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Author Topic: Customer Shoots Robber in Drug Store???  (Read 13136 times)

Offline JimP

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Re: Customer Shoots Robber in Drug Store???
« Reply #100 on: May 10, 2010, 08:04:56 AM »
Quote
"He was able to produce it fairly quickly, and knew right where it was, so it was obviously in a place where normal movements would have exposed it," Conboy said. "And if that's the case, we can't go forward."

So ...... practice your drawstroke and you are not concealing?

Ummmm..... this seems like it was a polititical decision: If Conboy brought charges, the public outrage would crush him and his political cronies.

Just because it ended like we want it to does not mean it was done right.
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Offline FarmerRick

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Re: Customer Shoots Robber in Drug Store???
« Reply #101 on: May 10, 2010, 09:54:07 AM »
Quote from: Burnsy87 on May 04, 2010, 04:32:06 PM
Quote from: dcjulie on May 04, 2010, 03:16:31 PM
wonder if / when they'll give him back his old gun!?!?!

I've always wondered how that worked.  Anybody have any insight?

I'm sure it will be used as evidence in the case against the other two thugs involved in the robbery.  Because of the "speediness"  ::) of the court system in Omaha, that trial most likely won't happen for a year or so.

James will be lucky to ever see it again.
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Offline bkoenig

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Re: Customer Shoots Robber in Drug Store???
« Reply #102 on: May 10, 2010, 11:27:49 AM »
Sounds to me there needs to be a law requiring immediate restoration of personal property seized by law enforcement if no charges are filed.
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Offline 20nickels

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Re: Customer Shoots Robber in Drug Store???
« Reply #103 on: May 10, 2010, 06:02:29 PM »
Quote from: bkoenig on May 10, 2010, 11:27:49 AM
Sounds to me there needs to be a law requiring immediate restoration of personal property seized by law enforcement if no charges are filed.
Agreed, once the ballistics testing is done there is no reason that I know of to keep it.
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Offline Dan W

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Re: Customer Shoots Robber in Drug Store???
« Reply #104 on: May 10, 2010, 07:57:28 PM »
Quote from: JimP on May 10, 2010, 08:04:56 AM
Quote
"He was able to produce it fairly quickly, and knew right where it was, so it was obviously in a place where normal movements would have exposed it," Conboy said. "And if that's the case, we can't go forward."

So ...... practice your drawstroke and you are not concealing?

Ummmm..... this seems like it was a polititical decision: If Conboy brought charges, the public outrage would crush him and his political cronies.

Just because it ended like we want it to does not mean it was done right.

Doesn't mean it was done wrong either. No evidence to prove the charges, no witnesses that would testify as to the visibility of the firearm.

Innocent until proven guilty...No?
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Offline Wesley D

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Re: Customer Shoots Robber in Drug Store???
« Reply #105 on: May 10, 2010, 08:38:37 PM »
Quote from: Dan W on May 10, 2010, 07:57:28 PM
Innocent until proven guilty...No?

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?
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Offline Chris Z

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Re: Customer Shoots Robber in Drug Store???
« Reply #106 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.

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Offline Husker_Fan

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Re: Customer Shoots Robber in Drug Store???
« Reply #107 on: May 11, 2010, 08:41:22 AM »
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.
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Offline Ronvandyn

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Re: Customer Shoots Robber in Drug Store???
« Reply #108 on: May 12, 2010, 11:21:16 AM »
 
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.

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.
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Offline Dtrain323i

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Re: Customer Shoots Robber in Drug Store???
« Reply #109 on: May 12, 2010, 02:11:44 PM »
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.



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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