Man Sentenced to 9 mos for Shooting Car Prowler

[rainbowbob]

I just saw this announcement about a case I have followed with interest.

This happened a mile from my home.

It gives one pause to consider what can happen if you didn't see what you thought you saw, and a DA decides to prosecute.

It could have been worse.

It also could have been a gun the "victim" was grabbing for - instead of his baggy pants.

http://www.seattlepi.com

Man sentenced to 9 months in prison for shooting car prowler
Friday, October 30, 2009
Last updated 4:15 p.m. PT

SeattlePI.com staff

A Seattle man who shot a car prowler in the back of the head and killed him was sentenced to 9 months in jail on Friday.

The sentence and an earlier guilty plea were part of a deal reached with prosecutors.

Filing a second-degree manslaughter charge in September, King County prosecutors alleged that Douglas Cameron Sheets acted with criminal negligence when he shot Jhovany Hernandez outside his Northgate home. According to court filings, police came to believe that Sheets shot Hernandez as the 21-year-old fled.

Sheets was arraigned Oct. 2y, then pleaded guilty to second-degree manslaughter. Since he had no other criminal record, he could have faced a sentence of 21 to 27 months.

But prosecutors recommended just nine months, pointing to a mitigating factor listed in sentencing laws. That factor is invoked when the victim instigated the incident as Hernandez did during the car prowl.

Sheets is eligible to serve work release instead of jail time, Prosecutor's Office spokesman Dan Donohoe said.

Describing the Sept. 24, 2008, shooting, Seattle police Detective James Cooper said in statements to the court that incident began when Sheets heard several men breaking into his car.

From the balcony of his apartment in the 9700 block of Fifth Avenue Northeast, Sheets saw an unfamiliar car idling near the parking stall underneath the balcony where his Toyota Camry was parked. Three other men, Cooper said, were breaking into the vehicle.

Sheets returned to the balcony with a Mosin-Nagant bolt-action rifle, Cooper said, prompting the men in the car to flee as two of the apparent car prowlers, including Hernandez, remained near the apartment. Trying to get to the prowlers' car, Hernandez ran carrying a 27-pound subwoofer taken from Sheets' car.

Cooper said that Sheets told officers Hernandez turned and reached for the waistband of his pants before the shooting. Sheets took aim and fired, striking Hernandez in the back of the head.

Sheets then rushed out of his apartment, Cooper said, checking Hernandez for a pulse and found the man dead. Police later determined that Hernandez was unarmed at the time of the shooting.

Speaking to officers after being taken into custody, Sheets allegedly told investigators he had not intended to kill Hernandez.

"When the defendant told them to freeze, the defendant claimed the last guy turned around holding the subwoofer up by his head with one hand," Cooper said in court documents. "The defendant said (Hernandez), with his free hand, then started reaching for his waistband."

Sheets, the detective added, "said he wasn't going to take any chances, he 'freaked the (expletive) out,' and he fired."

During an autopsy, staff with the King County Medical Examiner's Office found Hernandez had been killed by the single gunshot to the back of his head.

© 1998-2009 Seattle Post-Intelligencer

 

[Zoidberg523]

I know that it doesn't really touch on the issue here, but... A Mosin's 7.62x54R to the back of the HEAD? That will ruin your day for sure.

 

[Tamren]

On one hand, I think trying to stop a car burglary from a balcony with a rifle is a horrible idea, that's what 911 and insurance is for.

On the other hand I have no sympathy for thieves and I'm glad he only got 9 months. Very lucky SOB, it could have turned out so much worse then it did.

 

[NCPatrolAR]

Poor decion-making on the part of everyone involved

 

[106rr]

When he left the balcony to go down to the car, he lost control of the crime scene. One might argue that the others took the gun from Hernandez' waist band before fleeing. The prosecutor seems to have taken a polluted crime scene as a controlled crime scene.His lawyer should have argued the point. It is however, hard to cover a 7.62 in the back of the head.
Here in San Jose,CA, we had a shooting many years ago on Meridian Ave. An investigator for the DA's Office heard someone tampering with cars out on the street. He fired a 44 Mag from his apartment balcony at the perps and hit a 14 yr old unarmed latino kid in the back killing him. They were stealing hubcaps. He was exonerated. But that was a long time ago. The shooter recently died and the local newspaper mentioned him as a hero for shooting a criminal. The newspaper never gave the real story in the obituary. The validity of a shooting depends on who you are and who you shot. Race, power and money are big factors.

 

[n16ht5]

He shouldn't have any sentence. he should be thanked for ridding Seattle of one more POS low life. and that he had a nice rifle choice.

he needs to learn a little SSS

 

[Starship1st]

I take it that WA does not have a Castle Law? Other wise he would not be prosecuted because his car would of been treated as if the feloons had broken in to his home. It sucks that this guy protecting his property and assuming his life has to be convicted.

 

[ChristopherG]

he would not be prosecuted because his car would of been treated as if the felons had broken in to his home.

No doubt these guys WERE felons; but Vehicle prowl and theft of a subwoofer are both misdemeanors in WA; and no, we don't have a 'Castle' doctrine in WA.

 

[Slamfire]

Liberals don't like it when you kill one of their beloved criminals.

 

[Double Naught Spy]

Liberals don't like it when you kill one of their beloved criminals.

And conservatives don't like it when you commit manslaughter. Breaking the law is breaking the law regardless of your political leanings.

 

[DeepSouth]

From the article

Sheets is eligible to serve work release instead of jail time

I'd say he should consider himself VERY fortunate. He needs learn from his many mistakes, use better judgement in the future, do a little thinking about the value of ANY humans life, and try to get some priorities in line. But I can honestly say I don't have pity for the 'victim.' Robbers, buglers, and the like are just asking for this sort of thing to happen to them and sometimes they get it, maybe his cronies will learn something to.

