York County woman killed by stray bullet; two men facing charges

[alpacaheat]

Love the saying on his shirt" "Don't be the one! Take responsibility."

[Bang]

Might have been one of those Fox News bullets that can easily kill an elephant.

[Daycrawler]

If they were sharing ammo or even each others' firearms (I do when shooting with wife, I'm sure friends do this at times too), how can either be proven to be the one that fired the fatal shot? They can't.

My point exactly.

That is what reasonable bail is for and no other reason....

you have to be arrested and charged before you post bail.....

USMC3531 immediate charges makes sure the person doesnt disappear while they investigate further. ]

That is what reasonable bail is for and no other reason....

Reasonable Bail is use to hold someone not trumped up charges that may not stick. A Warrants of Arrest should be issued when they have identified the suspect and the weapon used and not before. I take no issue with the Police investigating and identifying suspects. Then seizing the weapon, ammo and other evidence when done properly with a search Warrant. No puns intended but I see several holes in this case with the limited information in the article. The biggest one is who pulled the trigger? They took two men into custody on charges. I don't like to defend idiot gun owners or idiot Cops!


I have shot in my back yard, however make no habit of it. My next door neighbor has a small range in her back yard. The property owner a couple hundred yards away has a range but no house. My point is the Police jumped to conclusions made an on the spot arrest of two people when only one could have pulled the trigger, unless they were doing some Mall Cop training.

[Bang]

A possible theory of how an arrest is determined: On the surface it appears two subjects conspired to conduct a dangerous activity in a negligent manner culminating in a homicide. (Homicide is the death of a human caused by another human). Both are individually and severally guilty of any act rising to a felony (felony homicide rule). In such a case, identifying exactly which person fired the bullet resulting in a homicide is not needed to prosecute criminally. In a civil wrongful death case, sure to follow any criminal disposition, inability to proffer who fired the fatal bullet would be of little import.

[jakebrake]

They should have just claimed they were cleaning it.

well, what condition was it being cleaned in?

[unclejumbo]

http://www.pennlive.com/news/2017/06...lled_upda.html

If charges are filed in the case of the 55-year-old Red Lion woman killed over the weekend by a stray bullet, it may be awhile before that happens.

"Ballistics testing could take a few months," Pennsylvania State Police spokesman Trooper Brent Miller said today.

"When a firearm and a bullet are involved, that bullet has to be matched up with that gun," Miller said.

Both have been sent off for ballistics testing. Also, state police reconstruction crews were on the scene today, he said, recreating the trajectory of the shot. The results of that investigation can take several months, as well.

Once the investigation is wrapped up, state police will turn over their findings to the York County District Attorney's Office, which will determine whether or not charges will be filed.

[Yoder]

They should have just yelled "Don't pull out your gun!". You can shoot anyone if you say that and not go to jail.

[Daycrawler]

Both are individually and severally guilty of any act rising to a felony (felony homicide rule). In such a case, identifying exactly which person fired the bullet resulting in a homicide is not needed to prosecute criminally.

I don't see it that way. Beyond a reasonable doubt is required and only one should be charged, but who of the two? The owner of the gun?

In a civil wrongful death case, sure to follow any criminal disposition, inability to proffer who fired the fatal bullet would be of little import.

I agree in a civil matter preponderance of the evidence is required, 51 percent is all you need.

[alpacaheat]

So I'm guessing these ballistics tests to match the bullet with the gun require confiscating both guys firearms?

[Bang]

Isolating and identifying the particular gun and owner involved in the death allows the prosecution to accurately present what happened to the finders of fact (jury if a jury trial, judge if a trial by judge). A complete and accurate recounting of the event is always the goal. Inability to reach that goal is often the case, but 12 (in Penna) minds considering what is presented arrive at mutual conclusions about what happened and who is responsible.