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Old May 30, 2001, 12:56 PM   #16
Mike Irwin
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Join Date: April 13, 2000
Location: Northern Virginia
Posts: 41,390
Double Naught & Art,

Obviously, this differs from state to state.

In Pennsylvania, generally, if you shoot someone in the back while they are fleeing, ESPECIALLY if they are unarmed, even if they've just slaughtered a whole flock of nuns, you've got problems.

I'm not 100% certain, but I'm pretty sure that it's the same in Virginia.

The idea of constituting an ongoing threat to the community is also a tough one.

In this situation, it could be argued that the man posed no true ongoing threat to the community at large, as his actions were only directed at the his ex and apparently her mother. There's no evidence that the greater community was in danger by his escape, only this woman.

Any way you cut it, this is why we have jury trials.
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