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Topic: tragic, dont get lost in the south
msharmony Joined Mon 08/31/09 Posts: 61041	Sat 03/01/14 11:30 AM
'reasonable' fear of people outside your home,, reminds me of another case where a boy was shot THROUGH the door because he had knocked at night, looking for directions after becoming lost,,, no charges in that one either,,, http://abcnews.go.com/US/wireStory/charges-shooting-ga-alzheimers-patient-22720813 A man who fatally shot a wandering Alzheimer's patient in the early morning hours in north Georgia will not face criminal charges, a local prosecutor said Friday. Joe Hendrix, 35, fatally shot 72-year-old Ronald Westbrook on Nov. 27. The elderly man had slipped from his home as early as 1 a.m. and wandered in the cold and dark for hours until randomly approaching the home of Hendrix's fiancee on a rural cul-de-sac, repeatedly knocking on the door and ringing the bell. Hendrix's fiancee called 911, while Hendrix grabbed his .40-caliber handgun, went outside and confronted Westbrook in the dark. Hendrix told police that he fired four shots after Westbrook ignored commands to stop, identify himself and raise his hands. District Attorney Herbert "Buzz" Franklin's office characterized the incident as a "tragic shooting death" in a written statement. Franklin did not immediately return a message seeking comment. Not enough evidence "I'm a little upset," said Deanne Westbrook, the slain man's widow. She said she felt police and prosecutors had done a thorough job. "I really wanted to see it go before a grand jury, and then maybe before a jury. But they tell me there's not enough evidence for that." Hendrix appreciated the care and deliberation shown by investigators, said his attorney, Lee Davis "Mr. Hendrix fully acknowledges the loss to Westbrook family, and his thoughts and prayers are with them," Davis said in a statement. A series of chance events, even a missed opportunity, preceded the shooting. On Nov. 19, Hendrix's fiancee called 911 just before midnight to report that a man carrying a piece of paper and a flashlight rang her doorbell and wanted to see a person whose name she did not recognize, according to Hendrix's attorney and police reports obtained by The Associated Press under the state's open records laws. The woman had only recently moved into the rented home and was suspicious, Davis said previously. Worried, the fiancee called Hendrix, who told her to call 911. By the time Hendrix and police officers arrived, the suspicious man was gone. Afterward, Hendrix, a former soldier, took a Glock handgun from his apartment in nearby Chattanooga, Tenn., and brought the weapon to his fiancee's home. Left home with dogs About a week later, Westbrook slipped out unnoticed from the home he shared with his wife of 51 years. Westbrook suffered from Alzheimer's, a progressive disease that causes memory loss, impairs judgment and can leave it victims disoriented. His widow, Deanne, previously said her husband had become confused about where he lived and struggled to identify those closest to him. She said she installed alarms on her doors to prevent her husband from wandering, but she didn't hear them when he left with the couple's two dogs, possibly as early as 1 a.m. A deputy sheriff noticed Westbrook walking along a road around 2:30 a.m. and stopped to question him, Walker County Steve Wilson said previously. Westbrook told the officer that he was getting his mail — he was near mailboxes — and then planned to return home. Nothing about the conversation alarmed the officer. Just before 4 a.m., Hendrix and his fiancee woke up to barking dogs and realized someone was ringing their doorbell, knocking on their door and trying to get in, police said. Hendrix's fiancee called 911 while Hendrix went outside with his gun.

alleoops Joined Sat 08/06/11 Posts: 10832	Sat 03/01/14 11:36 AM
The cop that first question the old wasn't suspicious? He didn't do his job and an old man is dead. Shame.

willing2 Joined Sun 06/08/08 Posts: 20221	Sat 03/01/14 12:37 PM
We'll see how it plays out in court. I have suspicions about how this story was presented. I'd wager,if the old dude had wandered into Spike Lees' hood, he'd have been robbed,raped,beaten, then killed.

msharmony Joined Mon 08/31/09 Posts: 61041	Sat 03/01/14 12:39 PM
all crimes that are prosecutable,,, there will be no prosecution , as no charges are pressed here

alnewman Joined Sat 12/14/13 Posts: 4009	Sat 03/01/14 12:59 PM
all crimes that are prosecutable,,, there will be no prosecution , as no charges are pressed here It is indeed an unfortunate incident but still no understanding of the law, what crime has been committed? And why was this little piece left out of your quote... Hendrix's fiancee called 911, while Hendrix grabbed his .40-caliber handgun, went outside and confronted the unknown man in the dark. Hendrix told police that he could see that man was carrying a cylindrical object, which turned out to be a flashlight. The unknown man ignored shouts to stop and came at Hendrix, he later told police. Hendrix fired three or four times, wounding Westbrook in the chest. Just conveniently leaving out some info.

