Defensive Gun Use? Paradise Park shooting (Read 687 times)

zippz

Defensive Gun Use? Paradise Park shooting
« on: April 21, 2024, 10:04:36 PM »
This is a potential self-defense shooting on the Big Island where a person visited a residence and threatened and assaulted people with a knife and broken bottle.  The resident responded by shooting him and was arrested for attempted murder.

Light on the details but what seems like self-defense is the owner wasn't a prohibited person by court records, wasn't charged with the usual firearms offenses, it was his residence, and witnesses say the "victim" assaulted people.

https://www.khon2.com/hawaii-crime/keaau-man-charged-for-attempted-murder-at-hawaiian-paradise-park/

Flapp_Jackson

Re: Defensive Gun Use? Paradise Park shooting
« Reply #1 on: April 21, 2024, 10:08:47 PM »
Quote
On Sunday, Big Island Prosecutors and detectives with the Area I Criminal Investigation
Section discussed the case before charging Trubachev with second-degree attempted
murder and carrying or use of a firearm in the commission of a separate felony.

The obvious question to me is;  What's the "separate felony?" 

Drug deal?

Chicken fighting?

Failure to treat his attacker with the Aloha Spirit?

 O0
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

zippz

Re: Defensive Gun Use? Paradise Park shooting
« Reply #2 on: April 21, 2024, 10:11:55 PM »
The obvious question to me is;  What's the "separate felony?" 

Drug deal?

Chicken fighting?

Failure to treat his attacker with the Aloha Spirit?

 O0

It's for shooting a firearm during an attempted murder.  It's tacked on whenever a firearm is used in a felony.

HRS 134-21

https://casetext.com/statute/hawaii-revised-statutes/division-1-government/title-10-public-safety-and-internal-security/chapter-134-firearms-ammunition-and-dangerous-weapons/part-i-general-regulations/section-134-21-carrying-or-use-of-firearm-in-the-commission-of-a-separate-felony-penalty

Flapp_Jackson

Re: Defensive Gun Use? Paradise Park shooting
« Reply #3 on: April 21, 2024, 10:16:24 PM »
It's for shooting a firearm during an attempted murder.  It's tacked on whenever a firearm is used in a felony.

HRS 134-21

https://casetext.com/statute/hawaii-revised-statutes/division-1-government/title-10-public-safety-and-internal-security/chapter-134-firearms-ammunition-and-dangerous-weapons/part-i-general-regulations/section-134-21-carrying-or-use-of-firearm-in-the-commission-of-a-separate-felony-penalty

The use of the gun WAS the attempted murder if I'm reading the story right.  Those are not separate felonies -- they are the same event.

Doesn't make sense to me.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

zippz

Re: Defensive Gun Use? Paradise Park shooting
« Reply #4 on: April 21, 2024, 10:24:03 PM »
It's always been done that way.  For murders, robbery, etc.

This is for the Aiea shooting this year, which may have also been a possible self-defense at their residence when an "acquaintances" visited the home.  Though not sure how he got hit with a place to keep charge.  And he got hit with a $2 million bail, hard to pay for the $200,000 bail bond without insurance.  And using a public defender.

Flapp_Jackson

Re: Defensive Gun Use? Paradise Park shooting
« Reply #5 on: April 21, 2024, 10:36:00 PM »
It's always been done that way.  For murders, robbery, etc.

This is for the Aiea shooting this year, which may have also been a possible self-defense at their residence when an "acquaintances" visited the home.  Though not sure how he got hit with a place to keep charge.  And he got hit with a $2 million bail, hard to pay for the $200,000 bail bond without insurance.  And using a public defender.



Different acts and circumstances.
Quote
Rodurigues allegedy shot Owens on a residential street in Aiea March 13.

Witnesses told police Owens went to Rodrigues’ house to collect a debt.

The two began to argue which ended with the alleged shooting death of Owens.
https://www.khon2.com/local-news/man-indicted-for-fatal-aiea-shooting/

I can see how they want to charge the carry/use of a firearm as an enhancement to any felony, such as armed robbery with a baseball bat vs. armed robbery with a gun.  But to classify the murder by firearm as a separate crime is poor wording.  Should be in conjunction with a felony, not commission of a separate felony.

Lawyers writing bad laws.

I see in the court case info you posted the charge in question says "UNKNOWN OFFENSE HRS 134-21...".  That seems kind of fishy, too.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

zippz

Re: Defensive Gun Use? Paradise Park shooting
« Reply #6 on: April 26, 2024, 10:58:39 AM »
More info on the shooting.  Hope they release the video

According to court records, the victim is a family friend who came to Trubachev’s home and allegedly threatened his mother.

Police said the home’s surveillance camera then captured video of Trubachev firing a gun at him.

Flapp_Jackson

Re: Defensive Gun Use? Paradise Park shooting
« Reply #7 on: April 26, 2024, 02:13:39 PM »
More info on the shooting.  Hope they release the video

According to court records, the victim is a family friend who came to Trubachev’s home and allegedly threatened his mother.

Police said the home’s surveillance camera then captured video of Trubachev firing a gun at him.

Those "details" aren't enough to paint a full picture for me.

Like you said, the video may fill in some holes.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall