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Customer Shoots Robber in Drug Store???

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Wesley D:

--- Quote from: Dan W on May 10, 2010, 07:57:28 PM ---Innocent until proven guilty...No?

--- End quote ---

Wait.  We still do that?   ::)

And regarding the return of his M&P... I can understand OPD's retention of the shotgun because it was used in the crime the two gang members are being accused of.  But James' handgun wasn't used to commit a crime.   I have to wonder if there is any other form of (legal) private property that the OPD would retain for a potentially indefinite period when not used to commit a crime?

Chris Z:
The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.

Husker_Fan:
It sounds wierd that his gun has to be held for the robbers' trial, but the surviving robbers can be charged differently, or subjected to a higher sentence because someone died as a result of the robbery.  This can be true even if the felony murder statute in Nebraksa doesn't apply (I don't know if it does).  The county attorney needs the gun because it is evidence about the death of one of the suspects and he can use that evidence to pursue aggravated charges.

Ronvandyn:
 
--- Quote from: Chris Z on May 10, 2010, 08:43:16 PM ---The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.
--- End quote ---

I am undergoing something similar right now with my phone.  They have to keep it so that if the defense attorney wants his/her own experts to validate the states findings the items must be available for them in an unchanged condition.  Knowing how long these things take James may not see his weapon for at least a year, and quite possibly longer.  Its going to be 6 months before I get my Blackberry back.

Dtrain323i:

--- Quote from: Chris Z on May 10, 2010, 08:43:16 PM ---The M&P has to be held for the trial's of the robbers...... Don't know why, doesn't make sense, but that is our justice system.



--- End quote ---

are the robbers being charged with their friend's murder? Thats how it worked back in IL. A couple years ago, a group of teenagers broke into a house. The person living there killed 1 of them. After the burglars were caught, they were charged with Burglary, B&E, and 2nd Degree Murder.

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