Woman’s Defiance Led Mugger to Kill Her, Accomplice Testifies (NYC)

Status
Not open for further replies.

K-Romulus

Member
Joined
Dec 31, 2003
Messages
1,146
Location
Somewhere in Monkey County, MD
I remember this story a while back.

For the L&P hook, read the highlight as to how CCW could have stopped this pack of animals. This sort of scum knows only two social concepts: predator or prey.

http://www.nytimes.com/2006/10/05/nyregion/05kill.html

October 5, 2006

Woman’s Defiance Led Mugger to Kill Her, Accomplice Testifies
By ANEMONA HARTOCOLLIS

A teenage mugger took the witness stand yesterday and laid out for a jury the rules of the street that dictated why an actress and playwright on the verge of making it in New York was shot dead, while other mugging victims that night were allowed to live.

It wasn’t the color of her skin, or the amount of money in her purse, the mugger said, but the victim’s attitude — her insouciance, defiance and disdain that made the mugger’s accomplice shoot the actress, 28-year-old Nicole duFresne, once in the chest, killing her.

“What are you going to do, you going to shoot us? Is that what you wanted?” Ms. duFresne demanded, according to Tatiana McDonald, one of the muggers, who testified yesterday in State Supreme Court in Manhattan.

As Ms. duFresne shouted those words, she walked up to Rudy Fleming, whom Miss McDonald described as the 19-year-old leader of the pack, and looked him in the eye, Miss McDonald said. Mr. Fleming reacted by pushing Ms. duFresne in the chest with his left hand.

Ms. duFresne stumbled backward, then bounced back and shouted her question again: “What are you going to do, shoot us?”

Mr. Fleming pushed Ms. duFresne a second time, and when she came at him again, he lifted his right arm and fired one bullet, Miss McDonald said.

“He was so mad, he just lift up the gun and shot at her,” Miss McDonald said. “After I saw her grab her chest, I just ran.”

The prosecutor, Eugene Hurley, asked the witness how close Mr. Fleming was to Ms. duFresne when he shot at her.

About two feet away, Miss McDonald replied. “It was pretty close, because he couldn’t even hold up his hand,” she said, noting that Mr. Fleming did not have room to stretch out his arm. “She was blocking the gun.”

Testifying on the fourth day of Mr. Fleming’s murder trial, Miss McDonald admitted that she was part of a group of seven youths that went out after midnight on Jan. 27, 2005, spoiling for a fight and looking for victims.

She was the youngest of the group, at 14.

Now 16 and still in the sixth grade, she said she agreed to cooperate with prosecutors in return for a promise that if her testimony is truthful, they would recommend that a judge clear her criminal record and consider sentencing her to the 10 months she has already served in jail.

The night of the shooting, the seven smoked marijuana in the apartment where two of them lived in the Baruch Houses on the Lower East Side, then went out after midnight to roam the streets, she said. The five young men in the group wanted Miss McDonald and the other girl, Ashley Evans, Mr. Fleming’s girlfriend, “to fight whatever girls we see,” she said.

They spotted a young man wearing a white leather jacket, and Mr. Fleming announced, “I like that jacket; I’m going to get that jacket,” Miss McDonald testified.

Miss McDonald’s boyfriend, Kashawn Boyd, hit the young man so hard that Mr. Boyd’s hand became swollen, but the young man refused to give up his leather jacket and escaped by running into the street and threatening to call the police, she said. That victim, Adam Chavez, testified on Tuesday.

The group then rode the subway to Brooklyn, where they menaced a girl at the Broadway Junction station and a man who scared them away by reaching into his jacket as if he were carrying a gun.

Returning to the Lower East Side about 3 a.m., they spotted Ms. duFresne walking with her fiancé, Jeffrey Sparks, and two friends, Scott Nath and Mary Jane Gibson.

“I’d like to bang on these people right here,” Miss McDonald quoted Mr. Fleming as saying when he spotted the two couples walking on Clinton Street, south of Rivington Street.

Mr. Fleming hit Mr. Sparks in the eye with his gun, then yanked away Ms. Gibson’s purse, tossing it to the two girls, who rifled through it, Miss McDonald said.

Concerned about her fiancé, Ms. duFresne approached Mr. Sparks and said, “Let me see your eye,” while lifting his hand, which was covering his injured eye, Miss McDonald said.

Then she confronted Mr. Fleming, yelling her challenge, and he shot her, the witness said.

“Did you see Rudy slip at all?” Mr. Hurley, the prosecutor, asked, apparently trying to counter suggestions by Mr. Fleming’s defense lawyer, Anthony Ricco, earlier in the trial that the gun went off accidentally.

