Long Beach burglary (2014, attorney, house)

[MaxLMG]

Long Beach burglary: Third suspect arrested, burglar killed not pregnant | abc7.com



I came across this news article which I found interesting. The homeowner was beaten and robbed inside his home and he shot and killed one of the suspects. There is a potential for charges bc one of the suspects claimed she was pregnant ?

[pacific2]

From what I heard on the radio, the tricky issue for prosecutors is that although the elderly man was badly beaten and his home was burglarized, he shot Miller in the back as she was fleeing and his life was no longer in danger.

She had pleaded for her life claiming that she was pregnant. An autopsy showed she was not pregnant.

I'm not an attorney, but I can imagine that, had she been pregnant, the death of the fetus would have thrown in additional wrenches for prosecutors.

[MaxLMG]

Interesting. I did not think about the potential death of the fetus. So due to a fetus there would be 2 separate charges ?


Also the whole issue of self defense is muddy. On one hand her back was turned so he was not in danger.

On the other hand he had already sustained injuries so just because her back was turned does not mean she was not going to come back and inflict more harm bc he was already harmed once.

[dexter14]

He better not be charged. You break into someones house attempting to steal from them and then assault them, breaking their collarbone in the process, you deserve what you get.

[JGC97]

Originally Posted by mbell75

He better not be charged. You break into someones house attempting to steal from them and then assault them, breaking their collarbone in the process, you deserve what you get.

I'm in shock I actually agree with you on something, mbell. If the evidence proves the homeowner wasn't negligent, I would hope the DA has enough sense not to prosecute.

[pacific2]

Again, I'm no legal expert, but the DA also has to deal with the fact that the homeowner shot the woman in the back twice while she was in an alley, not his house; and then dragged her body back onto his property:
Long Beach burglary suspect was not pregnant, coroner says - LA Times

[pacific2]

Originally Posted by MaxLMG

Interesting. I did not think about the potential death of the fetus. So due to a fetus there would be 2 separate charges ?

I don't know. Legal eagles can address that.

[dexter14]

Originally Posted by pacific2

Again, I'm no legal expert, but the DA also has to deal with the fact that the homeowner shot the woman in the back twice while she was in an alley, not his house; and then dragged her body back onto his property:
Long Beach burglary suspect was not pregnant, coroner says - LA Times

Welp, if these scumbags wouldn't have premeditated and carried out multiple felonies, she wouldn't be dead and he wouldn't be in jail. I have zero sympathy for criminals like this.

[jbunniii]

The old man is a hero, in my book.

[JGC97]

Originally Posted by pacific2

Again, I'm no legal expert, but the DA also has to deal with the fact that the homeowner shot the woman in the back twice while she was in an alley, not his house; and then dragged her body back onto his property:
Long Beach burglary suspect was not pregnant, coroner says - LA Times

That's a big no no. If that really happened, the homeowner would most likely be charged.

Decades ago, that sort of thing used to happen but it was before the advanced forensic technology they have today. Now, they can just about tell where someone was shot, and if the body had been moved after. Gotta love modern forensics.