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Old 04-29-2010, 02:17 PM
 
Location: Omaha, NE
1,048 posts, read 2,470,316 times
Reputation: 232

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Another new story. Seems now the shotgun wasn't loaded.

Would-Be Robber's Weapon Wasn't Loaded - Omaha News Story - KETV Omaha (http://www.ketv.com/news/23309461/detail.html - broken link)

That's a pointless argument in my opinion. This may support the claim that he had no intention of shooting anyone. But still, any reasonable person has to assume in a situation like that the gun is loaded. I assume McCullough did what he did because he felt that someone's life was in immediate danger.

He shot 8 times and hit 4 of them. He was either far away, or is a stinky shot.
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Old 04-29-2010, 02:31 PM
 
6,484 posts, read 6,616,340 times
Reputation: 1275
Quote:
Originally Posted by pheaton View Post
Another new story. Seems now the shotgun wasn't loaded.

Would-Be Robber's Weapon Wasn't Loaded - Omaha News Story - KETV Omaha (http://www.ketv.com/news/23309461/detail.html - broken link)

That's a pointless argument in my opinion. This may support the claim that he had no intention of shooting anyone. But still, any reasonable person has to assume in a situation like that the gun is loaded. I assume McCullough did what he did because he felt that someone's life was in immediate danger.

He shot 8 times and hit 4 of them. He was either far away, or is a stinky shot.

Fact of the matter is, you pull a shotgun and point it someone to demand money, you've now threatened them with what they perceive as a deadly threat.

He probably tried to squeeze off as many shots as he could in as little time as possible and if he hit 50% of them that's probably good. He was probably panicked and scared out of his mind. Maybe he just tried to order the guy to drop the gun and he didn't...when it was escalated. I don't know. But I'm pretty sure that if you put me in the same situation I probably wouldn't have hit with every shot.
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Old 04-29-2010, 02:40 PM
 
Location: Omaha, NE
1,048 posts, read 2,470,316 times
Reputation: 232
Quote:
Originally Posted by Calvinist View Post
Fact of the matter is, you pull a shotgun and point it someone to demand money, you've now threatened them with what they perceive as a deadly threat.
Exactly. That's what I was getting at, you worded it better.
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Old 04-29-2010, 02:52 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by Calvinist View Post
Fact of the matter is, you pull a shotgun and point it someone to demand money, you've now threatened them with what they perceive as a deadly threat.
That's correct. It's a well established legal precedent that if you are threatened with a firearm you are allowed to assume that the weapon is loaded and the person intends to use it. The fact that the weapon was not loaded cannot be used against Mr. McCullough

Quote:
He probably tried to squeeze off as many shots as he could in as little time as possible and if he hit 50% of them that's probably good. He was probably panicked and scared out of his mind. Maybe he just tried to order the guy to drop the gun and he didn't...when it was escalated. I don't know. But I'm pretty sure that if you put me in the same situation I probably wouldn't have hit with every shot.
Correct again. Also the tally was 5 out of 8 shots. The 5th one struck the robber's shotgun and was deflected away from the body. For the sake of argument, I'll credit that as a hit.
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Old 04-29-2010, 04:06 PM
 
Location: Omaha, NE
175 posts, read 441,851 times
Reputation: 45
Personally I don't think he did anything wrong killing the robber but I don't understand why he gets the scummiest lawyer in Omaha to represent him. James Martin Davis is known for always representing the guilty. He should have found a different lawyer.
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Old 04-29-2010, 04:55 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,065,107 times
Reputation: 10356
Quote:
Originally Posted by InTheO! View Post
Personally I don't think he did anything wrong killing the robber but I don't understand why he gets the scummiest lawyer in Omaha to represent him. James Martin Davis is known for always representing the guilty. He should have found a different lawyer.
Say what you want about JMD, but he's a damn good lawyer. I don't understand all the hate sent his way. Ultimately he's just doing the job he's been hired to do.
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Old 04-29-2010, 05:25 PM
 
Location: I think my user name clarifies that.
8,292 posts, read 26,676,262 times
Reputation: 3925
So now about 50 suspects showed up at the court house, in support of the other to criminals - both of whom are known gang members.

Would-Be Robber's Weapon Wasn't Loaded - Omaha News Story - KETV Omaha (http://www.ketv.com/news/23309461/detail.html - broken link)


Maybe the police ought to just round up and arrest the 50 "supporters" too. Guaranteed gang bangers in there.
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Old 04-29-2010, 08:58 PM
 
Location: Omaha, NE
175 posts, read 441,851 times
Reputation: 45
I like how they all hid their faces on the camera. What is there to support? A victim fought back for once and won and they are upset?
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Old 04-29-2010, 09:33 PM
 
Location: Chicago
3,340 posts, read 9,688,622 times
Reputation: 1238
Robber's mom forgives shooter - Omaha.com
this seems to paint a different picture....
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Old 04-30-2010, 01:55 PM
 
Location: Omaha, NE
1,048 posts, read 2,470,316 times
Reputation: 232
JMD likes to take a case he can win from time to time.
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