“No,” Miss McDonald said.

“Did you see her pushing him at all?” Mr. Hurley asked.

“No,” Miss McDonald said.

Would that samaritan's actions count as a DGU?

Edited to add more:

http://www.nytimes.com/2006/10/04/nyregion/04killing.html


Man Says Youths Accused of Killing Actress Robbed Him That Night

By ANEMONA HARTOCOLLIS

He knew they were trouble as soon as he saw them.

A security guard named Adam Chavez testified yesterday that his internal alarm bells went off as a group of youths in hooded jackets approached him on a darkened sidewalk nearly two years ago, an hour and a half before Nicole duFresne, an actress and playwright, was shot and killed nearby.

Mr. Chavez told the jury at the State Supreme Court in Manhattan that the leader of the group, wearing a white hood and a white scarf wrapped around his face, hit him across the head with a gun because he refused to give up his jacket.

Prosecutors say later that night in January 2005, the same man, Rudy Fleming, shot Ms. duFresne, 28, in the chest, killing her.

“You see the mask, you see the hoodies,” Anthony Ricco, Mr. Fleming’s defense lawyer, said to Mr. Chavez. Would the witness have thought to be on alert, he asked.

“Yes,” replied Mr. Chavez as he was on the stand for the prosecution in Mr. Fleming’s trial for murder.

“He told me to get up out of my jacket,” said Mr. Chavez, who at 22 is slightly older than Mr. Fleming, now 20. “He grabbed me pretty hard. He hit me with something across my face. I pulled my head up and I saw it was in my face. It was a gun.”

Mr. Chavez said he ran screaming into the street in front of a passing taxi, and his assailant let go of him.

Mr. Chavez testified that he called 911 and talked to the police about the attack, which occurred about 1:45 a.m. on Jan. 27, 2005. It was unclear from his testimony whether the police searched for his attackers and why the group was still on the street at 3:15 a.m. when Ms. duFresne, walking with her fiancé and two friends, was killed during a robbery.

The police at the time said Ms. duFresne had demanded of her attacker, “What are you going to do, shoot us?” But so far in the trial, no one has testified to hearing those exact words.

Mr. Ricco, the defense lawyer, has said the shooting was accidental.

Mr. Chavez identified Mr. Fleming by his clothing, a white scarf and a white “hoodie.” Mr. Fleming has refused to attend his own trial.

Mr. Fleming’s godfather, Servino Simmon, testified yesterday that the police found a handgun under a bed at his home on the Lower East Side four days after the shooting. A detective testified that one round had been used; five live bullets remained, and two of them had been nicked, possibly from misfires.

Mr. Simmon, a mover, said he had allowed Mr. Fleming to stay with him before the attack because, “He had no place to go.”

Mr. Simmon’s son, Servisio, 23, and nephew, David, 19, were indicted in the murder with Mr. Fleming and his girlfriend, Ashley Evans, 19. David Simmon pleaded guilty to the attempted robbery of Mr. Chavez and was sentenced to six years in prison. The other two are awaiting trial.

Mr. Simmon began to cry as Mr. Ricco challenged his memory of some details. “If you were going through what I’ve been going through, you wouldn’t even remember your name,” he said. “It’s very sad, yes. If I could change it I would, but I can’t.”

NYC has something like 50,000 police officers for a city of 301 square miles, and even they couldn't do anything about these thugs after they were reported to 911.
 
Death penalty in NY?

Or is that dirt bag going to be getting 3 hots and a cot and library and weightroom and plasma tv and university education and healthcare on taxpayer dole?
 
This shows that being in the right doesn't make you bulletproof. As one who has worked with people like Rudy Fleming, IMO putting him "on the spot" in front of his cohorts was exactly the wrong thing to do. In his (tiny, little) mind he had no choice other than to shoot her or he would be perceived as weak, and in his world that's the worst thing there is. Had Fleming been acting alone, she might well have run him off with her own dominance display.
 
"what are you going to do, shoot me"!

I am sad that her life is over, but that was just a stupid thing to say.
I lived in that neighborhood and was stabbed & held up with guns and knives.
You either vanquish or talk your way out of it.
This is the problem with rich NY liberals, they are very entitled and condescending.
She talked when she should have been shooting.
I bet if you or I had a conversation with her she would tell you
"I don't need a gun & neither do you" she had zero street smarts
and undoubtedly was for gun control.
One of the consequences of being a sheep is being slaughtered.

