A gun owner fatally shot a 23-year-old man in Chicago, apparently during a robbery attempt.
A 32-year-old man, whose name was not released, told police that he and a friend were sitting in their car on South State Street when two armed men accosted them and demanded money. The man, who had a valid concealed carry license according to Chicago Police Department Officer Ana Pacheco, shot one of the men in the head. 23-year-old Tramel Gray, of Flossmoor, was pronounced dead at the scene; his alleged accomplice fled on foot.
Investigators will look into the shooting, and it is uncertain whether charges will be filed.
Open and Shut?
Stories like this one are unpopular in many circles. Some people do not want gun ownership to receive favorable publicity, and others feel that such actions are not morally justified. Specifically with regard to law enforcement and prosecutors, there are individuals who feel that these actions set dangerous precedents, and there are even a few who are personally insulted, because they feel that these matters are for the police and the courts and not for gun owners. Therefore, even in seemingly clear 90% of criminal cases are resolved through plea bargaining, and in shooting cases, these negotiations often involve reduced charges. Such an outcome satisfies both sides, at least in part. Prosecutors “win” because the defendant is punished and defendants “win” because the punishment is often miniscule when compared to the possible consequences of a guilty verdict at trial.
Reckless conduct can be a class A misdemeanor, and the law clearly applies to justifiable shootings. Although double jeopardy would most likely apply and the defendant could not later be prosecuted for manslaughter or another homicide case, an attorney should probably secure a written promise from the prosecutor that there will be no such action in the future.
If the case went to trial, an attorney may be able to essentially win during jury selection. The prosecutor’s best hope in cases like these is to have an outspoken, pro-prosecutor person on the panel. If an attorney can legally keep such people off the jury, the prosecutor’s chance of victory is substantially reduced.
Contact Assertive Attorneys
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