On November 25, a little after 5 p.m., four people attempted to break into a home at 2771 Gresham Road of Dekalb County, Georgia.
According to police, there were several people inside the home. At lest one of them responded to the break-in with gunfire. When the police arrived, they found Taneaious McCune, 18 with a gunshot wound which, despite the efforts of first responders and hospital staff, was fatal. Jaxqueze Greier 23 suffered a gunshot wound and was critically injured, but survived. A 15 year old boy, found at the scene, was also critically injured but is recovering at the hospital. Telvin Thomas 30, arrived at the hospital later and was linked to the incident. His gunshot wound was not life threatening.
Associated Press reported there were at least four people inside the home, and says only one suspect exchanged gunfire with one person inside the home. From AP:
Police say at least four people were inside the home at the time of the break-in. One of the suspects and a man exchanged gunfire. Officials say the shooting appears to be justified and no charges are expected.
WSBTV 2 in Atlanta goes into more detail. From wsbtv.com:
Officers found Jacqueze Grier, 23, Taneaious McCune, 18, and a 15-year-old outside the home with gunshot wounds. A fourth person, 30-year-old Telvin Thomas, also was shot. Police said the four of them tried to break into a home. The suspects and one of the men inside the home exchanged gunfire.
Police said no charges are expected against the homeowner. Grier, Thomas and the 15-year-old faces felony murder charges in McCune’s death.
The WSBTV article specifically says the homeowner will not be charged. It is likely the homeowner was the person who fought back against the home invasion.
No makes, models or calibers of the firearms used are mentioned.
The felony murder charges against the three survivors are reasonable under the laws of most states. From justia.com
The felony murder rule is a rule that allows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.
In this article previously published on Ammoland in 2018, there were four states which did not have the felony murder rule. They were: Hawaii, Delaware, Kentucky, and Michigan.
©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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