REVISITING: Teenager shot-Trial result in deliberation now

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Message 957211 - Posted: 18 Dec 2009, 20:16:54 UTC

The presentation of the cases wrapped up Thursday and the jury is in deliberation right now on this previously-discussed case:

http://setiathome.berkeley.edu/forum_thread.php?id=54565

I have a close friend on the jury and will pass along any information she can legally give me.


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Message 957286 - Posted: 19 Dec 2009, 0:13:51 UTC

As of 7pm, the jury is in a deadlock


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Message 957290 - Posted: 19 Dec 2009, 0:36:47 UTC - in response to Message 957286.  
Last modified: 19 Dec 2009, 0:46:26 UTC

As of 7pm, the jury is in a deadlock

Why am I not surprised?


Once your friend is dismissed she is free to say anything, assuming she wants to.

[edit]Actually I'm not sure you should even know what trial she is on. In some places telling you could be enough to get her kicked off.
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Message 957300 - Posted: 19 Dec 2009, 1:27:54 UTC

Announced at 8pm EST...

Shooter is acquitted


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Message 957349 - Posted: 19 Dec 2009, 7:09:49 UTC - in response to Message 957300.  

Announced at 8pm EST...

Shooter is acquitted

I wonder if we will hear from the people here who had him hung before the trial?

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Message 957400 - Posted: 19 Dec 2009, 15:04:55 UTC - in response to Message 957349.  

Announced at 8pm EST...

Shooter is acquitted

I wonder if we will hear from the people here who had him hung before the trial?


A lynch mob doesn't hang around after the lynching.
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Message 957447 - Posted: 19 Dec 2009, 21:39:02 UTC - in response to Message 957400.  

Announced at 8pm EST...

Shooter is acquitted

I wonder if we will hear from the people here who had him hung before the trial?


A lynch mob doesn't hang around after the lynching.


What's to be said?
A man heard a noise outside on another person's property.
Instead of phoning the police when he saw what was going on, he armed himself and went after the kids stealing crap out of a car.

One kid was shot in the back and died at the scene.
Seems that the kid was a defensive back in football and felt more comfortable running at the shooter backwards, or he was a student of ballet and was running at the shooter while doing piroets.(not sure of this spelling)

If you are all pleased to live in a country where stealing crap from a car is a capital offense, who am I to say anything?

There's no justice like street justice. Think of the money your state will save in legal expenses.

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I fight them because they are fascists.
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Message 957451 - Posted: 19 Dec 2009, 21:53:19 UTC - in response to Message 957447.  
Last modified: 19 Dec 2009, 22:01:38 UTC


...

One kid was shot in the back and died at the scene.
Seems that the kid was a defensive back in football and felt more comfortable running at the shooter backwards, or he was a student of ballet and was running at the shooter while doing piroets.(not sure of this spelling)

...


LOL - good one Robert.

BTW - it's Pirouette (took Ballet as a kid)

Don't want to hear any Gay comments guys; still got the M82 :-)
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Message 957454 - Posted: 19 Dec 2009, 22:43:00 UTC

Thank you Niko
I knew it was wrong but was too lazy to look it up.

In any case, the kid wasn't armed and he didn't receive his due process that, by the way, is a constitutional right.
No right wingers who support, enjoy and get all Chuck Norris tingley over the killing of this kid ever mention that small point.
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Message 957461 - Posted: 20 Dec 2009, 0:21:05 UTC - in response to Message 957454.  

In any case, the kid wasn't armed and he didn't receive his due process that, by the way, is a constitutional right.

He waived that right. He waived that when he committed the second and separate crime of putting Mr. Scott in mortal fear for his life. Doesn't matter if he had a weapon or not. That is what the jury found.

I know you think there is a magic weapon like a phaser set to stun that a police officer can use to make every one stop without hurting them so the police have time to go in, sort it out, and cuff the bad guys, but that is fiction.

I notice that RCMP sent some 2000 officers across the border to a funeral. Good that Canada can spare 2000 cops for a day. Wish we could. On this side of the border we don't have enough cops to slow down crime at all. So we allow citizens arrest to save some government money. When there aren't enough cops you get reality like Eula Love.

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Message 957477 - Posted: 20 Dec 2009, 2:33:08 UTC

Acquittal doesn't mean innocent. It only means that the prosecution failed to reach their burden of beyond a reasonable doubt. The defendant may have a future civil trial in store for him where the burden of proof is lower.
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Message 957487 - Posted: 20 Dec 2009, 3:37:09 UTC
Last modified: 20 Dec 2009, 3:39:06 UTC

Clarification: "shot in the back" is wrong...he was not shot in the back. He was shot once in the hand and once in the armpit.

We were in the neighborhood for dinner at Suz's sister's house tonight and I went down to his home (3 doors down) as he was out shoveling his walk. I told him congratulations.


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Message 957575 - Posted: 20 Dec 2009, 17:59:39 UTC - in response to Message 957487.  
Last modified: 20 Dec 2009, 18:00:55 UTC

Clarification: "shot in the back" is wrong...he was not shot in the back. He was shot once in the hand and once in the armpit.

