A Convicted Felon, unlawfully in the US, with a stolen firearm...

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Jered
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A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by Jered » Mon Dec 04, 2017 12:40 am

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The best way to honor #KateSteinle and protect the hundreds of Americans who are shot and killed or injured every day in America is to keep guns out of the hands of dangerous people. Why are we more upset that she was shot by an immigrant than that she was shot and killed???
Is a reason we need more gun control.

Someone stole the firearm from a police officer, too.

:roll:
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McClarkus
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by McClarkus » Mon Dec 04, 2017 1:12 am

I'm unhappy the jury did not even find negligent homicide in this case. The rest is fuel on a fire.
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MiddleAgedKen
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by MiddleAgedKen » Mon Dec 04, 2017 3:20 am

There's no chance at all the prosecutor -- working for a would-be sanctuary and all -- took a dive, is there? I mean, that's far too cynical to even contemplate. :roll:
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Vonz90
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by Vonz90 » Mon Dec 04, 2017 3:46 am

MiddleAgedKen wrote:There's no chance at all the prosecutor -- working for a would-be sanctuary and all -- took a dive, is there? I mean, that's far too cynical to even contemplate. :roll:
Yep - but I am thinking it is in the process of backfiring.

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slowpoke
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by slowpoke » Tue Dec 05, 2017 12:47 pm

McClarkus wrote:I'm unhappy the jury did not even find negligent homicide in this case. The rest is fuel on a fire.
I thought California had a felony murder statute? Felon, gun, stolen gun, discharged in public. Thats three felonies isnt it that lead to her death?
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g-man
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by g-man » Tue Dec 05, 2017 3:06 pm

Looking at the charges in the case, it appears the felony murder rule applies only to a particular list of other predicate felonies, not on any felony. Since the felony in possession felony, and the discharge of a firearm in city limits felony, and the possession of a stolen firearm felony (because he had already completed the alleged theft of said firearm) are all not on he predicate list, it’s not 1st degree murder. However, being a felon in possession is apparently not deemed inherently dangerous, or else a 2nd degree charge would have been applicable.

This is not dissimilar from CA residents slapping quick fixes on various firearms to circumvent prosecution because the CA legislature loves listing things. By defining felony murder by a specific list of predicate felonies, instead of as “death resulting from the acts committed during the commission of any crime punishable by more than 1 year in prison”, this guy slips through.

That he never should have been there is a separate issue in this particular case. Just another reason to hate SF.
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Weetabix
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by Weetabix » Tue Dec 05, 2017 5:04 pm

What do you suppose the verdict and sentence would be if one of our CA forum members did the same thing? :roll:
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scipioafricanus
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by scipioafricanus » Sat Dec 09, 2017 1:54 pm

His lawyers actually used the line since he was an immigrant, he had no concept about firearms and their consequences. Didn't bring up the fact he was shooting at sea lions, however.

So this is the type of person they want to let in to the country then?
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g-man
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by g-man » Sat Dec 09, 2017 3:56 pm

Weetabix wrote:What do you suppose the verdict and sentence would be if one of our CA forum members did the same thing? :roll:
Sure as hell, they'd throw me under the jail. Felon in possession wouldn't apply to me, so they'd pull out every other possible applicable charge. And of course since I've had all the appropriate training, there's no way I'd get to plead ignorance like this guy's lawyers did.

The DA had to know he didn't commit a murder under the statutes, and what he did do wasn't on the list of predicates, so 1st degree and 2nd degree wouldn't stick either. Involuntary manslaughter should have been a slam dunk at the bare minimum. The event being an accident is a viable defense in CA, except when the accident is a result of your criminal activity. So Felon in Possession pretty much covers the criminal activity required to eliminate 'it was an accident' as a defense. Not sure if this is a strike against the prosecutor for not appropriately educating the jury on that fact, or on the jury for ignoring it.

As far as the fact he shouldn't have been here... I just looked up his priors. Ho. Lee. Shit. Deported 5 times. Posession and sale of Marijuana (now not illegal in CA), posession of heroine and other drugs, and of course, the 5 illegal re-entries. Here's what gets me: the timeline.

He was let out of a FEDERAL prison in TX in March of '15.
ICE picked him up from prison, but then...
ICE delivers him to the custody of the SF Sheriff's office, pursuant to a warrant for selling pot in '95.
SF drops the pot charge the following day and releases him, despite the feds requesting he be held for deportation.
2 months later, he ends up on the pier.

The SF DA KNEW they were going to drop the charges, and could have done so in absentia. But they didn't. They specifically let him go, despite being asked to hold him for pickup. Aiding and abetting much?
Igitur qui desiderat pacem, praeparet bellum

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Jered
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Re: A Convicted Felon, unlawfully in the US, with a stolen firearm...

Post by Jered » Sat Dec 09, 2017 6:44 pm

The avalanche has already started. It is too late for the pebbles to vote.

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