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Would a jury convict this man?

Ns1

Ns1

No Lifer
I sure as hell hope not.

NEW YORK (CBSNewYork)– A 4-year-old boy is in the fight of his young life after he was shot in the chest during a botched robbery in the Bronx.

Police said the gunman, identified as 17-year-old Mauricio Acosta, pulled the trigger while trying to steal an old coat that belonged to the boy’s father.

The father was bringing his son, 4-year-old Cencia Balthazzar, back to the women’s shelter where the toddler lives with his mother on Grand Avenue around 10:30 p.m. Tuesday when police said Acosta and two other teenagers tried to rob them.

1010 WINS’ Carol D’Auria reports one person is in custody

Sources told 1010 WINS’ Carol D’Auria the father and Acosta apparently got into a struggle and the gun went off shooting the young boy in the chest.

“I seen the baby. The legs were spread apart and the mom was trying to hold her or him, whatever it was. The baby wasn’t moving at all,” witness Neftali Negron told CBS 2′s Kristin Thorne.

CBS 2′s Pablo Guzman reports two young men rushed the boy to get medical attention. The child was transferred from St. Barnabas Hospital to Columbia-Presbyterian. Investigators say he has lost consciousness three times.

Police said the father wrestled a gun away from one of the alleged muggers and ran after one of the suspects, shooting the teen in the back of the head.

Officers found the 17-year-old alleged assailant shot nearby at Grand Avenue and Evelyn Place.

“He was saying ‘Please I need help. I need help. Somebody call an ambulance.’ I called the ambulance,” one witness said.

He was listed in critical condition at Saint Barnabas Hospital.

Guzman reports police have tracked down the third suspect.

Police are questioning the father.
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http://newyork.cbslocal.com/2011/11/09/teenager-toddler-shot-in-the-bronx/
 
I think it is a justified shooting, but the fact that he ran after the mugger to shoot him may not play too well in the eyes of the law. Hopefully it is considered that it was in the heat of the fight and wasn't done with forethought.
 
D1gger said:
I think it is a justified shooting, but the fact that he ran after the mugger to shoot him may not play too well in the eyes of the law. Hopefully it is considered that it was in the heat of the fight and wasn't done with forethought.
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The guy broke the law. But I have no problem executing criminals right on the street.
 
Well, that's where a jury comes in--the prosecutors may have to press charges depending on the law, and the jury can examine the facts and the law and come down on the side of common sense.
 
Is it illegal? Yes it is. He shot a guy in the back of the head as he running away. Would *I* convict him? Nope.
 
realistically, some prosecutor will give the typical, "we cannot condone vigilantes" and make an example of him.
 
Just re-read the article. Is the person he shot, the same dude he took the gun away from? If not this may be a different matter.
 
Police said the father wrestled a gun away from one of the alleged muggers and ran after one of the suspects, shooting the teen in the back of the head.
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Pretty sure that's murder under the law, so the possibility is certainly there. Depends on how well the defense argues his frame of mind considering his son had just been shot.
 
Hung jury. For me, I would convict him. You don't go around shooting at people in the public. What if he missed the mugger and killed another innocent child? If it was an home invasion, then yes, I would acquit the father. But in this case, because the shoot was carried out in the public, his emotions clouded his judgement and put innocent people in danger. He should be penalized despite what the muggers did.
 
Baked said:
Hung jury. For me, I would convict him. You don't go around shooting at people in the public. What if he missed the mugger and killed another innocent child? If it was an home invasion, then yes, I would acquit the father. But in this case, because the shoot was carried out in the public, his emotions clouded his judgement and put innocent people in danger. He should be penalized despite what the muggers did.
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Yeah... even then you're stuck with a "heat of the moment" kind of deal. How do you convict someone who just went through something like that? I wouldn't. He's probably going to have to be charged though.
 
Shooting someone in the back of the head while fleeing is illegal. But, in this situation it is justifiable and hopefully he will get off with a minimal sentence and be honored by the city.
 
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