 

[sheepdog]

...now he's a convicted felon...the bad guys won that one...here in Tx, we have the right to defend property with deadly force...but I draw the line at my door...if they're stealing from my yard or my truck...and not visibly armed, I won't shoot them...even if they're taking my truck...life, no matter how sorry, is worth more than property to me...if, on the other hand, they are armed or threatening with a weapon or in my home...oops...

 

[Kleanbore]

I take it that WA does not have a Castle Law?

Correct.

Other wise he would not be prosecuted because his car would of been treated as if the feloons had broken in to his home.

Not correct. In some states the "castle doctrine" does not cover the automobile, and in some it does if the car is occupied. Not sure about all of them.

It sucks that this guy protecting his property and assuming his life has to be convicted.

I guess you think it "sucks" in forty eight of our fifty states.

BTW, he had claimed self defense.

The guy screwed up and got off easy.

Heck, just shooting a high powered rifle in an urban setting is a very bad idea. The guy is lucky that he did not kill or maim someone else.

 

[jr4521]

Poor judgment. But still sends a message.

 

[Atroxus]

I am surprised that he didn't get a longer sentence. He shot the guy in the *back* of the head. I mean really, even if he was armed how big a threat is someone that is running away?

 

[woodybrighton2]

he could turn round and blat off some rounds easy enough.

 

[JpSnareGuy]

Sounds like Sheets shot the guy b/c he could, and out of spite. Sheets was in no real danger. Shoots the guy from a balcony with a high powered rifle and in the back of the head on top of it all and says that he didn't try to kill him ? REALLY... REALLY ? C'mon now. Don't get me wrong, I think anyone who is breaking the law or somthing like that should be dealt with however means ness., but Sheets was on a freakin balcony. All he had to do was step back into the house and call LE. It would be different if Sheets was down there with them. Maybe he could have gotten away with it using a pistol and since Sheets would have been out numbered. I would not take another mans life for a piece of car audio equipment.

 

[makarovnik]

...even if they're taking my truck...life, no matter how sorry, is worth more than property to me...

So no amount of property is worth killing for?

 

[hso]

I take it that WA does not have a Castle Law? Other wise he would not be prosecuted because his car would of been treated as if the feloons had broken in to his home.

Another gross misunderstanding of Castle Doctrine and the law. No one should take this interpretation as being anywhere near accurate.

Considering he shot the punk in the back of the head he's very lucky he's only going to get 9 months of work release on a felony murder charge. "Gee, I didn't mean to kill him by taking aim and blowing his brains out!" Amazing.

So no amount of property is worth killing for?

We've had long discussions on whether killing over property is acceptable and what property and how much. The overall consensus from those debates have been that the vast majority of THR members consider deadly force as as only appropriate to defend your life or the lives of those nearby. The minority feel that some property is worth using deadly force to retain (what that might be was highly variable). Some point out that someone that enters your property or home constitute a deadly threat by the very act of invading an occupied home and that their purpose to steal is a minor point in the face of entering your occupied property. A tiny fraction admit to wanting to be judge, jury and executioner in the heat of the moment (and it's suspected that many others that advocated using deadly force to retain property were operating from that position). That about sums it up.

THR does not generally advocate or tolerate advocating breaking the law and unless a shooting is reasonable in the face of the law it is not acceptable.

 

[Atroxus]

he could turn round and blat off some rounds easy enough.

True, but had Sheets waited and shot the guy in the front of the head the prosecuter might not have been willing prosecute the case. (although if the BG was really unarmed I doubt it) I just don't see any justification for shooting someone in the back unless someone elses life is being threatened, which it seems was not the case here. Now if the BG had reached into his pants *and* spun around to face Sheets I could see a reason to think his life might be in danger.

 

[trex1310]

Sounds like to me that the guy found out about one of the risks of the
burglar business. I don't believe the gentleman with the rifle would have
been prosecuted in Alabama. Still it was a poor decision to fire a rifle in
an urban area.

 

[HGUNHNTR]

Sheesh,he should have gotten more than 9 months. No ones life was in danger.

 

[PX15]

JMOfartO:

My wife and I have ZERO property items for which we are willing to shoot someone over.

We have insurance, and I'm of the firm belief that ANYTIME you shoot someone, and especially when you KILL someone, your "regular" life as you know it will be altered forever.

No matter the circumstances if you kill someone trying to steal your "sub-woofer", or anything else AND if they have not threatened YOU or your loved ones you have just made a very bad, bad decision..

My wife and myself are willing to use lethal force, if necessary, and no other options are available, in defense of our lives, or the lives of other innocents.. But we would never shoot someone over property...

Heck in fact our insurance is such that if someone stole our old TV our insurance company would have to buy a NEW comparable TV... It almost wants to make a person put their old stuff out in the yard and HOPE someone comes along to take it..

Take our old computer too... Please.

But shooting someone over "stuff" just isn't something my wife or I would ever do.

Just personal opinion, no offense to those who will disagree.

Jesse

 

[shotgunjoel]

And conservatives don't like it when you commit manslaughter. Breaking the law is breaking the law regardless of your political leanings.

Thank you.

Correct me if I'm wrong, but Sheets can still own guns because his sentence was under a year, right?

 

[LubeckTech]

It's bad he got any time at all but good he only got 9 months. It's very difficult to defend a shot in the back especially to the back of the head. I am suprised the prosecutor didn't try for a heavier charge. He probably did think he could get a conviction on anything harsher.