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Message
NY judge rules patch irrelevant in homicide
Posted on 3/17/16 at 9:09 am
Posted on 3/17/16 at 9:09 am
Gist of the article is this guy defended himself after some dude tries to shoot him. Despite the fact he was clearly acting in self defense, the Staten Island DA decided to charge him with 2nd degree murder and 1st degree manslaughter. Here's why.....
LINK
quote:
A judge in Staten Island ruled yesterday that membership in a motorcycle club was irrelevant to the case of a biker accused of second-degree murder and first-degree manslaughter after a deadly, June 29, 2014 fight. State Supreme Court Justice Stephen J. Rooney dismissed the charges against Steven Bonfiglio for the homicide of Stephen McMahon. The charges will be refiled and Bonfiglio is due back in court on April 28.
quote:
Bonfiglio started home by himself while Morgan and Raimo remained at the bar but before he got home Raimo called him and asked him to drive Morgan home. So he did and when Bonfiglio and Morgan arrived McMahon was waiting for them. He had been waiting for them for forty minutes. McMahon stuck an automatic pistol in Bonfiglio’s chest and pulled the trigger. It misfired.
quote:
Bonfiglio produced a ball peen hammer, which he told police, he carried because he sometimes needed it to start his motorcycle. When he struck McMahon with it McMahon dropped the gun. The two men struggled. McMahon took the hammer away from Bonfiglio and started to beat him to the ground with it. Bonfiglio snatched the pistol from the ground, cleared it, pointed it up at McMahon and fired. McMahon died the next day. The entire fight was caught on surveillance video. Police found an unfired bullet and a spent cartridge on the ground near McMahon. Bonfiglio threw the gun away but after his arrest he told New York City police where they could find it.
quote:
Bonfiglio was indicted by a grand jury. The grand jury based its indictment, in significant part, on testimony offered by an unnamed “motorcycle gang expert,” The logic appeared to be, “It had to be murder because Bonfiglio belonged to a motorcycle club.”
LINK
8
Posted on 3/17/16 at 9:10 am to Darth_Vader
Mudcheck Thursday! YEAH!
Posted on 3/17/16 at 9:15 am to Darth_Vader
quote:
Bonfiglio produced a ball peen hammer,
Posted on 3/17/16 at 9:16 am to SabiDojo
quote:
Bonfiglio produced a ball peen hammer,
I've tried telling folks around here for a long time the ball peen hammer is a old school favorite. It's a useful tool on older bikes and can double as a very nasty weapon.
Posted on 3/17/16 at 9:18 am to Darth_Vader
well why did the dipshit try and hide the gun and i assume flee the scene? if he would have just stayed there and talked to the cops initially and explained what happened he would have been fine im sure.
It sure makes you look guilty of murder when you start tampering with evidence
It sure makes you look guilty of murder when you start tampering with evidence
Posted on 3/17/16 at 9:21 am to Theboot32
quote:
It sure makes you look guilty of murder when you start tampering with evidence
Posted on 3/17/16 at 9:24 am to Darth_Vader
if this is a true re-tellling, this is a horrible story
Posted on 3/17/16 at 9:26 am to Theboot32
quote:
well why did the dipshit try and hide the gun and i assume flee the scene? if he would have just stayed there and talked to the cops initially and explained what happened he would have been fine im sure.
It sure makes you look guilty of murder when you start tampering with evidence
I agree he's for sure guilty of tampering with evidence and would have no issue with the DA charging him for that. But the whole fight was caught on a survalence camera so the DA knew from the start this was a clear cut case of self defense. Does this DA think when someone points a gun at you and pulls the trigger you don't have the right to try defending yourself?
This post was edited on 3/17/16 at 9:29 am
Posted on 3/17/16 at 9:47 am to SlowFlowPro
quote:
if this is a true re-tellling, this is a horrible story
After a quick Google search, it looks like the retelling is pretty much spot on. Here's the story from when he was arrested....
LINK
LINK
Everything in the link in my OP is backed up by these news stories. The fact this guy was outside with a gun waiting on them, the fact he put the gun to this guy's head and pulled the trigger, the fight where they basically swapped weapons, the fact the guy who died was beating the defendant with a hammer when the guy shot him, and the fact the whole thing was caught on camera. It's all there.
This post was edited on 3/17/16 at 9:52 am
Posted on 3/17/16 at 9:54 am to Darth_Vader
quote:
State Supreme Court Justice Stephen J. Rooney dismissed the charges against Steven Bonfiglio for the homicide of Stephen McMahon. The charges will be refiled and Bonfiglio is due back in court on April 28.
