At Least He Didn't Use a Firearm....

[Jeff White]

Well, castle doctrine or not, this is just plain wrong....Wonder if this would fly in Florida after October 1st? I guess it flies in Missouri now.....
http://www.stltoday.com/stltoday/ne...7278714D22CA527D862570530010D5AD?OpenDocument

One dead, one wounded in botched burglary
BY JOEL CURRIER AND HEATHER RATCLIFFE
Post-Dispatch
08/03/2005

A St. Louis man who chased after a burglar he found inside his home was seriously beaten after three construction workers intervened.

Homeowner Hamdija Halilovic, 46, caught the burglar breaking into his home in the 7000 block of Morganford Road shortly before 11 a.m. He grabbed a kitchen knife and chased after Daniel Ferguson, 35, of the 3100 block of North 11th Street, police said.

Police would not release Halilovic's name, but a hospital worker confirmed it.

Witnesses said Halilovic chased Ferguson through an alley behind his home and into Quincy Street. Halilovic stood over him and stabbed him several times with a kitchen knife, witnesses said. That's when three tuck pointers fixing a home nearby spotted the fighting and screaming and tried to stop Halilovic from stabbing Ferguson.

The workers said they were just reacting to what they saw and didn't know one of the men had tried to rob the other. They estimated Halilovic had stabbed Ferguson close to 20 times.

"He hit him once, and he cleaned his clock," said Steve Porter, 26, of St. Louis, after one of his workers struck Halilovic twice in the back of the head with a flat-blade shovel in an attempt to stop the fight.

Porter said the blows knocked Halilovic onto the pavement, leaving him bloodied and unconscious. Porter said he dragged Halilovic out from under Ferguson's pickup so the burglar wouldn't run over him.

Police said the injured Ferguson fled in the white Ford pickup, lost consciousness behind the wheel and crashed into a building at 4700 block of Virginia Avenue.

Ferguson was pronounced dead at St. Louis University Hospital shortly after 11:30 a.m. An autopsy will be done in an attempt to determine whether he died of stab wounds or injuries from the crash.

Halilovic was listed in critical but stable condition Wednesday.

Police said charges were not expected to be filed against Halilovic.

Reporter Joel Currier
E-mail: [email protected]
Phone: 314-340-8744

Reporter Heather Ratcliffe
E-mail: [email protected]
Phone: 314-863-2821

Unless there is a lot more to this story, I can't believe they aren't going to charge Halilovic.

Jeff

 

[Janitor]

Wow. If that story is to be believed as it is, this would _never_ fly in MN. To chase after a guy who has already broken off and fled, catch him, and stab him 20 times (per the construction workers estimate)?

Does anyone besides me believe the perp was no longer a threat well before that 20th stab wound?

You're right. At least the guy in the story didn't use a gun.

 

[El Tejon]

Had a case like this a few years ago. Turned out the "burglar" was a just then ex-boyfriend who decided to go over and break off the relationship face to face, the older one took offense.

 

[TallPine]

Never bring a knife to a shovel fight.

 

[GunGoBoom]

That is pretty weird because that story, as relayed is clearly an unjustifiable homocide. Murder should be charged. Extreme provocation could be then entered as a defense, which if bought by the jury, would reduce the conviction to manslaughter. I could see that maybe the only reason they would charge homocide is if they simply cannot prove one element of their case, that is causation - i.e. can't prove that it was the stab wounds, not the car wreck, which caused the death.

 

[Janitor]

"I could see that maybe the only reason they would charge homocide is if they simply cannot prove one element of their case,..."

I thought that "homocide" was a family of offences (like manslaughter, premeditated murder, etc), and not a specific charge by itself.

 

[GunGoBoom]

Right, it's a family of offenses, including murder of varying degrees, and manslaughter. What I mean is, SOME kind of homocide occurred, sounds like. The appropriate charge is MURDER (depending on the state, either 1st or 2nd degree).

 

[Janitor]

"Right, it's a family of offenses, including ..."

Ok, ok. it's "offenses", not "offences".

Sure ... wave my illiteracy in my face.

 

[Flyboy]

Actually, since the topic was raised, "offence" and "offense" are both correct. The former is chiefly British, though.

However, the Pink Pistols probably have something to say about your use of the word "homocide."

 

[Janitor]

 

[Mongo the Mutterer]

Scuze me -- homicide is when any person is killed, regardless of cause..

Also the area where the homeowner lives is predominately Yugoslavian (Bosnian, Serb, or Croat I don't know which, obviously they don't reside together). Anyway, a buddy and I were discussing this at lunch, and he made the point that maybe the po po doesn't want to upset the community by charging this dude.

 

[Standing Wolf]

Ferguson was pronounced dead at St. Louis University Hospital shortly after 11:30 a.m.

I'll bet he won't try burglary for fun and profit again very soon.

...maybe the po po doesn't want to upset the community by charging this dude.

Well, that's one approach to law, I suppose.

 

[bogie]

Campers, it's St. Louis, near Morganford... Slam dunk. He's outta there.

 

[Vitamin G]

They estimated Halilovic had stabbed Ferguson close to 20 times

Thats madness...


My arm would probably get tired after 12 or 13...