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  • crazy!! check this out.

    http://www.foxnews.com/story/0,2933,294086,00.html

    PHILADELPHIA — A Philadelphia policeman shot while on duty four decades ago died of his injuries this week, raising the possibility of a homicide charge against a man who already served a prison sentence for the shooting, authorities said.

    Walter T. Barclay, a rookie officer, was gunned down Nov. 27, 1966, while trying to stop the burglary of a beauty shop in the city's East Oak Lane section. Barclay, who was left a paraplegic, died Sunday at age 64.

    William J. Barnes, now 71, was sentenced to a 10- to 20-year term in the shooting.

    Chief Inspector of Detectives Joseph Fox said Tuesday that the Bucks County coroner had ruled Barclay's death a homicide stemming from complications from the shooting. Police are talking with prosecutors to decide whether Barnes should now be charged with murder in the case, he said.

    The District Attorney's Office issued a short statement Tuesday, saying only, "We intend to review all of the evidence before making a decision in this case." Prosecutors would not elaborate.

    Lawyers asked about the case said prosecutors would be on solid legal ground to charge Barnes, but that proving the case would be challenging.

    "Complications from a shooting 30 or 40 years ago don't take 30 or 40 years to surface," said Jeffrey Lindy, a former federal prosecutor now working as a defense lawyer. "A medical expert could say it could be from this or it could be from that."
    not too long after...

    http://cbs3.com/topstories/local_story_233185654.html

    PHILADELPHIA A murder charge was filed against a 71-year-old man who shot and wounded a Philadelphia Police Officer more than 40 years ago.

    71-year-old William Barnes, who has spent nearly half of his life in prison, was charged Monday morning, two weeks after the death of former Officer Walter T. Barclay. Barclay, 64, passed away August 19 at a Bucks County nursing home from an infection.

    "When you set in motion a chain of events, a perpetrator of a crime is responsible for every single thing that flows from that chain of events, now matter how distant, so long as we can prove the chain is unbroken," said District Attorney Lynne Abraham during a Tuesday morning news conference.

    In 1966, rookie officer Walter Barclay, then 23, was shot multiple times while responding to the report of a robbery in the 6600 block of North 5th Street. The rookie officer was left a paraplegic and forced to retire.

    Williams Barnes was convicted in the shooting and served a 15-year sentence for attempted murder.

    Barnes, who had been living in a halfway house and working in a supermarket, was taken into custody Monday and will face a new trial, this time for murder.

    “The medical examiner determined that the death was a result of complications stemming from his being shot and then their subsequent ruling is that the death is a homicide,” said Chief Inspector Joseph Fox.
    discuss.

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  • #2
    Re: crazy!! check this out.

    I think it should go down as a murder charge, but not to the top degree. I mean, my gf's aunt was hit by a drunk driver and to this day (5 years later) she has lost her job, can't drive, and now has an even harder time finding another job. She was paralyzed and eventually couldn't perform her duties at her job. So her whole life is turned upside down because of one incident. This guy lived after the shooting, but was never the same. I guess it all depends on what he passed away from.
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    • #3
      Re: crazy!! check this out.

      That is BS. Its called double jeopardy, and he will not get a large prison sentence. He served his time, so I highly doubt that he will be back in jail for long, unless the courts and prosecutors find a way to screw this guy out of the rest of his life after time served.
      1995 Pontiac Firebird
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      • #4
        Re: crazy!! check this out.

        dosnt matter how long since the crime, hes lucky hes been out of prison at all. hes had his break, he needs life now. he might be a changed man blah blah blah who knows. the point is, he ruined a mans life. while hes ourt of prison living his life, that man was still with out of a job crippled at home. and then the effects of it shortened his life by a lot.

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        • #5
          Re: crazy!! check this out.

          Originally posted by Mogobs30th
          That is BS. Its called double jeopardy, and he will not get a large prison sentence. He served his time, so I highly doubt that he will be back in jail for long, unless the courts and prosecutors find a way to screw this guy out of the rest of his life after time served.
          its not double jeopardy though. hes not being tried for shooting him. this time its for killing him. this is crazy, i dont even know what i would want to happen...he payed his time in my opinion. 15 years is a long *** time. and the guy is 71, come on....he'll die in prison if he goes back. i think its insane.

