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WV concealed carry gets murder charge

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sjwsti:
http://www.wvmetronews.com/index.cfm?func=displayfullstory&storyid=47372

Logan Prosecutor Says They're Still Gathering Evidence
MetroNews Talkline
Logan, Logan County

Logan County Prosecuting Attorney John Bennett 

The Prosecuting Attorney in Logan County says he wants to be careful what he says publicly about a case involving a Logan man who allegedly shot and killed the man who robbed him.

It happened earlier this week at the Logan Wal-Mart.

"At this time, we're still gathering information, statements and whatever else they can come up with, evidence and I really don't want to comment at all," Prosecuting Attorney John Bennett said on Thursday's MetroNews Talkline.

Logan Police say David Abbot, 37, from Chapmanville had taken money from Jesus Canul, 26, of Logan (pictured above right) who had just cashed his paycheck at Wal-Mart.

Abbot threatened Canul with a sharp object, possibly scissors, during that robbery.

Once he took off with the money in the parking lot, reports indicate Canul, who has a concealed weapon permit, pulled out a gun and allegedly shot Abbot in the head.  Abbot died at the Logan County Medical Center.

Canul claims he was acting in self defense, but Bennett says there are clear legal definitions for that.

"If and when it ever gets to a grand jury, the judge would instruct them specifically on the law of self defense in this state."  He says he has seen cases like this one before now.

"The facts are always somewhat different but, in many respects, quite similar."

At this point, Canul is facing murder charges.

Lorimor:
Judging by what has been presented here, I'd say "yep", Canul wasn't acting in self-defense. 

I'd say he might be in just a little bit of trouble. 

metaldoc:
This is the kind of case that helps the anti's with their arguments against CC.

SBarry:
Jury nullification.

AAllen:
I have read some other comment on this incident where Jesus Canul had broken free of the thief and produced his firearm and the thief had just turned like he was retreating when Jesus fired.  Things may not be as clear as they were written in this article.

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