Should a women receive jail time if she shot a homeless man that asked him to move his car and then left without calling the police?

[Adaeva]

One year unsupervised probation

https://dailynewsplanet.com/2022/11/porsche-owner-shoots-homeless-man-who-asked-her-to-move-her-car/?utm_source=rm&utm_medium=email&utm_campaign=em

[abc3643]

1. I think you have your pronouns a tad askew, so I will update your question based on the link:

Q: Should a woman receive jail time if she shot a homeless man that asked her to move her car and then left without calling the police?

2. This is a difficult question to answer because, in this and other news articles, they do not detail the exact nature of the victim's injuries. However, she allegedly did leave the scene of the crime (*) and that should be a misdemeanor if not a felony.

The prosecutor did not charge her with that. From the article:

"She was arrested and charged with aggravated assault using a deadly weapon and first-degree attempted murder. During her trial in April, a jury decided that she was only guilty of a misdemeanor charge of reckless endangerment because she claimed she was threatened by Melton and shot him in self-defense."

This is sort of a "he said, she said", but his injuries will reveal more truth of the matter. If he was shot in the back, then she was not being threatened which warranted the shooting.

But, again, IF she genuinely left the scene, that should have at least been a misdemeanor, but no charge was issued.

Anyway, there was a jury and they did have all the evidence presented at trial and what they decided with the judge is what they decided. That's how the justice system works and I cannot consider myself and my opinion superior to theirs in this case.

That said, my instinct is that she should have gotten 1 to 5 years in prison. I base this on earlier threatening behavior and eye witness testimony as described in the article below. Furthermore, she has been a threat to society. She's a dangerous "Karen With A Gun" and, ultimately, she should be removed from society. Her repeated actions illustrate a fundamental mental problem that no amount of soul-searching is going to correct.

===========

(*) From this article:

TITLE: Why Katie Quackenbush will not serve jail time for shooting man experiencing homelessness
Rachel Wegner
Nashville Tennessean

https://www.tennessean.com/story/news/crime/2022/11/03/katie-quackenbush-sentenced-nashville-shooting-homeless-man-2017/9743299002/

In particular, these excerpts:

"Melton later testified that Quackenbush asked him if he "wanted to die tonight.”

Melton said he was walking away from Quackenbush’s vehicle when she drew a gun from her purse, exited the SUV and fired two shots. Quackenbush then drove with a passenger to a Taco Bell before returning home.

Neither Quackenbush nor her passenger initially reported the shooting, police said. Instead, a person who found Melton called for help.

Melton, who was 54 at the time, survived but underwent at least three surgeries due to his injuries."

"A judge sentenced her to 11 months and 29 days of probation Thursday morning, ending the controversial yearslong case."

"Quackenbush spoke about her desire to be there for her four young children, whom she feared would be split up if she went to jail because they all have different fathers.

She told the judge she made amends with a woman she threatened in 2013."

"Quackenbush was arrested after the shooting and later indicted on charges of attempted first-degree murder and aggravated assault with a deadly weapon.

Her lawyer, Peter J. Strianse, argued Quackenbush was afraid of Melton and was trying to scare him away. She was ultimately convicted of the lesser charge of reckless endangerment after a two-day trial in April." [*]

"During the sentencing hearing, Assistant District Attorney Amy Hunter emphasized the facts of the case and the seriousness of the shooting, despite the absence of a weapons charge in Quackenbush's convicted offense.

"She used that weapon to shoot an unarmed man who had only used words against her," Hunter said.

Hunter also asked Dalton to consider the severity of Melton's injuries and Quackenbush's reaction to their argument.

"The only thing unusual in this situation was her behavior and how the defendant reacted in this particular situation to the words that Mr. Melton was saying," Hunter said. "We heard from an eyewitness who was feet away from the defendant when this happened who said that she was not frightened by Mr. Melton; that she didn't take his words seriously; that the only the person who was dangerous in this situation was the defendant."

Hunter also pointed to Quackenbush's previous testimony in which she admitted to making threats via text messages and emails when she was upset with others. In one incident, Quackenbush admitted to threatening to harm an infant with a brick. Deputy District Attorney Roger Moore later added that Quackenbush also poured water on a woman in a restaurant and made other threats, including one against her mother."

=========

[*] Perfect example of "If you have the money, you can buy better justice." A poor Black woman who did what she did would not have been able to hire such a competent lawyer and she'd be in prison for life for attempted murder.

[abc3643]

This pisses me off:

"Quackenbush spoke about her desire to be there for her four young children, whom she feared would be split up if she went to jail because they all have different fathers."