What is this bullshite?
Posted on 3/17/16 at 9:56 am to Theboot32
quote:
well why did the dip shite try and hide the gun and i assume flee the scene? if he would have just stayed there and talked to the cops initially and explained what happened he would have been fine im sure.
It sure makes you look guilty of murder when you start tampering with evidence
I imagine that generally when you've just killed a man it's a good idea not to approach authorities with the murder weapon on your person.
It's also a good idea to secure it so someone else doesn't find/frick with it.
Seems like a reasonable thing to do to me, unless he hid it in a ridiculous spot clearly meant to be a way of dumping it for good.
This post was edited on 3/17/16 at 9:58 am
Posted on 3/17/16 at 9:59 am to ManBearTiger
quote:
What is this bullshite?
I'm wondering the same thing. This is about as clear cut case of self defense as you can get and this DA gets to go on a fishing expedition to try and get this guy thrown in jail. They've got video showing the guy who died pointing his gun at this dude's head and pulling the trigger. And that's not even counting the fact they've got video showing him beating this man in the head with a hammer when the guy gets a hold of the gun and shoots him. Like I said before, I guess this DA thinks this guy should have just let this guy shoot him in the head or when that failed just laid there and let this guy beat him to death with a hammer. If you can't shoot someone when they're in the act of beating you about the head with a hammer, then when can you defend yourself?
Posted on 3/17/16 at 10:01 am to ManBearTiger
quote:
I imagine that generally when you've just killed a man it's a good idea not to approach authorities with the murder weapon on your person.
It's also a good idea to secure it so someone else doesn't find/frick with it.
Seems like a reasonable thing to do to me, unless he hid it in a ridiculous spot clearly meant to be a way of dumping it for good.
According to one of the links the guy says he hid the pistol in order to keep a kid from finding it. After that he is the one who showed the cops where he hid the weapon.
Posted on 3/17/16 at 10:03 am to Darth_Vader
The law looks at it as a chance to get rid of 2 pieces of trash. They've done this to poor people forever
Posted on 3/17/16 at 10:13 am to bencoleman
quote:
The law looks at it as a chance to get rid of 2 pieces of trash. They've done this to poor people forever
Sad but true. And many in the public are fine and dandy with it. Guess they fail to realize that if they can do something like this to this guy, they can do it to anyone they don't like.
Posted on 3/17/16 at 10:28 am to Darth_Vader
quote:
this was a clear cut case of self defense
So he beat the guy with a hammer then shot him? The difference in self defense and murder imo is after the hammer beating was the guy still a threat? If he is bloody, beaten, and has no fight left then there really is no defense for putting a bullet in him to finish him off.
Id go with manslaughter here
Posted on 3/17/16 at 10:31 am to Darth_Vader
Criminals acting like criminals
Posted on 3/17/16 at 10:32 am to Darth_Vader
quote:
State Supreme Court Justice Stephen J. Rooney dismissed the charges against Steven Bonfiglio for the homicide of Stephen McMahon. The charges will be refiled and Bonfiglio is due back in court on April 28.
I guess I have a fundamental misunderstanding of double jeopardy (and im not exclusively referring to this case)
Posted on 3/17/16 at 10:35 am to FelicianaTigerfan
quote:
So he beat the guy with a hammer then shot him?
No. Here's what happened. The guy who survived is the one who was beaten with a hammer. He shot the guy while that guy was beating him with the hammer.
Defendant shows up to drop this guy's GF off at their place. He was only giving her a ride home at the request of another guy. When the defendant arrived, the guy who eventually died was already outside waiting on him and had a gun in his hand. The guy who later died went up to the defendant put the gun to his head, pulled the trigger but the gun misfired. That's when the defendant gets out his hammer to try and defend himself before this guy can clear his misfired gun. They fight. During the fight, the guy who later died dropped his pistol and took the hammer from the defendant and started beating he defendant in the head with the hammer. While this is going on the defendant is able to pick up the pistol, clear the misfire, and shoot the other guy in the head to stop the hammer attack.
For all this, the defendant is (or was) facing murder and manslaughter charges. And according to one of the links above he was at one time also facing an illegal firearms charge as well despite it was not his gun nor did he even bring the gun to the fight. This looks to me to be another case of a DA throwing as much shite as possible against the wall to see what will stick, justice be damned.
This post was edited on 3/17/16 at 10:36 am
Posted on 3/17/16 at 10:37 am to Old Sarge
quote:
Criminals acting like criminals
So I guess if someone ever tries killing you, you'll just lay down and accept your fate then?
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