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Man accused of shooting fleeing robbery suspect
Josey1
Member Posts: 9,598 ✭✭
We have to be careful not to shoot at someone who is FLEEING. The problem is he probably will be charged with "carrying without a permit" even if the shooting is found to be self-defense. Perhaps the jury will refuse to convict him.
Man accused of shooting robbery suspect
Associated Press
CHEYENNE, Wyo. (AP) - A man who shot at a robbery suspect fleeing from a convenience store in January has been charged with one count of assault with a deadly weapon.
James McNeil, 24, of Cheyenne, is also charged with one count of reckless endangering and one count of carrying a concealed weapon without a permit.
McNeil posted a $3,000 bond and was released Wednesday in Laramie County Circuit Court.
Laramie County Circuit Judge Denise Nau set a preliminary hearing forMay 3 in Circuit Court.
The assault charge, which is a felony, carries up to 10 years in prison and a $10,000 fine. Reckless endangering is a misdemeanor with a possible penalty of up to a year and a $750 fine. Carrying a concealed weapon without a permit is a misdemeanor punishable by up to six months in jail and a $750 fine.
State Public Defender Ken Koski said an attorney will be appointed for McNeil.
McNeil turned himself in Wednesday at the Laramie County Sheriff's Department. He was accompanied by Leonard Munker, a Cheyenne lawyer who had spoken on McNeil's behalf shortly after the incident happened.
McNeil refused to comment.
Munker has said that McNeil's actions were based on trying to help and defend people and to stop the robbers. He also said McNeil felt threatened in the situation.
In court papers filed Wednesday, Laramie County District Attorney Jon Forwood said the would-be robber was not armed when he left the convenience store, and that someone else inside the store had foiled the robbery by the time McNeil got involved.
McNeil had stopped at the convenience store to buy milk on his way home from work about 4:30 a.m. on Jan. 26 when he saw an attempted robbery, according to court papers.
Leamon Jefferson, 27, tried to rob the Mini Mart with a hammer, prosecutors said in a court document.
Ben Griffith, who was in the store at the time, jumped Jefferson from behind as Jefferson tried to get money, Forwood said.
Jefferson dropped the hammer and ran out the door, and Griffith followed, Forwood said.
"The videotape clearly shows Jefferson was unarmed," Forwood said.
Griffith ran outside and noticed McNeil in the parking lot holding his handgun in a "port-arms position" and yelling at Jefferson to stop, Forwood said.
Jefferson ran, and witnesses said McNeil ran after Jefferson and fired three times and missed, the document says. McNeil fired again with the 9 mm handgun and hit the roof of the car, Forwood said.
Jefferson climbed into the car driven by Brandy Keenan, Forwood said. Griffith tried to pull Jefferson out of the car, but could not hold on.
The car sped away. McNeil continued to fire, and struck the car five times, Forwood said.
"McNeil ran after the car, firing, and by his account, the last shot he fired struck Jefferson in the back," Forwood said.
Keenan dropped Jefferson off at United Medical Center-West. He underwent surgery, and later was released from the hospital.
Jefferson now is at the Laramie County jail, where he awaits trial on charges of conspiracy and attempted armed robbery. He has pleaded innocent.
Keenan also has pleaded innocent to accessory before the fact and conspiracy. She is out on bond and awaiting trial.
McNeil called 911 to report the robbery. He told the dispatcher the robber came at him with a pickax, Forwood said.
Forwood said McNeil gave conflicting stories to police about the number of shots fired. McNeil also said the suspect came at him with a knife and that he fired a warning shot, he said.
"The only weapon the investigation has disclosed that Jefferson had that morning was the small hammer he dropped inside the store," he said.
The district attorney also disputes a contention the getaway car had tried to back up over McNeil. His actions were not based on self-defense, Forwood said.
"This is absolutely merited by the law and the evidence," Forwood said of the charges.