We were in the neighborhood for dinner at Suz's sister's house tonight and I went down to his home (3 doors down) as he was out shoveling his walk. I told him congratulations.


Hi Blurf, I missed this story on TV. We didn't get a lot of Buffalo news in Thunder Bay (we do here in Burlington).

The news article said:

"The prosecution had said that whether Cervini may have been running at Scott still was not just cause for use of deadly force and that medical testimony had shown Cervini was shot in the back. Was the medical testimony proven false?"

Also from another article http://www.examiner.com/a-2380194~NY_man_acquitted_of_manslaughter_in_teen_shooting.html:

"The 42-year-old Scott, who has a legal permit for his .40-caliber pistol, said he didn't intend to kill Cervini."

I'm not taking any sides here but it's hard NOT to kill someone who is shot with a .40-caliber twice. A .22 or .25 maybe - a .40 is a very deadly caliber. I own a .45 and would never use it for home defense. In Canada the laws are quite different about the use of deadly force - you're expected to run for your life out the back door than to get the 'ol 1911A out of the gun vault, if someone breaks into your house...

Take care
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Message 957580 - Posted: 20 Dec 2009, 18:18:02 UTC - in response to Message 957575.  
Last modified: 20 Dec 2009, 18:18:23 UTC

Clarification: "shot in the back" is wrong...he was not shot in the back. He was shot once in the hand and once in the armpit.

We were in the neighborhood for dinner at Suz's sister's house tonight and I went down to his home (3 doors down) as he was out shoveling his walk. I told him congratulations.


Hi Blurf, I missed this story on TV. We didn't get a lot of Buffalo news in Thunder Bay (we do here in Burlington).

The news article said:

"The prosecution had said that whether Cervini may have been running at Scott still was not just cause for use of deadly force and that medical testimony had shown Cervini was shot in the back. Was the medical testimony proven false?"

Also from another article http://www.examiner.com/a-2380194~NY_man_acquitted_of_manslaughter_in_teen_shooting.html:

"The 42-year-old Scott, who has a legal permit for his .40-caliber pistol, said he didn't intend to kill Cervini."

I'm not taking any sides here but it's hard NOT to kill someone who is shot with a .40-caliber twice. A .22 or .25 maybe - a .40 is a very deadly caliber. I own a .45 and would never use it for home defense. In Canada the laws are quite different about the use of deadly force - you're expected to run for your life out the back door than to get the 'ol 1911A out of the gun vault, if someone breaks into your house...

Take care

In Canada you don't have the Right to protect family and property? My dad was robbed at gunpoint and a few months later he died. I wish I had been there and could have executed my right on them.
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Message 957581 - Posted: 20 Dec 2009, 18:21:59 UTC - in response to Message 957575.  

Clarification: "shot in the back" is wrong...he was not shot in the back. He was shot once in the hand and once in the armpit.

We were in the neighborhood for dinner at Suz's sister's house tonight and I went down to his home (3 doors down) as he was out shoveling his walk. I told him congratulations.


Hi Blurf, I missed this story on TV. We didn't get a lot of Buffalo news in Thunder Bay (we do here in Burlington).

The news article said:

"The prosecution had said that whether Cervini may have been running at Scott still was not just cause for use of deadly force and that medical testimony had shown Cervini was shot in the back. Was the medical testimony proven false?"


http://www.democratandchronicle.com/article/20091218/NEWS01/912180345/Jurors-in-Scott-trial-announce-deadlock&referrer=NEWSFRONTCAROUSEL
Cervini was shot twice: once on the extreme right side of his back, next to his armpit, and once by a gunshot that went through his left hand, chest and arm.


Sounds like the classic trick of a prosecutor out to taint the jury pool by labeling someone a back shooter when they weren't. He was shot in the side, not the back.

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Message 957583 - Posted: 20 Dec 2009, 18:31:13 UTC - in response to Message 957580.  
Last modified: 20 Dec 2009, 19:14:33 UTC



Hi Blurf, I missed this story on TV. We didn't get a lot of Buffalo news in Thunder Bay (we do here in Burlington).

The news article said:

"The prosecution had said that whether Cervini may have been running at Scott still was not just cause for use of deadly force and that medical testimony had shown Cervini was shot in the back. Was the medical testimony proven false?"

Also from another article http://www.examiner.com/a-2380194~NY_man_acquitted_of_manslaughter_in_teen_shooting.html:

"The 42-year-old Scott, who has a legal permit for his .40-caliber pistol, said he didn't intend to kill Cervini."

I'm not taking any sides here but it's hard NOT to kill someone who is shot with a .40-caliber twice. A .22 or .25 maybe - a .40 is a very deadly caliber. I own a .45 and would never use it for home defense. In Canada the laws are quite different about the use of deadly force - you're expected to run for your life out the back door than to get the 'ol 1911A out of the gun vault, if someone breaks into your house...