I bluffed my way out of a NYC mugging by pretending to have a gun too.

Did you notice they're going to let the 16yr old girl thug walk?!
That stinks!
 
That fighting spirit is a liability unless you have a gun in your hand. Unarmed resistance is more dangerous than unarmed compliance. Armed resistance for the win.

Her fundamental mistake was pissing off a gunman instead of choosing to either obey or resist effectively.

Note how the muggers were afraid of the guy with his hand in his pocket. What has it got in its pockets precious? Fire medicine? Muggers can be deterred.
 
Fighting spirit's no good unless you've got something to fight with. Six years in prison? You'd probably get more time than that if you were CC'ing illegally.

In New York, if you want to carry a gun you'd better be willing to commit a felony. That way you'll get off easier.

I wonder if 'her defiance' will be a defense. "She made me pull the trigger!"
 
The math says 55 cops per square mile assuming equal coverage for 3 shifts. How many square miles of living space in one square mile of land though? 20? 30? They aren't all going to be out on the street. Just the ones who don't brown nose their supervisors get stuck with that job. And I'll bet there aren't many of those to go around! :D
 
Fine words M O...still false though.

She wasn't brave, she was an entitled, condescending, sheep.
Probably the same kind of yuppie elitist who is used to
insulting security guards and popcorn venders.

I am from NYC and have been in countless street fights and always carried a weapon of some sort for as long as I remember.

A brave person is someone like a cop or firefighter who see's the World Trade Center collasping and runs in anyway to save one more person.

She was not brave she was foolhardy.

"Fools rush in where Angels fear to tread"

It's plain idiocy to taunt the 15 year old crack head who's got a gun on you.

Look, I'll say a prayer for her anyway and I hope the little creep gets the maximum the law allows--he was the bad guy--she didn't deserve it...
it sure looks like she was asking for it though.

And as to the argument that unarmed bravery accomplishes nothing, I think that Rosa Parks would disagree with you on that topic.

Oh come on man! get real!
 
You guys are assuming an awful lot about this woman. How can you possibly know what her political views were? It's not a wise idea to rush, unarmed, after an armed crackhead. But then again nothing those people over there do has ever made much sense to me.
 
yeah, you're right cosmoline

but I had to deal with these blistering sheeple morons for years...they're all the same...trust me.

I would be willing to bet she was in favor of gun control and a total liberal.
 
This brings to mind something I saw as a kid. A friend and I were going to the corner store when a car screeched to a halt at the curb a few yards from us. A woman got out the passenger side and started walking away. The driver jumped out the car and followed her, screaming at her. She reached in her purse, pulled out a small shiny pistol and turned to face him. He got in her face, yelling "What the f*&# are you gonna do? Shoot me? You gonna shoot me, b*#^%? Then f@#^ing shoot me, b*#^%!" She took a step back and she shot him, right between his eyes.
 
Ahem!

http://mediamassage.typepad.com/mediamassage/2005/02/press_criticism.html

DuFresne's family, even in the midst of unimaginable grief, showed so much more compassion and avoided the simplistic dichotomy employed by journalists. They tried to press the social issues; they told reporters DuFresne opposed the death penalty and criticized how easily accessible guns are in our culture.

Only once, at the very end of a February 3rd page 21 story, did they mention mother Linda DuFresne's comments that her daughter "would not want the killers to face the death penalty", and her hopes that "her daughter's death will convince people to think more seriously about enacting stronger gun-control laws."


DuFresne and her family explicitly do not want the shooter to face the death penalty and support more stringent gun-control laws.
 
but the victim’s attitude — her insouciance, defiance and disdain that made the mugger’s accomplice shoot the actress, 28-year-old Nicole duFresne, once in the chest, killing her.

If I was on the jury, this statement right here would destroy this witness' credibility. Nothing made this scumbag pull the trigger, he did it of his own free will. It drives me nuts when people will not own up for their actions (I'm assuming that this statement is part of the defense attorney's plan to blame the scumbag's actions on someone else). Seems to me society would be a lot better off if we forced people to account for their actions. The victim's attitude "made" the guy shoot her no more than my guns "make" me do something wrong. We're all responsible for our decisions.
 
M O

I think comparing this gal to Rosa parks or MLK is an insult to Rosa and Martin......

You're ok though MO, most people find it hard to accept that I'm 100% correct:neener:

There is a reason I put that stuff in a PM though if the victims family came across this they would be hurt and that was not my intention, I know that wasn't your reason but that could be the end result.
 
Status
Not open for further replies.
Back
Top