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bea175 Offline OP
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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.

This happened in West Virginia by the name i would bet the robber was a Illegal


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Reminds me of some of the best legal advice I ever read. If you ever need to defend yourself in any way, tell the authorities ONLY that you were the victim of a crime and feared for your life. Anything beyond that will be forthcoming AFTER you retain an attorney.

Even if the LEOs on scene appear to be "on your side", you never know how they really feel or how a potential prosecutor may view your story.

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Many places if not most this would be a bad shoot. When the bad guy turned and ran the danger was over. If he had shot when the bad guy was in his face and armed to would be a different story.

I know in Washington this would not end well for the shooter.


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not in TX


God bless Texas-----------------------
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I will remain what i am until the day I die- A HUNTER......Sitting Bull
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but where you put it !!
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Yep. Texas is far in the lead as far in castle doctrine and self defense.


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At least he won't be robbing anybody anymore.

Put me on the jury.

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My heart would be with him but if I had to serve on his jury in this state and the evidence came out just like in the story I would have to find him guilty. Not sure of the laws there but here it is an open and shut thing. It was a bad shoot.


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Might be a good place for Jury nullification. miles


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bea175 Offline OP
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If i was on the Jury it would be not guilty.


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No one here has enough facts to make a judgement.

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When the bad guy turned and ran the danger was over


This statement makes no sense. What about the danger of not paying his bills or not geting food for his kids? Do you think the power company cares why you don't have any money?

I see it as a totally righteous shoot.


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I'm assuming this is West Virginia based on the names of the towns. If so then, yes, he is guilty of murder. You cannot run someone down from behind after a robbery and shoot them in the head. It isn't, and shouldn't be, legal.

I'm all for self defense but you have to actually be defending yourself in order to be within the law.

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Originally Posted by Ringman
Quote
When the bad guy turned and ran the danger was over


This statement makes no sense. What about the danger of not paying his bills or not geting food for his kids? Do you think the power company cares why you don't have any money?

I see it as a totally righteous shoot.


Not in Washington, not in Oregon. Not is the story that was posted was the real story. Shooting a fleeing robber in the back of the head will get you hard time in most states.

Better read up on your state laws my friend.


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Originally Posted by Ringman
Quote
When the bad guy turned and ran the danger was over


This statement makes no sense. What about the danger of not paying his bills or not geting food for his kids? Do you think the power company cares why you don't have any money?

I see it as a totally righteous shoot.



danger of not paying bills is not life threatining.This is flat bad shoot.Do you feel for the guy yes if he would of shot while being threatened this would not be news


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Yep. Will be interesting to see how this one turns out.


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Originally Posted by Scott F
Originally Posted by Ringman
Quote
When the bad guy turned and ran the danger was over


This statement makes no sense. What about the danger of not paying his bills or not geting food for his kids? Do you think the power company cares why you don't have any money?

I see it as a totally righteous shoot.


Not in Washington, not in Oregon. Not is the story that was posted was the real story. Shooting a fleeing robber in the back of the head will get you hard time in most states.

Better read up on your state laws my friend.



Yep, shooting someone in the back around here would not be legal either. No self defense there.

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"This happened in West Virginia by the name i would bet the robber was a Illegal "

David Abbot is an "illegal's" name ?


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What if the shooter says that he was certain the robber turned around, reached into his waistband, and appeared to be drawing a weapon?

Reasonable enough doubt for an acquittal?

I'm not saying a person should lie under oath, but I wouldn't be flapping my gums at the scene until I had legal representation in order to get my side of the story on the right side of the law, to the greatest extent possible.

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No one here has enough facts to make a judgement.


This is the internet. We make judgements based on the facts the poster gives us.


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danger of not paying bills is not life threatining.This is flat bad shoot.Do you feel for the guy yes if he would of shot while being threatened this would not be news


The liberal media would call it murder and a liberal D.A. would see it as murder even if the guy was stabbed while shooting the perp.


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