A man with a CHL shoots and kills a would-be robber. The DA opts not indict him because he feels it's a justifiable homicide. Should the family of the deceased have the ability to peruse a civil case against the CHL holder?
I'm curious how, even if it was a justifiable homicide, how is it that the DA & not a jury gets to decide that. manslaughter, justifiable homicides and self - defense killings - how do they not go to a jury?
The DA can decide whether or not to send it to a grand jury.
I thought was based on amount of evidence. this sounds like the DA is judge and/or jury.
I wonder if the dead guy's family could sue the DA for not going to jury bec they believed (and say there is evidence) that it wasn't a justifiable shooting.
He should be able to sue- and lose.
No. There's absolutely no case there. The assailant attempted an act of aggression and was stopped in the process. That's pretty open and shut.
But they do sue... And they'll find a lawyer crazy enough to go after a man who was protecting his life and property.
I'm aware that they do. That doesn't change the fact that they shouldn't.
But he was a good boy. He was turning his life around. He got a job, and was going to church and school! You had no reason to kill that boy! Regardless of him being in your home, and stealing your property. It wasn't him! He was forced to do it! lol
Haha, I'm sure...
I don't know the answer to this question: Do civil suits go through any sort of vetting process? Like how all criminal cases go to a grand jury before trial?
I believe they do. But just because the person was killed during a criminal act or injured during the criminal act doesn't seem to phase judges.