Man fatally shoots another over a drone

[Starz]

Since there was no threat

In reading the link provided, this may not be 100% correct.
Part of Mr.Powell’s statement reads:
the victim”turned toward him with one hand on the drone and one hand in his
pocket.”
With that statement in mind, he may(if not already)make an attempt at a self defense course of action.
Very sad course of events to say the least.
Since we(in this forum)don’t have any real connection to the victim’s family, any support that can be of benefit to them should be directed towards the Go Fund Me
method. Every little bit will help this family.

 

[anotherlab]

In reading the link provided, this may not be 100% correct.
Part of Mr.Powell’s statement reads:
the victim”turned toward him with one hand on the drone and one hand in his
pocket.”
With that statement in mind, he may(if not already)make an attempt at a self defense course of action.

The problem that Powell would have with that argument is that he had approached the victim while he (Powell) was holding a handgun. It was a confrontation instigated by Powell.

From the reported coverage, the police have his surveillance video footage. The confrontation is not on the video, he can be heard racking the slide of the gun and arguing with the victim.

 

[BigAl07]

The dude had a handgun with a taclight.
This guy was a ticking time bomb!!
.........

What the WHAT?

In what universe does having a handgun with a tactical light on it make you a ticking timebomb? Please elaborate because that rationale is painting with an insanely wide brush to say the least.

 

[Starz]

Holding a hand gun is not illegal.
Having a confrontation isn’t illegal.

Escalating a confrontation to the extent that someone dies is most likely going to be decided by a jury. The investigation will determine if something illegal took place.

 

[MARK (LI)]

I just wonder why Powell thought that it was necessary to be armed to go and look for his drone...that behavior does make him seem a bit off.

 

[BigAl07]

I just wonder why Powell thought that it was necessary to be armed to go and look for his drone...that behavior does make him seem a bit off.

Some of us are always "packing" though. Doesn't matter if I'm driving to the golf range, going to get groceries, going to the Dr's office, I'm most likely packing.

 

[anotherlab]

Some of us are always "packing" though. Doesn't matter if I'm driving to the golf range, going to get groceries, going to the Dr's office, I'm most likely packing.

There is a difference in intent between carrying a firearm and going out with it unholstered and in your hand with a round in the chamber. In any case, it's a moot point. Powell could have used a knife or thrown a rock. It doesn't matter how he killed the victim, he killed him.

We don't know what we don't know. Like his mental state. Or if the victim was also carrying a weapon. What we do know is that Ogden police had enough of a reason to charge him with murder and six counts of discharge of a firearm with serious bodily injuries, all first-degree felonies in the state of Utah.

My guess and it's only a guess, if the victim had been armed, Powell would not have been charged with murder and he would not have been held without bail. IANAL, but to be held without bail in Utah is not typical. That can happen if you are charged with aggravated murder or charged with a lesser felony and are considered a flight risk or a danger to the community. In Utah, aggravated murder is a capital offense, but is probably not what he was charged with. So I would bet on being a danger to the community as the reason for the judge to hold Powell without bail.

I think the next step will be a preliminary hearing and the judge will determine if there is probable cause a crime was committed and the defendant committed that crime. At that point, the defendant can enter a plea and then he'll be bound over for a trial. If the victim had been carrying a weapon, that could (IANAL) be made public then.

 

[shb]

I always take my gun when I go looking for my drone. Right!

 

[Dustydoug]

Holding a hand gun is not illegal.
Having a confrontation isn’t illegal.

I think that depends on who you are and where you live. Different states have different laws regarding guns especially in public. I also have to believe that most states have prohibitions on felons possessing and therefore holding a gun.

 

[Torque]

What the WHAT?

In what universe does having a handgun with a tactical light on it make you a ticking timebomb? Please elaborate because that rationale is painting with an insanely wide brush to say the least.

When you have a handgun with a tac light at the ready when flying your drone in your own neighborhood, there is a problem.

 

[anotherlab]

Holding a hand gun is not illegal.
Having a confrontation isn’t illegal.

