NC man found not guilty in Piggly Wiggly death

[Bold Lib]

Last week a jury found 28-year-old Aubrey Odum not guilty of first-degree murder by reason of self-defense.

http://www.carolinalive.com/neighborhood/story.aspx?id=626422


From the original story of the incident:

A butcher at the Piggly Wiggly in Laurinburg turned himself into police, a short time after he says he gunned down a man inside the supermarket.

Police say the man shot was the butcher's ex-girlfriend's current boyfriend.

An investigator tells NewsChannel 15 the suspect got word the man who was dating his ex-girlfriend was coming to the store to hurt him.
http://www.carolinalive.com/news/story.aspx?id=325412


Well, after all the evidence was weighed and testimony given, the jury said he was justified in the shooting. I do not understand how a person can go to someone's place of work looking for trouble like that. That was just not smart.

[Scuba]

1. Piggly Wiggly was killed?

[Bold Lib]

3. If you bother to read the article you will not have to ask such inane questions.

[elocs]

5. Oh No! First James Arness dies, now Piggly Wiggly?

Another icon of my youth bites the dust.

[slackmaster]

2. Bad boyfriend

I hope the butcher's ex-GF finds someone better.

[petronius]

4. It seems to me that, even barring the chance that the intended victim might arm himself

with a firearm, going to mess with a butcher at his workplace is a really really bad idea...

[ileus]

6. redneck tattooed freaks know no bounds.

Now I may be wrong but I doubt it....I can imagine the type of person he was dealing with.

[PavePusher]

7. Wow, almost complete lack of any detail.

Journalistic fail.

[exboyfil]

8. What overt act of aggression

did the guy who got shot do? It says it talked about him wanting to hurt the butcher, but did he have a weapon and show it in a menancing fashion? Can't really tell from the story. I would think the guy shot had a right to be on Piggly Wiggly premises, and, if so, mere words do not constitute an immediate threat especially if those words are hearsay (not heard by the shooter). The story really lacks in detail. Was the man shot told to leave the premises? Was any effort made in advance to involve the police?

[ileus]

9. I suppose the jury knew all the detail necessary...

[spin]

11. Well they probably know a lot more than we do. (n/t)

[benEzra]

10. Here is a synopsis of NC self-defense law...

which is what the jury would have been looking at. This is from the state-approved curriculum used by NC CCW training classes (Steve Johnson, Concealed Carry Handgun Training, North Carolina Justice Academy, 1995), pp. 3-4.

(1) Justified Self-Defense

A citizen is legally justified in using deadly force against another if and only if:

(a) The citizen actually believes deadly force is necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, AND

(b) The facts and circumstances prompting that belief would cause a person of ordinary firmness to believe deadly force WAS necessary to prevent an imminent threat of death, great bodily harm, or sexual assault, AND

(c) The citizen using deadly force was not an instigator or aggressor who voluntarily provoked, entered, or continued the conflict leading to deadly force, AND

(d) Force used was not excessive -- greater than reasonably needed to overcome the threat posed by a hostile aggressor.

(Emphasis added.) Note that all four conditions must generally be met in order for a shooting to be ruled justifiable. Apparently the jury felt the incident met these criteria.

[melm00se]

12. News report from the time:

http://www.wral.com/news/local/story/5587448/

Laurinburg, N.C. — A butcher at a local Piggly Wiggly supermarket on Thursday shot and killed a man who was dating his ex-girlfriend, police said.

<snip>

McLean (added: the deceased) went to the back of the store to confront Odum over something, and an altercation ensued, Young said.

<snip>

Blackwell, who didn't go inside the store, had tipped Odum off that McLean planned to confront him at the store, Young said, so Odum armed himself with a small-caliber handgun.

<snip>

Odum shot McLean three times, including once in the back

================================================================================

the following facts:

1) the acquitted armed himself with advance knowledge of the impending confrontation
2) there was at least 1 shot in the back

probably led to the 1st degree murder charge.