msharmony Joined Mon 08/31/09 Posts: 61041	Sat 03/01/14 01:04 PM
nothing convenient about being shot for being lost OUTSIDE in the dark,,, and its obviously not a crime if no charge was filed but still a tragedy, and a warning for people not to get lost in the dark around people with guns,,,

alnewman Joined Sat 12/14/13 Posts: 4009	Sat 03/01/14 01:11 PM
nothing convenient about being shot for being lost OUTSIDE in the dark,,, and its obviously not a crime if no charge was filed but still a tragedy, and a warning for people not to get lost in the dark around people with guns,,, No the convenience would be the deliberate editing out of a key fact and trying to promote some illicit agenda. Just in case you need a reminder... Hendrix's fiancee called 911, while Hendrix grabbed his .40-caliber handgun, went outside and confronted the unknown man in the dark. Hendrix told police that he could see that man was carrying a cylindrical object, which turned out to be a flashlight. The unknown man ignored shouts to stop and came at Hendrix, he later told police. Hendrix fired three or four times, wounding Westbrook in the chest. A direct quote from your sourced article as compared to your... Hendrix's fiancee called 911, while Hendrix grabbed his .40-caliber handgun, went outside and confronted Westbrook in the dark. Hendrix told police that he fired four shots after Westbrook ignored commands to stop, identify himself and raise his hands. Wow, wonder how that would get so twisted!!!

larsson71 Joined Fri 09/20/13 Posts: 2204	Sat 03/01/14 01:25 PM
Did the guy not think that the old man, was confused for a reason? Or does logic and common sense not play a part in real life anymore? That guy should be charged with murder? Plain and simple, he shot an old man in cold blood! Shooting someone once is enough? Four times though? That's an execution, from a trigger happy ex-soldier, that's what that is and there's no excuse for that!

Conrad_73 Joined Sat 09/29/07 Posts: 22488	Sat 03/01/14 01:36 PM
Did the guy not think that the old man, was confused for a reason? Or does logic and common sense not play a part in real life anymore? That guy should be charged with murder? Plain and simple, he shot an old man in cold blood! Shooting someone once is enough? Four times though? That's an execution, from a trigger happy ex-soldier, that's what that is and there's no excuse for that! yep,the Shooter had IR-Eyes,let him see in the dark! BTW,you never just fire one shot! Firearms-Selfdefense 101!

alnewman Joined Sat 12/14/13 Posts: 4009	Sat 03/01/14 01:42 PM
Did the guy not think that the old man, was confused for a reason? Or does logic and common sense not play a part in real life anymore? That guy should be charged with murder? Plain and simple, he shot an old man in cold blood! Shooting someone once is enough? Four times though? That's an execution, from a trigger happy ex-soldier, that's what that is and there's no excuse for that! Really, and to what set of circumstances would that be attributed? Where is the murder? And three should have been enough, two to the chest and one to the head; bang, bang, bang, done. Don;t shoot if you are just playing around.

larsson71 Joined Fri 09/20/13 Posts: 2204	Sat 03/01/14 01:47 PM
Did the guy not think that the old man, was confused for a reason? Or does logic and common sense not play a part in real life anymore? That guy should be charged with murder? Plain and simple, he shot an old man in cold blood! Shooting someone once is enough? Four times though? That's an execution, from a trigger happy ex-soldier, that's what that is and there's no excuse for that! Really, and to what set of circumstances would that be attributed? Where is the murder? And three should have been enough, two to the chest and one to the head; bang, bang, bang, done. Don;t shoot if you are just playing around. Four shots and a dead body? That's your murder !!

Dodo_David Joined Fri 08/13/10 Posts: 48914	Sat 03/01/14 01:49 PM Edited by Dodo_David on Sat 03/01/14 01:52 PM
It looks to me like the dead man's widow failed to properly take care of an Alzheimer's patient. Apparently, the man belonged in a facility dedicated to taking care of Alzheimer's patients. Such a facility would have someone on duty and awake 24/7. So, why wasn't the dead man put in such a facility? If he had been in such a facility, had wandered away and then been killed, you'd bet that his widow would sue the facility for negligence.

soufiehere Joined Sat 10/24/09 Posts: 45332	Sat 03/01/14 02:20 PM
Edited for disparaging another member. soufie Site Moderator

msharmony Joined Mon 08/31/09 Posts: 61041	Sat 03/01/14 02:27 PM
It looks to me like the dead man's widow failed to properly take care of an Alzheimer's patient. Apparently, the man belonged in a facility dedicated to taking care of Alzheimer's patients. Such a facility would have someone on duty and awake 24/7. So, why wasn't the dead man put in such a facility? If he had been in such a facility, had wandered away and then been killed, you'd bet that his widow would sue the facility for negligence. that's true they are PAID for a certain level of care, unlike family members who have no gain from their care but still no less a tragedy that someone would leave the comfort and security INSIDE their home to go OUTSIDE and end up shooting a lost senior citizen,,,,,,

