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 10:12 AM
Response to Reply #76
82. I didn't say decriminalize meth. I suggested that if we decriminalize cannabinoids
and the SOFT club drugs (MDMA, etc.) and treat them like a medical issue instead of a sin issue, then we would likely NOT HAVE A METH PROBLEM. Currently, most drug-prohibition resources are focused on cannabis; refocus that on the hard drugs instead of the soft ones, and you'd have a lot less problem with the hard drugs.

Prohibiting cannabinoids pushes the market towards meth, just like prohibiting beer pushed people toward methanol-poisoned moonshine in the 1920's and early 1930's. Methanol can screw you up as badly as meth can, but we didn't end that particular scourge by taking a harsher and harsher approach; it ended when we took a smarter approach and decriminalized alcohol, with regulation instead.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 09:34 AM
Response to Reply #63
78. The actions of one paranoid, deranged criminal have nothing to do with the "culture"
Please put the blame where it belongs.
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 09:46 AM
Response to Reply #78
79. I'm simply inferring a possible cause and effect.
I'm simply inferring a possible cause and effect.

But at least you said 'please.'
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 10:04 AM
Response to Reply #79
81. I have seen first-hand what abuse of drugs like crack and meth do to people
They can turn even a reasonable, sane person into a raging lunatic.
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LanternWaste Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 11:40 AM
Response to Reply #81
83. Me too...
Me too.

And having a father who spent most of my own formative years in state and federal lock up due to heroin biases me even further to lead me to believe that I'll never meet a person (here or anywhere else) who can maintain a "responsible" habit towards either drug.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-04-08 03:20 AM
Response to Reply #83
84. I'm sorry to hear about that, LW
Edited on Tue Nov-04-08 03:26 AM by slackmaster
I have a friend who is serving a long prison sentence because his brain has been re-wired by heroin addiction. He's a very nice guy, bright and charming and all, but only if he can stay off of opiates. The drug-seeking version of the man is a chronic liar, con artist, and thief.

I met him in 1999 when he was trying to kick the habit. He slipped in 2001, and by the time the cops caught up with him he had performed at least the nine robberies that he confessed to. As a second-stike felon, he should be out in 2018. I miss him.
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mainegreen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-03-08 09:49 AM
Response to Original message
80. I think you could justifiably apply the death penalty here.
There is no doubt this man did the shooting. None, zero, nada. No investigation is needed there. There is no way to trip up that you have the 'wrong' man. I know some people oppose the death penalty because they oppose the penalty itself, but I'm not one of those people. I oppose it usually because you can not be positive enough you have the right person to impose such a penalty. This in not one of those cases.

If the victim's family was not opposed to the death penalty, I'd say execute him. Because there is about a zero percent change he'll get off on some technicality, and he sure is guilty as hell, not to mention deserving of it.
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