Man charged in felony murder of grandma hit by another man's stray bullet (Update)

[shadowrider]

A 19-year—old man now faces charges and a possible mandatory life prison sentence in connection with the murder this week of a 69-year-old northwest Detroit woman as she cooked in her home.

But Antwan Hall, of Detroit, is not the alleged shooter. Rather, he’s accused of the robbery and carjacking that set off a chase and gunfire that struck Geraldine Jackson, 69, as she prepared a celebratory dinner for a granddaughter’s visit

Hall, who was on probation after being arrested last year for use of a controlled substance, has been charged with Felony Murder.

--snip--

Worthy’s office is also reviewing a warrant request for Bell (the shooter), though she has made no decision.

--snip--

A Wayne State University professor told the Free Press earlier this week that case is a classic legal situation of transferred intent.

Police department spokesman John Roach agreed: “People get charged for murder even if they're not the ones who pulled the trigger.

http://www.freep.com/article/20100515/NEWS01/100515014/1318/Man-charged-in-felony-murder-of-grandma-hit-by-another-mans-stray-bullet

[safeinOhio]

1. Permit holder could be in trouble

another story in same issue of Free Press

http://www.freep.com/article/20100516/NEWS01/5160482/1322/ Burden-of-proving-imminent-danger-on-shooter
Jim Watson, who teaches classes for carrying concealed weapons at Target Sports in Royal Oak and Orchard Lake, said the 65-year-old carjacking victim was blatantly wrong if he was chasing the alleged 19-year-old robber down Pickford Street in Detroit when he fired the gun.
Watson said he teaches his students they are only to shoot if their life or the life of another is in imminent danger of death, great bodily harm or sexual assault.

"I tell students they're not the police, and you don't chase people because it's hard to say you're in imminent danger if you're chasing them," Watson said Friday.
The state relaxed requirements for carrying a concealed weapon in 2001. Since then, a flurry of shootings have focused on the question of imminent danger.

In the mean time a 69 year old innocent woman is dead. I'd say the permit holder was negligent in not being aware of what was behind his target. If the permit holder does not go to jail, he will and should be sued by the family of the dead woman.

[shadowrider]

2. Agreed. He ain't out of the woods yet

And he seriously violated rule #2:

Be aware of your target and what is beyond

[safeinOhio]

3. My rule

If you have a problem with anger, don't carry a gun. If someone steals something, keep insurance, don't get pissed and shoot him while he is running away.
I suggest everyone, and most of all those that carry, take an anger management class. They are free for most people. Years ago I taught one.

[shadowrider]

4. Excellent suggestion

My rule #5: If you go looking for trouble, you'll usually find it

[slackmaster]

5. Your rules are quite sound, but I'd like to mention something about classes

Any decent self-defense class includes frank discussions about emotional states related to use of deadly force - Before, during, and after the actual fight.

If someone steals something, keep insurance, don't get pissed and shoot him while he is running away.

Words of wisdom to be sure, but it's also clearly illegal to shoot someone under those circumstances in most states. The advice they give at Front Sight is to use deadly force only to protect something that you would be willing to die for. That provides a least common denominator of laws in most places.

[Statistical]

6. Even if permit holder is eventually charges the criminal is still liable for felony murder.

It is possible that both of them do time.

Permit holder was wrong/stupid to chase and shoot at the suspect however that doesn't eliminate the suspects liability under felony murder statute.

The suspect initiated an violent event in which death or injury was probable. Death did result. The suspect is liable.

[shadowrider]

7. Agreed

The bad guy gets the felony murder charge

The shooter gets time for ignoring rule #2. That said, I'm sure adrenaline and anger overtook rational thinking in this SPECIFIC instance, although I've not seen anything to support that. He should get some time for it, IMHO.