Originally posted by john9001
a 10 year sentence and paroled after one year? your not telling is the whole story.
Yes, I am telling the whole story. The man was a frail 76yo. He served a year in the County Jail as a Trustee. He wasn't a threat to society. I guess thats the rest of the story. He was in ill health for most of the time he was in jail. I guess I could have worded it better with, he received one year served, 9 years suspended.
Let me paint the picture a little better for those of you who don't see why he was convicted. He walked by a telephone not once, but twice. He said in his statement to the detectives that he heard something at the front door (area) and went to see what it was. He saw the ex outside, by his statement, trying to get into the glass exterior door, which was locked. He walked back to the back/master bedroom area to retrieve his shotgun. The shotgun was loaded before the incident. He returned, past the telephone, to the front door where the ex had gotten the glass door open and was kicking the wooden door. He stated that the ex kicked the door two or three times. Then the door came open and BLAMO! He fired from the hip, twice, from a 3-5' range. Neighbor actually called 911 when she saw the ex trying to get in the glass door. The daughter was dialing 911 when the father shot the ex. Deputies arrived 2 minutes after the daughters call and 7 minutes after the neighbor's call. I remember disagreeing with the decision as well. But the DA told me that there was a 5 minute timeline from the time Dad "had knowledge of the Ex's presence and possible danger at the residence" to the time he actually made entry to the home. Based on the fact that IF he would have dialed 911 when he had this knowledge and the actual response time of the responding deputies. This fact was enough to satisfy the elements of 2nd degree murder. The DA, from what I remember, offered the plea agreement to manslaughter with one year served and 9 suspended.