          1999 Firebird Y87/W68

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          • #6
            Re: crazy!! check this out.

            Originally posted by 99BlackW68
            its not double jeopardy though. hes not being tried for shooting him. this time its for killing him. this is crazy, i dont even know what i would want to happen...he payed his time in my opinion. 15 years is a long *** time. and the guy is 71, come on....he'll die in prison if he goes back. i think its insane.
            mmm... i gotta agree with mogobs on this one. i think it'd be double jeopardy. I mean come on. he's already been charged, conviced, sentenced and served time for shooting the guy. How can you charge him again for the same act?

            i never understood why we take double jeopardy so narrowly. this is the 5th amendment word for word:

            Amendment V

            No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

            i guess lawyers justify this crap nowadays with the fact that they're not jeopardizing "life or limb" which is bullsith because the whole idea of the thing is that you cant be charged twice for one offense!

            I've said it before and i'll say it agian. The writers of the constitution based their wording on a society that took the whole idea in mind, and that benevolent and intelligent leaders would uphold thier ideal of a society of, for and by the people. I'll bet if they knew back then that every single loophole that they'd left open would be exploited to its absolute maximum by the GOVERNMENT against the PEOPLE, they'd be spinning in thier graves like a slot machine. I swear, with lawyers its give an inch, take a mile. Every time. and the only way to change it is a long, drawn out and especially expensive trip to the supreme court where (iirc) each side has only a half hour to state their case. The court system here in america has grown so much from a simple jury of your peers. There are so many loopholes and delays and general bs its sickening. my heart goes out to all of you involved with the courts. Even simple traffic tickets can become a huge freakin' ordeal. Absolutely unbelievable and inexcusable.

            BESIDES! why make a 70 year old man go to prison! what the hell is he gonna do? The idea behind prison is rehabilitation away from the public. why put another burden on the taxpayers because of a technicality? is the family going for revenge? seriously.. wtf?!
            2000 3.8L Camaro A4 Pewter Y87<br />K&N Filter, SLP Ram Air kit, Eibach Pro Kit, Flowmaster 80 series, Silverstars, NGK plugs and MSD Super Conductor Wires, Electric Water Pump

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            • #7
              Re: crazy!! check this out.

              Originally posted by 99BlackW68
              its not double jeopardy though. hes not being tried for shooting him. this time its for killing him. this is crazy, i dont even know what i would want to happen...he payed his time in my opinion. 15 years is a long *** time. and the guy is 71, come on....he'll die in prison if he goes back. i think its insane.
              i'm gonna quote you again... just to play devils advocate.

              if i jack you in the face giving you a black eye one night at the bar because you were hitting on my girlfriend, and then after i was almost done with my assault and battery sentence you died from a pink eye infection... well how can i be charged for that? people DIE! its life! full freakin' circle! you're born, you eat, sleep, crap and screw... then you die. it's ludacris that they can say one incident almost 40 years ago killed the guy.

              ok, so the guy was a paraplegic right? so if he somehow was in his wheelchair and started rolling down a hill and hit a lamppost at the end and died, well then isnt that a direct result of his inability to walk? well then he killed him right? no way it could've been an accident or coinicidence. no way it could've been negligence on the part of the person pushing him around. no, its the guys fault who shot him 40 years ago! Absolutely absurd.
              2000 3.8L Camaro A4 Pewter Y87<br />K&N Filter, SLP Ram Air kit, Eibach Pro Kit, Flowmaster 80 series, Silverstars, NGK plugs and MSD Super Conductor Wires, Electric Water Pump

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              • #8
                Re: crazy!! check this out.

                i dont think he should or will go back to jail.

                but i dont care. he's still scum for shooting a cop and more or less wrecking the mans entire life from that moment up until his final breath. i dont care how long ago it happened. scum is scum. the man could never walk another day for the rest of his life or enjoy it like the rest of us do.

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                • #9
                  Re: crazy!! check this out.