Escalating a confrontation to the extent that someone dies is most likely going to be decided by a jury. The investigation will determine if something illegal took place.

That is not correct in the state of Utah. Open and concealed carry is legal in all 50 states, with local carveouts for locations, felons, etc. In this situation, Powell can be heard racking the slide of his gun as he approaches the victim. That is typically called "brandishing" and is not legal in many or most jurisdictions.

In Utah, this is illegal under 76-10-S506, "Threatening with or using dangerous weapon in fight or quarrel."

 

[shb]

So if the police find someone walking away with stolen property, they can't shoot him, but a civilian can?

 

[rjwmorrell]

The problem that Powell would have with that argument is that he had approached the victim while he (Powell) was holding a handgun. It was a confrontation instigated by Powell.

From the reported coverage, the police have his surveillance video footage. The confrontation is not on the video, he can be heard racking the slide of the gun and arguing with the victim.

A case on Canada wad sent back to trial again after an acquittal and subsequent appeal by the prosecution. Similar, but not involving a drone. And the victim was quite apparently in the process of stealing from and or damaging thr accused's car in his driveway. But, the accused brought his loaded shotgun with him to confront the victim, then claimed he thought the victim had a knife. Shot him deaf. No knife. Over a property crime. He may be found not guilty again, but after the appeal courts ruling that seems less likely. We don't have a stand your ground or castle doctrine in Canada, and generally when you leave your home to confront someone while armed you may harm your self-defence argument here.

Obviously Utah law could be way different, but I wouldn't be surprised if a court wasn't persuaded by the hand in the pocket evidence as being a threat.

 

[MS Coast]

So if the police find someone walking away with stolen property, they can't shoot him, but a civilian can?

No.

 

[Torque]

Again, I'll recap what my cousin Wayne said regarding this case (Wayne is a police Sergeant in Ogden):
There have been reported issues with this drone pilot "harassing" neighbors.
Audio from security cams shows no break in the argument, indicating that nobody tried to flee - they both stood their ground.
The shooter's story changes a bit, first the victim ran, then he put his hand in his pocket, then he started approaching the shooter.
Utah has Stand Your Ground Law. The shooter tried to make it look like he was under threat.
Biggest clue: shooter is being held without bail.

 

[anotherlab]

A case on Canada wad sent back to trial again after an acquittal and subsequent appeal by the prosecution. Similar, but not involving a drone. And the victim was quite apparently in the process of stealing from and or damaging thr accused's car in his driveway. But, the accused brought his loaded shotgun with him to confront the victim, then claimed he thought the victim had a knife. Shot him deaf. No knife. Over a property crime. He may be found not guilty again, but after the appeal courts ruling that seems less likely. We don't have a stand your ground or castle doctrine in Canada, and generally when you leave your home to confront someone while armed you may harm your self-defence argument here.

Obviously Utah law could be way different, but I wouldn't be surprised if a court wasn't persuaded by the hand in the pocket evidence as being a threat.

Was that Khill trial? It took two more trials, but he was convicted of manslaughter and was sentenced to 8 years in prison.

 

[Torque]

A bit related, another young man empowered by a gun. 30 year old correction officer and his wife are in front of their home on a rural road, trying to help deer cross the road by slowing traffic. 22 year old with handgun with either tac light or laser mounted on it shoots the 30 year old as he approaches the car waving for him to slow down. For clarity, I'm a strong supporter of our 2nd amendment, have owned firearms since I was 12...

Snohomish County homicide victim was trying to help deer cross road at time of shooting

The suspect said he was frightened when he saw the victim approaching his car, so he fired his weapon to scare the victim away.

www.king5.com

 

[rjwmorrell]

Was that Khill trial? It took two more trials, but he was convicted of manslaughter and was sentenced to 8 years in prison.

Yes, I had forgotten the retrial already happened and he was sentenced this past June.

 

[GFields]

It is time to close this one. The thread had gone way off course and was argumentative. Several posts have had to be removed.

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