Copyright 2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Copyright c The Billings Gazette, a division of Lee Enterprises.
http://www.billingsgazette.com/index.php?id=1&display=rednews/2002/04/26/build/wyoming/40-robbery.inc
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Man accused of shooting robbery suspect
Associated Press
CHEYENNE, Wyo. (AP) - A man who shot at a robbery suspect fleeing from a convenience store in January has been charged with one count of assault with a deadly weapon.
James McNeil, 24, of Cheyenne, is also charged with one count of reckless endangering and one count of carrying a concealed weapon without a permit.
McNeil posted a $3,000 bond and was released Wednesday in Laramie County Circuit Court.
Laramie County Circuit Judge Denise Nau set a preliminary hearing forMay 3 in Circuit Court.
The assault charge, which is a felony, carries up to 10 years in prison and a $10,000 fine. Reckless endangering is a misdemeanor with a possible penalty of up to a year and a $750 fine. Carrying a concealed weapon without a permit is a misdemeanor punishable by up to six months in jail and a $750 fine.
State Public Defender Ken Koski said an attorney will be appointed for McNeil.
McNeil turned himself in Wednesday at the Laramie County Sheriff's Department. He was accompanied by Leonard Munker, a Cheyenne lawyer who had spoken on McNeil's behalf shortly after the incident happened.
McNeil refused to comment.
Munker has said that McNeil's actions were based on trying to help and defend people and to stop the robbers. He also said McNeil felt threatened in the situation.
In court papers filed Wednesday, Laramie County District Attorney Jon Forwood said the would-be robber was not armed when he left the convenience store, and that someone else inside the store had foiled the robbery by the time McNeil got involved.
McNeil had stopped at the convenience store to buy milk on his way home from work about 4:30 a.m. on Jan. 26 when he saw an attempted robbery, according to court papers.
Leamon Jefferson, 27, tried to rob the Mini Mart with a hammer, prosecutors said in a court document.
Ben Griffith, who was in the store at the time, jumped Jefferson from behind as Jefferson tried to get money, Forwood said.
Jefferson dropped the hammer and ran out the door, and Griffith followed, Forwood said.
"The videotape clearly shows Jefferson was unarmed," Forwood said.
Griffith ran outside and noticed McNeil in the parking lot holding his handgun in a "port-arms position" and yelling at Jefferson to stop, Forwood said.
Jefferson ran, and witnesses said McNeil ran after Jefferson and fired three times and missed, the document says. McNeil fired again with the 9 mm handgun and hit the roof of the car, Forwood said.
Jefferson climbed into the car driven by Brandy Keenan, Forwood said. Griffith tried to pull Jefferson out of the car, but could not hold on.
The car sped away. McNeil continued to fire, and struck the car five times, Forwood said.
"McNeil ran after the car, firing, and by his account, the last shot he fired struck Jefferson in the back," Forwood said.
Keenan dropped Jefferson off at United Medical Center-West. He underwent surgery, and later was released from the hospital.
Jefferson now is at the Laramie County jail, where he awaits trial on charges of conspiracy and attempted armed robbery. He has pleaded innocent.
Keenan also has pleaded innocent to accessory before the fact and conspiracy. She is out on bond and awaiting trial.
McNeil called 911 to report the robbery. He told the dispatcher the robber came at him with a pickax, Forwood said.
Forwood said McNeil gave conflicting stories to police about the number of shots fired. McNeil also said the suspect came at him with a knife and that he fired a warning shot, he said.
"The only weapon the investigation has disclosed that Jefferson had that morning was the small hammer he dropped inside the store," he said.
The district attorney also disputes a contention the getaway car had tried to back up over McNeil. His actions were not based on self-defense, Forwood said.
"This is absolutely merited by the law and the evidence," Forwood said of the charges.
Copyright 2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Copyright c The Billings Gazette, a division of Lee Enterprises.
http://www.billingsgazette.com/index.php?id=1&display=rednews/2002/04/26/build/wyoming/40-robbery.inc
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
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