County Won’t Prosecute Dealer Who Killed 17-Year-Old During Robbery

Bob Irwin highlights the latest self defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self defense with a gun.

Guns Drugs Dice
Guns Drugs Dice
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- The Washington Post reports 08-03-2017 in Fairfax County, Virginia, Police said Thursday no charges will be filed against a man who shot a 17-year-old in self-defense during a robbery last year.

At around 10:30 p.m. on September 7, 2016, officers responded to the 9700 block of Hagel Circle in Lorton for the report of gunshots. They found a local 17-year-old suffering from gunshot wounds to his upper body. He was pronounced dead at the scene.

Fairfax Police announced in a statement that they closed their investigation into the homicide last month after an investigation showed that the deceased 17 year old, an 18-year-old also from Lorton and another 17-year-old who police did not name, tried to rob an 18-year-old man from nearby Manassas Park at gunpoint during an apparent drug transaction.

The drug dealer they tried to rob, who police also did not name, shot the first 17 year old in self-defense, according to the statement. Fairfax County prosecutors determined there was no basis for criminal prosecution. The 18 year old would-be robber who survived was charged with robbery and is awaiting trial, police said.

Comment:

What! A drug dealer now has the right of self-defense when his “deal” goes bad?

Does not Virginia have a felony murder rule? Was he not committing a crime (drug sales) that resulted in the death of a party to the crime?

There must be some serious information missing here. Perhaps a Virginia Lawyer or Law Enforcement Officer will comment?

Bob Irwin, Las Vegas

About Bob Irwin

Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KSHP 1400 AM radio (Sunday mornings at 9 a.m.) As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob appears frequently as an expert witness for firearm & use of force cases in Federal, State and local courts.

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Tionico

When we define crime as a harm to someone, then possession of some substance the government have, unlawfully, declared to be “illegel to posses” is not a crime. WHERE is the victim? I mean, the “victim” harmed by this man’s possession of a “controlled substance”, an issue over which FedGov have NO jurisdiction.. No, a man’s life cannot be forfeit simply because he has possession of something that is staututorily “illegal” to possess but harms no one by its possession. We here talk of justice on a regular basis. TO deny ths man’s right to self-preservation by the mere incidental… Read more »

Heed the Call-up

Tionico, I mostly agree with your post up to the point of the commission of the crime of possession. His crime was sale of a controlled substance. Even if that were legal, he’d still be committing crimes, though probably not felonies, for non-taxed sales, no business license, etc. If he was lawfully selling his merchandise, he would more likely not have been on the street and having gotten robbed. Current laws in Virginia makes his business model illegal, and subject to laws regarding the sale of illicit drugs, which includes his committing murder in the course of a crime. Use… Read more »

Wild Bill

, If Va. statues include the Misdemeanor Manslaughter Rule and the possession is a misdemeanor, then the Misdemeanor Manslaughter Rule could be charged.

John

Time to fire the Chief of Police and get one that takes care of the people. Your home is your castle not public property.

Heed the Call-up

But as long as one isn’t committing a crime, one is still allowed the right of self-defense in public. That is settled law, even in Virginia.

JDL

Seems that you missed the entire point. Has nothing to do with castle laws – don’t know how you derived that from the article. It has to do with self defense. Bob’s comment is valid. In most states, if, during the comission of a crime, ANYONE is killed, then all who were committing the crime are charged with felony murder.

Has nothing to do with castle law.

Wild Bill

If Va. has the Felony Murder Rule, and the drug sale would be a felony under Va. state law, then a claim of self defense will not be effective.

Hank

Yeah, even a criminal has the right to defend his life. I’m sure the dealer will still be charged with possession with intent to sell, and carrying a concealed weapon without a license, likely because he has prior convictions in which case he’ll also be charged with being a felon in possession of a firearm.

Wild Bill

@Hank, a criminal may have the right to defend his life in other situations, but in the present situation he can not be said to have clean hands. Please see Robinson on Criminal Defenses. I am pretty sure that the Felony Murder Rule will cover this.

JDL

I agree, WB. A criminal does not have the right to self defense while he is committing a crime.

rich

Maybe he (the drug dealer) worked for the GOV??????????

Calvin Blumhorst

Yes, it will be interesting to see how “the powers that be” spin this.

Heed the Call-up

Bob Irwin, that was my same thought. The drug dealer needs to be charged with murder. We are only allowed the right of self-defense when we are not committing a crime, otherwise thieves, etc., could claim that same right when assaulting us.