Dodo_David Joined Fri 08/13/10 Posts: 48914	Sat 03/01/14 02:48 PM
It looks to me like the dead man's widow failed to properly take care of an Alzheimer's patient. Apparently, the man belonged in a facility dedicated to taking care of Alzheimer's patients. Such a facility would have someone on duty and awake 24/7. So, why wasn't the dead man put in such a facility? If he had been in such a facility, had wandered away and then been killed, you'd bet that his widow would sue the facility for negligence. that's true they are PAID for a certain level of care, unlike family members who have no gain from their care but still no less a tragedy that someone would leave the comfort and security INSIDE their home to go OUTSIDE and end up shooting a lost senior citizen,,,,,, In this particular case, if the Alzheimer's patient did not break into the home, then the shooter could have waited for the police to arrive instead of going outside. How can the shooting be in self defense if the shooter could have stayed inside?

alleoops Joined Sat 08/06/11 Posts: 10832	Sat 03/01/14 02:59 PM
We'll see how it plays out in court. I have suspicions about how this story was presented. I'd wager,if the old dude had wandered into Spike Lees' hood, he'd have been robbed,raped,beaten, then killed.

alnewman Joined Sat 12/14/13 Posts: 4009	Sat 03/01/14 03:01 PM
Did the guy not think that the old man, was confused for a reason? Or does logic and common sense not play a part in real life anymore? That guy should be charged with murder? Plain and simple, he shot an old man in cold blood! Shooting someone once is enough? Four times though? That's an execution, from a trigger happy ex-soldier, that's what that is and there's no excuse for that! Really, and to what set of circumstances would that be attributed? Where is the murder? And three should have been enough, two to the chest and one to the head; bang, bang, bang, done. Don;t shoot if you are just playing around. Four shots and a dead body? That's your murder !! Really... Murder is the unlawful killing, with malice aforethought, of another human, and generally this premeditated state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). So unless English is a second language shouldn't be confused about that. Again, where is the murder? manslaughter n. the unlawful killing of another person without premeditation or so-called "malice aforethought" (an evil intent prior to the killing). It is distinguished from murder (which brings greater penalties) by lack of any prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary. Voluntary manslaughter includes killing in heat of passion or while committing a felony. Involuntary manslaughter occurs when a death is caused by a violation of a non-felony, such as reckless driving (called "vehicular manslaughter"). Examples: Eddy Hothead gets into a drunken argument in a saloon with his acquaintance Bob Bonehead, and Hothead hits Bonehead over the head with a beer bottle, causing internal bleeding and death. Brent Burgle sneaks into a warehouse intent on theft and is surprised by a security man, whom Burgle knocks down a flight of stairs, killing him. Both are voluntary manslaughter. However, if either man had used a gun, a murder charge is most likely since he brought a deadly weapon to use in the crime. The immediate rage in finding a loved one in bed with another followed by a killing before the passion cools usually limits the charge to voluntary manslaughter and not murder, but prior attacks could convince a District Attorney and a jury that the killing was not totally spontaneous. Lenny Leadfoot drives 70 miles per hour on a twisting mountain road, goes off a cliff and his passenger is killed in the crash. Leadfoot can be charged with involuntary manslaughter. And how does any of this apply?

Conrad_73 Joined Sat 09/29/07 Posts: 22488	Sat 03/01/14 03:11 PM Edited by Conrad_73 on Sat 03/01/14 03:11 PM
and,of course,the story is conveniently quiet as to what Laws might apply! Whether he had to cower inside,or had the right to face a possible Intruder outside on his Property!

alnewman Joined Sat 12/14/13 Posts: 4009	Sat 03/01/14 03:14 PM
It looks to me like the dead man's widow failed to properly take care of an Alzheimer's patient. Apparently, the man belonged in a facility dedicated to taking care of Alzheimer's patients. Such a facility would have someone on duty and awake 24/7. So, why wasn't the dead man put in such a facility? If he had been in such a facility, had wandered away and then been killed, you'd bet that his widow would sue the facility for negligence. that's true they are PAID for a certain level of care, unlike family members who have no gain from their care but still no less a tragedy that someone would leave the comfort and security INSIDE their home to go OUTSIDE and end up shooting a lost senior citizen,,,,,, You could have something there except that is not the case. The Supreme Court has ruled that the police owe no obligation to protect and a citizen can not compel such behavior. Therefore, it is the responsibility of the citizen to care for themselves. To one that has given their rights for added safety, the case would be to cringe in the corner and see what arrives first, the grim reaper or the police. In many circumstances it would be the grim reaper, therefore we have the second amendment supported by those all so comforting words of the fourth amendment, The right of the people to be secure in their persons, houses, papers, and effects... And in today's society, it usually comes down to them or you....

Dodo_David Joined Fri 08/13/10 Posts: 48914	Sat 03/01/14 03:17 PM
As I understand it, there was a locked door between the old man and the shooter, and nothing indicates that the old man was able to get through the door. So, was it necessary for the shooter to unlock the door and pass through it?