The crime on the table is less about what happened before a bullet entered TM's head and killed her, but what happened at that instant. The trigger was squeezed, the .45 bullet left the barrel at somewhere around a muzzle velocity of 840 Feet Per Second (fps) and with a muzzle energy of around 365 Foot-Pounds. (ft-lb) That kind of punch is deadly. In the head, BTW.
I can't take my bullet back. When it leaves my barrel it is following my intent. So if there is any opportunity to not engage in that risk, then I have a responsibility to re-think my situation. EN had that chance and made a conscious choice to act otherwise.
This comes from my general knowledge and understanding so link here;
http://www.websleuths.com/forums/member.php?107203-Steleheart
IMO (meaning in my opinion), EN had enough time to just go home
the same as the Meyers did. But he chose different and that is why he is charged with Murder.
When the deceased retreated there was no aggression on their part
at that time, in fact it can be shown that they were running away and looking for cover. At that moment it makes no difference what they did before retreating, not the day before, the hours or the minutes. Makes no difference if they intended to confront, reason, be armed for safety, spit, swear or even shoot him.
It didn't happen and they went home. Gun jammed, change of heart, fear, the realization this punk is looking for blood. None of that matters as to when EN squeezed his trigger
after the Meyers went home.
Is what led up to this confrontation important? Absolutely, especially in framing the intent of the accused.. Yes. But by itself It does not indict, convict, or make responsible the unarmed Woman shot dead in her yard, regardless of the actions beforehand.
She was not a threat at the time she was shot.
En was known to the Meyer's. He knew exactly who they were and knew their car.;
http://www.huffingtonpost.com/2015/02/24/erich-milton-nowsch-jr_n_6742774.html
<snip>
"
Meyers said that at least once, Tammy Meyers gave the teen $20 when he said he was hungry. Meyers also recalled Nowsch earning pocket money washing cars outside the Meyers family home."
IMO He knew who they were and knew that car intimately. {someone} threatened her and her daughter's lives;
"
Kristal Meyers testified that after her mother gave her a 50-minute driving lesson in a green Buick, another driver swerved around their car, got out of his silver sedan and threatened them.
Im going to kill you and your daughter, the man said.
But that man was not Nowsch, she said, describing a man who was 6 feet tall and 180 pounds. That person has not been identified, and it is not clear whether authorities are searching for him. Nowsch is 5-foot, 4-inches tall and weighs about 120 pounds.
Im screaming mommy, mommy, mommy, go, she testified"
http://www.reviewjournal.com/news/l...rt-tells-story-about-night-tammy-meyers-death
At the time that EN came down the street shooting, it makes no difference if he was driving and shooting, or telling a driver where to go. He was firing a gun. It was not in self defense obviously. IMO that only leaves "Premeditated Murder". Did he think he was going to tickle someone wit his .45 bullets? No he went there to kill them.
He bragged afterward that he fired off 22 rounds at them;
<snip>
"The green car fled, Nowsch said, and he and his friend followed it. Nowsch said that when the green car stopped at a house, he began firing at it and at someone who was running into the home.
Nowsch told his friends he fired 22 rounds, according to the report. He never told them that shots were fired at him."
Read more:
http://www.fox5vegas.com/story/2816...-pointed-at-him-before-he-fired#ixzz3VJrqgJu9
IMO at the time EN's bullet entered TM's head, EN had accomplished what he set out to do. KILL. If it was a neighbor killed by a stray bullet, then I could argue involuntary manslaughter.
But this is Premeditated Murder all day long IMO.
Whether I think they (EN/TM) should have phoned 911 makes no difference when the shooter had another choice. Regardless of what transpired before, EN chose to chase and kill. That is what he did.
Driving lesson? n/a. Previous drug deals? n/a. TM didn't call 911 n/a. TM left and got to her home and was killed? MOST applicable, IMO.
A mother was told "Im going to kill you and your daughter, OMG the emotions, However, IMO, over the course of events, the shooter had a choice before he even went down that cul-de-sac .
:cow: