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Why did this guy get prison?

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  • Sweaty Bullitts
    Junior Member
    • Nov 2010
    • 52

    Why did this guy get prison?

    This was in today's Sacramento Bee:

    July 15, 2011

    Man sentenced to 22 years in fatal shooting at Sacramento hotel

    Joseph Raheem Williams has been sentenced to 22 years in state prison for a 2008 shooting death of a many outside the Double Tree Hotel in Sacramento.

    Williams was convicted by a jury of voluntary manslaughter in the death of Alexander Hunter. He was sentenced by Sacramento County Superior Court Judge Michael Savage.

    On Feb. 10, 2008, Hunter was celebrating his 21st birthday with family and friends at the Double Tree Hotel. About 3 a.m., Hunter left the hotel and was walking through the parking lot when a vehicle came close to hitting a family member, according to a Sacramento County District Attorney's Office news release. Williams was a passenger in the vehicle.

    Officials said Hunter and his brother exchanged words with Williams and the driver of the car. The driver, Williams and two female companions got out of the car and walked toward a hotel entrance. Hunter followed Williams through the parking lot demanding a fight.
    When they walked up the steps of the entrance, Hunter grabbed Williams by the shoulder, according to the news release. Williams then turned around and shot Hunter one time in the chest.

    Posted by Cathy Locke

    Read more: http://blogs.sacbee.com/crime/archiv...#ixzz1SPGqkZh9


    Apparently, Williams, the shooter, was trying to avoid a fight, and the "victim", Hunter, pursued him, demanding a fight, and even grabbed him with enough force to swing him around. Why at that point was it manslaughter to shoot the attacker?

    If a guy was pissed at me enough to follow me, and grabs me that hard, I'd shoot too. At that moment, being attacked from behind by someone challenging me to a fight, and not knowing what he might have in his hands, and not having any time to find out, why would shooting the attacker be wrong?

    Thanks for your thoughts,

    Sweaty
  • #2
    nine mil thrill
    Senior Member
    • Sep 2010
    • 1059

    sure the victim was scrapping for a fight, but the jury probably felt that no ones' life was in immediate jeopardy or danger (at that time). deadly force must be only used as a LAST resort. it sounds like williams never even tried to flee or evade the attack.
    sigpic

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      Can't use deadly force when confronted with non-deadly force.

      The jury must have decided that what Mr. Williams did was not justifiable homicide [PC 197] but voluntary manslaughter [PC 192(a)].

      Going straight to deadly force for being assaulted [PC 240] or batteried [PC 242] in a public space, can/will get you in trouble.

      So, you should always have more than one option in your "use of force continuum". That way you can properly address lethal and non-lethal encounters.



      Penal Code 192
      Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
      (a) Voluntary--upon a sudden quarrel or heat of passion.

      Penal Code 197
      Homicide is also justifiable when committed by any person in any of the following cases:
      1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
      2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
      3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
      4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

      Penal Code 198
      A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        Kid Stanislaus
        Veteran Member
        • Dec 2008
        • 4419

        Twenty two years is too much for this offense unless there's more to the story than presented here. I'm think'n his attorney let him down.
        Things usually turn out best for those who make the best of how things turn out.

        Comment

        • #5
          Agent Orange
          Banned
          • May 2010
          • 989

          Yet another post that makes me support stricter CCW permit training...

          Comment

          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30242

            Originally posted by Kid Stanislaus
            Twenty two years is too much for this offense unless there's more to the story than presented here. I'm think'n his attorney let him down.
            He was found guilty of two charges.

            (1) Voluntary manslaughter.
            (2) Possession of a firearm by a convicted felon.

            Hence, the 22 years in prison.

            Originally posted by Agent Orange
            Yet another post that makes me support stricter CCW permit training...
            Would not have helped, since the person could not legally possess a firearm or obtain a CCW permit.
            Last edited by Quiet; 07-17-2011, 5:11 PM.
            sigpic

            "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44691

              Since no one in this story had CCW, I fail to see why it wound up in the CCW forum.

              Moved.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                mjsweims
                Senior Member
                • May 2009
                • 807

                A convicted felon carrying a loaded concealed weapon, then shooting someone during a fight - without knowing any more details it sounds like a reasonable sentence.
                Jack

                sigpic

                Comment

                • #9
                  Agent Orange
                  Banned
                  • May 2010
                  • 989

                  Originally posted by Quiet
                  Would not have helped, since the person could not legally possess a firearm or obtain a CCW permit.
                  I was referring to the OP.

                  Comment

                  • #10
                    SAR_boats
                    Member
                    • Nov 2010
                    • 236

                    Penal Code 197
                    Homicide is also justifiable when committed by any person in any of the following cases:
                    1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,



                    Last I checked, Assault, consummated by battery, IS a felony
                    sigpic

                    Comment

                    • #11
                      Sweaty Bullitts
                      Junior Member
                      • Nov 2010
                      • 52

                      Thank you all for your replies.

                      I know the story did not seem to involve CCW, but the issue of whether it was OK to shoot or not seemed relavent to CCW holders. Nothing in the story said Williams was a convicted felon.

                      My class, though described as a CCW class, was really more for security guards, and did not focus on CCW issues very much. My renewal class will be...

                      Thank you "SAR boats"--what you said is exactly why I asked!

                      Comment

                      • #12
                        iareConfusE
                        Veteran Member
                        • Jan 2010
                        • 4464

                        I'm still a little bit concerned with the whole" deadly force can only be used when met with deadly force" idea. I'm 140 lbs, 5'10" and I'm weak as cake. To me, a single stiff blow from anyone over 170 lbs to the head would probably kill me instantly.

                        Should a sucker punch or a guy asking for a fist fight not be met with my deadly force? Or should I have to wait until I'm a half pint of blood away from death before I do my quick draw and put one in him?

                        Comment

                        • #13
                          USMC 82-86
                          Senior Member
                          • Apr 2011
                          • 2428

                          I guess being a convicted felon in possession of a firearm didn't help. If the victim had some type of weapon or was causing fear of life by let's say trying to strangle the shooter, that may have been seen as self defense. He may have still been convicted for possession of a fiream with a felony conviction.
                          sigpic

                          Comment

                          • #14
                            Burbur
                            Senior Member
                            • Sep 2010
                            • 1258

                            Originally posted by USMC 82-86
                            I guess being a convicted felon in possession of a firearm didn't help.
                            I'm sure this is what threw the whole case. Kind of hard to get past that whole "unlawful possession" bit. If he didn't have the gun, like he was ordered, there would have never been a justifiable/non-justifiable question to begin with.

                            Comment

                            • #15
                              Quiet
                              retired Goon
                              • Mar 2007
                              • 30242

                              Originally posted by SAR_boats
                              Penal Code 197
                              Homicide is also justifiable when committed by any person in any of the following cases:
                              1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,



                              Last I checked, Assault, consummated by battery, IS a felony
                              In CA...
                              Assault is a misdemeanor. [PC 241(a)]
                              Battery is a misdemeanor. [PC 243(a)]
                              Battery that causes serious personal injury is a felony. [PC 243(d)]
                              Assault with a deadly weapon is a felony. [PC 245]


                              Penal Code 241
                              (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

                              Penal Code 243
                              (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
                              (d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.
                              sigpic

                              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                              Comment

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