Take care

In Canada you don't have the Right to protect family and property? My dad was robbed at gunpoint and a few months later he died. I wish I had been there and could have executed my right on them.


Well, if you own a handgun in Ontario, it must be locked up in safe-storage with a trigger lock and no bullets in it.

If a thief breaks into your house, it's unlikely you have the time to get to it, unlock it and load it, hence you try to call the police and get out of the house ASAP. If I owned a car and a guy was stealing it, I'd let the insurance worry about it - I'm not going to shoot someone over a car. I would call the Police.

In Canada, you can defend yourself in your home, but you better make sure that if you use deadly force you have the money to hire a good lawyer unless you have a credible witness to corroborate your story.

I have a friend in Akron, NY who sleeps with a loaded .45 in the night table by the bed. Do this in Canada and you're in more trouble than the thief...
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Message 957584 - Posted: 20 Dec 2009, 18:37:51 UTC - in response to Message 957583.  

I agree I would not even come out of the house if someone is messing with my car and for that the guy that killed the other guy I feel is wrong.
But as for the experts here that are so convinced it wasn't in the back or was...What a JOKE, no one will ever know as I am sure there is not a one of you here that was there or saw the body and the experts that did aren't sure...

"There's no question that Greece teenager Christopher D. Cervini was killed by a gunshot that entered the extreme right side of his back next to his armpit and traveled though his chest until it exited near his left collar bone, a forensic pathologist testified Monday.




The bullet passed through Cervini's right lung and trachea before it severed an artery that branches off from the aorta, causing Cervini to lose more than a liter of blood internally and succumb within minutes, said Dr. Scott LaPoint, deputy medical examiner of Monroe County.

But questions LaPoint couldn't answer are expected to become the key issues for state Supreme Court jurors to consider in the trial of Roderick A. Scott, who is charged with first-degree manslaughter in Cervini's death April 4.

Although LaPoint testified that the 17-year-old Cervini was also hit by a "largely inconsequential," nonfatal bullet that passed through his left hand, chest and left arm, he couldn't say which of the two bullets was fired first.

Nor could LaPoint say with certainty whether Cervini was shot while he was standing still or running at Scott, or how close Cervini was to Scott when Scott fired.

With no way to answer those questions, lawyers for the prosecution and defense are expected to argue that the evidence favors their points of view.

As LaPoint narrated photos showing how one bullet caused six entrance and exit wounds in Cervini's left hand, chest and arm, Assistant District Attorney Julie Finocchio speculated whether Cervini could have been hit first by the fatal shot next to his armpit while standing still and reacted by spinning with his left hand up toward the exit wound in his left chest, just in time to get hit by the nonfatal shot.

"It was a possibility," LaPoint said.

But defense lawyer John R. Parrinello asked if it's just as likely that Cervini was hit first by the nonfatal shot while running at Scott. Parrinello has argued that the bullet's impact spun Cervini to his left before the fatal shot hit him next to the right armpit.

LaPoint replied that he had no way to know which shot was fired first or how it was inflicted."
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Message 957675 - Posted: 21 Dec 2009, 0:40:36 UTC - in response to Message 957580.  


In Canada you don't have the Right to protect family and property?


Yes, you have the right to protect your family and property in Canada.

If you are going to escalate a case of petty thievery to the extent that deadly force is used as the solution, I like to think that the shooter would do some serious time in prison.

This guy shot a kid down in the street in a situation that did not involve his own property or any danger to his family. I'm sure the guy with a dead kid in his front yard would probably agree to swap the CD's and loose change being rummaged through if it would reverse the series of events.
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Message 957700 - Posted: 21 Dec 2009, 2:35:59 UTC - in response to Message 957675.  

This guy shot a kid down in the street in a situation that did not involve his own property or any danger to his family.


Apparently in your rush to judgment you missed it was his car in his driveway.

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Message 957717 - Posted: 21 Dec 2009, 4:06:54 UTC - in response to Message 957700.  
Last modified: 21 Dec 2009, 4:34:40 UTC

This guy shot a kid down in the street in a situation that did not involve his own property or any danger to his family.


Apparently in your rush to judgment you missed it was his car in his driveway.


Gary:

From Buffalo WBEN news site:

Scott observed Cervini and two other teens breaking into cars on his street in Greece.

From Rochester WHEC news site:

The shooting happened early Saturday morning. Police say Scott confronted Cervini and two other teenagers after he saw them breaking into a neighbor's truck. Police say they were doing that throughout the neighborhood.

From the Examiner news site:

He says he confronted three teens in a neighbor's driveway, ordered them to freeze and fired twice in self-defense when 17-year-old Christopher Cervini ran at him in a threatening manner.

I looked at 4 different reports on 4 different news sites and none state that it was his vehicle! It's not Robert's fault that the reporters didn't state that it was his vehicle?

Maybe this should have been reported by the CBC or BBC. :-)

Actually, if you have a link to a complete news report that does state the proper facts, I would be most grateful if you post it.
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Message boards : Politics : REVISITING: Teenager shot-Trial result in deliberation now


 
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