No Murder Charge for Robber Who Allegedly Shot Clerk Dead

I'm not a criminal attorney, but surely we could stretch felony murder to cover this. He initiated an armed robbery and killed someone in the course of it.

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district attorney noting that because the suspect was shot at while fleeing, his shooting back was self-defense.

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Seems like this is something the jury should decide, not the prosecutor.

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BBonds

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he doesn't do criminal law. Pretty sure he does some form of corporate litigation

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Seems like this is something the jury should decide, not the prosecutor.

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Juries are being manipulated more these days to help the criminal.
If the family members of a murder victim start weeping over the details of their child's gruesome death they can be banned from the court since their pain can persuade the jury.
In some jurisdictions they have eliminated the crime of 'rape' because it's a bad word. You are now charged with 'sexual assault' before you murdered the woman. It's a less emotional word for the jury.

Legalities aside...

If you don't want a life full of bullshite, ending in a bullshite death, don't live in CA.

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It's not a bad argument, but it's also not an iron clad argument that would necessitate dismissing murder charges as a matter of law.

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”As a matter of law,” agreed. But prosecutors are daily asked to make the decision as to whether the likelihood of a conviction justifies the expenditure of resources in a prosecution.

if the murder charge looks like a probable loser, should a DA expend those resources?

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Are you seriously arguing this?

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You must have missed the 20 plus pages of this idiot calling Kyle Rittenhouse a murderer....

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But prosecutors are daily asked to make the decision as to whether the likelihood of a conviction justifies the expenditure of resources in a prosecution.

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I'm aware, but that's what the DA said when announcing why their office wasn't prosecuting the murder.

"In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.”

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if the murder charge looks like a probable loser, should a DA expend those resources?

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In this situation, yes. A victim of an armed robbery is dead, and the person who committed the armed robbery is who killed the victim. The guy I would assume will still face charges for armed robbery. The State will still need to expend resources to prosecute that case. Sometimes DAs have to prosecute cases knowing a conviction isn't a guarantee. That's why we have jury trials. A better question is does the state think justice was served here under the law or were they more worried about their conviction rate?

There's far too many DAs who are too scared to try a case and lose. That's a part of the job. If they're scared to lose, then find another line of work.

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Are you seriously arguing this?

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He argues a whole lot more disturbing things as well... Hanky has a depraved mind...