She's 32 and has 4 kids from 4 different fathers. Let's face it - if we didn't already know she was White, just reading that, many of us would assume that she's an irresponsible Black "baby mama" welfare recipient.

[Adaeva]

Outstanding reply because 1. a pronoun was incorrect. 2. Pointing out we don't know the extent of the injuries and if he was shot in the back. And, 3. The link to "Why Katie Quackenbush will not serve jail time..."

[Adaeva]

I don't know if the following are factors in determining guilt and sentencing. However, it seems to me that they should be:

Hunter also pointed to Quackenbush's previous testimony in which she admitted to making threats via text messages and emails when she was upset with others. In one incident, Quackenbush admitted to threatening to harm an infant with a brick. Deputy District Attorney Roger Moore later added that Quackenbush also poured water on a woman in a restaurant and made other threats, including one against her mother.

[abc3643]

Well, that is a good question.
I am not a lawyer, but, generally, prior acts are not brought into a case.
The defendant is only tried on the facts ("merits") of the case at hand.

Prior behavior (which may only be hearsay) might be used in sentencing for instance if a pattern of behavior represents a continued threat to society. That's why I opted for 1-to-5 years.
Judges often have leeway in this, but they may be constrained by law in their jurisdiction.
For instance, some jurisdictions have "Three Strikes" laws in which, upon a third conviction, that's it - no parole.
https://en.wikipedia.org/wiki/Three-strikes_law

Anyway, she definitely has anger management issues and was probably spoiled growing up.
Her father is a lawyer and that helped her in this case. Someone with anger management issues and a concealed carry license are a disaster waiting to happen.

[abc3643]

Consider bookmarking these:

lawtutors.net/.../

https://thelawdictionary.org/

[KostasKouvalis]

I don't think so. People have had enough of homelesses. They suddenly think PUBLIC spaces are their own private property simply because they decided to set up camp there. One of my professors said she took her class to the town square near the college and they were approached by an aggressive homeless who told them to get out of their area. I don't think they should be living on the streets in the first place, but if they're gonna do that, they have absolutely no right to prevent others from utilizing public spaces however they choose.

Maybe she thought he was going to get a weapon, so she shot him. Whatever. Obviously I'm gonna support the hot girl over the homeless who is breaking the law.

I know you're legally supposed to report yourself, but honestly, that's just stupid.

I think one year probation is good. Honestly, I think the judge and jury went easy on her, because it's a Red state and Conservatives are frankly sick and tired of these homelesses taking over their towns and basically doing whatever the hell they want. This is the government's fault for not rounding these people up. Hopefully this will send a message.

This isn't the first time something like this has happened in Tennessee. One time a guy ran an ANTIFA over who was blocking the road and the judge let him go for lack of evidence. People in Tennessee don't put up with this bullshit.

He should go be a homeless somewhere else. He should be grateful he got shot. He'll get a free bed, food, roof and hot nurses for a few days.

[Adaeva]

I don't agree with your opinion on the case. However, you point out relevant facts that should be considered and you make excellent arguments to support your conclusion.

[KostasKouvalis]

Thanks for the MHO, even though you didn't entirely agree with me

[bolverk]

Quackenbush’s should have faced a trial for Attempted Murder not "reckless endangerment" as the homeless guy was walking away from her when she shot him twice in the back, but the Jury for some reason of its own decided that she was only guilty of a misdemeanour charge of reckless endangerment because she claimed she was threatened by Melton and shot him in self-defence.
Quackenbush’s claimed that "she thought she had pointed the gun away from him, but he kept coming toward her, prompting her to fire the second round at him." If that was the case the wounds would have been to the front of his body.
Quackenbush’s had a history of threatening people, and that she had once threatened to hit a baby with a brick.

[exitseven]

No, who did this guy think he is? Anyone that drives a Porches or BMW or Mercedes is above the law. The homeless guy was at fault

[Adaeva]

That is not far from the truth.

[exitseven]

I am being sarcastic

[Adaeva]

With me, what is written is most important. That is because I can read the words but I cannot read a persons mind.

[exitseven]

sorry kid.

[Snakeyes7]

One year of unsupervised probation? How on Earth did she get off so easy on an attempted murder charge?

[cloud9vortex1234]

What's else happened for her just to get slap on the wrist? She probably had a good reason to shoot him.

[gorydetails]

She sounds like a loose cannon.

[worldscolide]

Prison time for sure. Attempted murder

[DWornock]

Jail time would be proper.

[PointTaken]

I think she should.

[boggboss]

Clearly she should