'When has it ever become legal to shoot someone because they’re pulling off in your car?'
By Katherine Rosenberg-Douglas
Chicago Tribune
June 15, 2018
Janique Walker knows the cost of a split second.
Her younger brother, 17-year-old Charles Macklin, was killed while trying to steal a Jeep from a Chicago fire lieutenant on the West Side last August. The lieutenant had left the Jeep running, and Macklin jumped behind the wheel.
The lieutenant ran in front of the Jeep and shouted, “Get out,” according to a police report. When Macklin began pulling away, the lieutenant drew his gun and fired through the open driver’s side window, hitting the teen in the chest.
Macklin’s last words were, “Sorry, bro,” according to the police report. The teen died on the pavement. He did not have a gun on him.
The lieutenant had a concealed carry license. He was not charged and he was not disciplined by the department, according to spokesman Larry Langford.
“That was investigated by us, and we found no violation of any rules,” Langford said. “The police didn’t arrest, the state’s attorney found no reason to charge. There was no wrongdoing as far as the Fire Department is concerned.”
Walker, 20, has organized protests, started a Facebook page and launched a hashtag on Twitter. She says she hasn’t given up hope of getting justice for her brother.
She believes her brother was found guilty by one man with a gun. Walker said her brother should be alive to stand before a judge and take responsibility for his actions.
“When has it ever become legal to shoot someone because they’re pulling off in your car?” she asked. “Even if (Macklin) did that, if he did steal the car. You’ve got insurance — let him go to jail. I would’ve rather had to get a call to go bail him out of jail than to get a phone call that he’s dead.”
Walker organized a protest where her brother was killed. As they marched, she said she was approached by more than one person who said they witnessed the shooting. One woman said she saw Macklin lying on the pavement, struggling to breathe.
“She’s traumatized about it,” Walker said. “I get that. I couldn’t imagine watching a little boy dying in front of me either.”
Several instructors contacted by the Tribune said they emphasize in their courses that guns should only be used when a life, not property, is at stake.
David Lombardo, a concealed carry instructor who said he has trained more than 7,000 people to get state licenses, said he would let an armed carjacker take his car.
“You want my car? You can have it and I’ll hand over a (credit) card for gas, too," he said. "I’m not going to defend a car with a gun, that’s what insurance is for. I’ll get a better one.”
According to a police report, the Jeep was parked on the right side of the street and the teen was turning left to pull away from the curb when he was shot. "Vehicle starts to move forward. (The firefighter) moves to the left and draws his concealed firearm and fires one shot through the driver’s window.”
Anthony Guglielmi, chief spokesman for the Chicago Police Department, did not return calls seeking comment on the case.
Lt. Matthew Boerwinkle, a spokesman for the Illinois state police, said it would not be appropriate for his agency to comment, even though it oversees the issuance of concealed carry permits. He responded with a copy of the Illinois’ “use of force” statute, which says a person is justified in using force to defend his life or the life of another if they reasonably fear similar force against them is imminent.
EDITOR’S NOTE: It probably goes back to the cattle rustling days, but you can protect your property in Texas with deadly force if necessary.
2 comments:
So he left his vehicle running, unoccupied and unlocked? That is a criminal offense in some states. I think if a civil case is filed, the firefighter may incur some liability.
Even in CA that MAY have been legal, depending on the exact situation. While in CA it is not USUALLY legal to use deadly force to defend property you can sometimes-often use deadly force to defend against ROBBERY or CARJACKING. It would sort of depend on how close to the car the shooter was, to enable him to say that the vehicle was in his possession (obviously not) or immediate control (possible). The exact dividing line is often fuzzy, and sometimes depends on the skin color of the shooter, the skin color of the shootee, and the county in which in incident occurs.
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