                  Originally posted by Camaro Dom
                  i'm gonna quote you again... just to play devils advocate.

                  if i jack you in the face giving you a black eye one night at the bar because you were hitting on my girlfriend, and then after i was almost done with my assault and battery sentence you died from a pink eye infection... well how can i be charged for that? people DIE! its life! full freakin' circle! you're born, you eat, sleep, crap and screw... then you die. it's ludacris that they can say one incident almost 40 years ago killed the guy.

                  ok, so the guy was a paraplegic right? so if he somehow was in his wheelchair and started rolling down a hill and hit a lamppost at the end and died, well then isnt that a direct result of his inability to walk? well then he killed him right? no way it could've been an accident or coinicidence. no way it could've been negligence on the part of the person pushing him around. no, its the guys fault who shot him 40 years ago! Absolutely absurd.
                  its a big deal because the infections have been a problem for the guy since he was shot, and ultimately the infections are what killed him. im not saying dude should be held fully responsible, but had he not shot the guy he would have lived a longer life without the complications that he did with infections.

                  current car- 95 Trans am- bolt ons, parked and collecting dust. why? because **** it

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                  • #10
                    Re: crazy!! check this out.

                    lol your pulling up my local news. the scary thing is, when this story first broke (8/20) people where just like "wow that is so stupid." "what a way for the city to waste money"

                    now

                    no one cares.
                    WAWA-A-HOLIC

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                    • #11
                      Re: crazy!! check this out.

                      I dont think that is considered double jepordy because its not the same crime...one would be prolly assault with a weapon, and attempted murder...and now hes being charged with murder. I dont think he will go back to jail...nor should he...He was sentenced at the time according to the severity of his actions (remember you dont know the whole story of what happned...your just getting pieces now) He served that time and now hes out (may not deserve to be out, but hes out) 40 years later you cant go and say that hey it was this guys fault he died, thats ludacris...I can see that maybe being true within a confined time frame, such as maybe a year or even as long as the cop was in critical condition...If your boss at work stresses you out, and you have a heart attack because of stress down the road...can your boss get charged with murder, because he caused you stress, which in turn shortened your life....

                      2002 SOM Z28 Camaro - 12.9 @ 104 mph
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                      • #12
                        Re: crazy!! check this out.

                        Originally posted by LETZRIDE
                        If your boss at work stresses you out, and you have a heart attack because of stress down the road...can your boss get charged with murder, because he caused you stress, which in turn shortened your life....
                        perfect example.
                        2000 3.8L Camaro A4 Pewter Y87<br />K&N Filter, SLP Ram Air kit, Eibach Pro Kit, Flowmaster 80 series, Silverstars, NGK plugs and MSD Super Conductor Wires, Electric Water Pump

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                        • #13
                          Re: crazy!! check this out.

                          How can it be double jeopardy??? He was tried and convicted of assualt... but never accused of murder to any degree and therefore he can be tried for that.

                          stress and murder are two different things... stress cannot be trigured to one person. If your boss jumped from under your desk and screamed causing a heart attack then it can. Stress is a result of multiple things. This man was shot... and later died. If I shot your friend and he stayed in the hospital on life support for a year and then passed away... would it be fair that my trial was over with before he died and I only got attempted manslaughter???
                          Last edited by josh98bird; 09-06-2007, 11:49 AM.
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                          • #14
                            Re: crazy!! check this out.

                            Originally posted by vanbibber
                            its a big deal because the infections have been a problem for the guy since he was shot, and ultimately the infections are what killed him. im not saying dude should be held fully responsible, but had he not shot the guy he would have lived a longer life without the complications that he did with infections.
                            if the guy died from infections, that couldnt bee controlled after 40 years, shouldnt we be going after the doctors?

                            and i agree.. this appears to be double jeopardy. He was already tried, convicted, sentenced, and served his time for an incident. He would be tried again for the same incident. it doesn't matter if they didnt try him for a certain charge at the time...

                            What if someone said, "hey, i'm going to try you for this crime, then as soon as you get out of jail, i'm goin to try you for the same crime, but under a different law and put you away again". This is exactly why they even have double jeopardy.

                            In my opinion, its a rogue coroner that classified this as a homicide. He's the one that should be getting all the press...
                            Phill<br /><br />95 camaro... need money for turbo project... <br />94 S10 Blazer - winter beater - infinity system to be installed soon<br /><br />\"The man who says it cant be done should not interrupt the man doing it...\"

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                            • #15
                              Re: crazy!! check this out.

                              its not double jeopardy to take him to court over the same incident, its taking him to court over the same crime. Murder, manslaughter, assualt, are all different crimes.
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