Open carry killed with own gun killer gets 40 years

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DA 20

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RICHMOND -- An 18-year-old man was sentenced this week to 40 years in prison for murdering two men in separate shootings in South Richmond, including one victim who was shot with his own gun after it was snatched from his holster.

Toby Smith Jr. pleaded guilty in June to two counts of first-degree murder in the killings of Blaine Tyler, who was fatally shot with his own gun in a gas station, and Pierre Walter “Pete” Cosby, who was shot less than seven hours later with the same weapon.

http://www.timesdispatch.com/news/l...cle_5971f160-05d5-11e3-b11c-0019bb30f31a.html
 

dx3

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RICHMOND -- An 18-year-old man was sentenced this week to 40 years in prison for murdering two men in separate shootings in South Richmond, including one victim who was shot with his own gun after it was snatched from his holster.

Toby Smith Jr. pleaded guilty in June to two counts of first-degree murder in the killings of Blaine Tyler, who was fatally shot with his own gun in a gas station, and Pierre Walter “Pete” Cosby, who was shot less than seven hours later with the same weapon.

http://www.timesdispatch.com/news/local/crime/year-old-gets-years-for-two-s-richmond-murders/article_5971f160-05d5-11e3-b11c-0019bb30f31a.html

40 years for killing 2 innocent civilians. That's complete crap. Should have been at least 40 years for each killing. Hell, life with no parole sounds even better.
 

criticalbass

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Much cheaper to lock him up and toss the key. I have no moral objections to the death penalty, but it is ultra slow, and very expensive. Families wait years for closure which sometimes never comes.

But, so far the real message of this thread hasn't been addressed.

Open carry inherently has the risk that this, or something similar, can happen.

If one chooses to open carry, one should be certain that the weapon is difficult for someone else to snatch out of the holster. There are numerous high retention options available. I would be unwilling to open carry without one.

Open carry is our right, but with rights come responsibilities. Chief among these is the ability to retain the weapon.

I don't open carry for a variety of reasons, but that decision is a personal one and not something we need to argue about here.

The Richmond case should be a warning to all of us.
 

Thorgrim

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BUT>>>BUT>>>>BUT we were assured by okie bryan this would never happen

It's unfortunate; but sometimes these things happen. I'm sure there have been police officers and ccw permit holder that have been killed with their own weapon.

I lived in Arizona for a few years, open carry wasn't a big problem when I lived there. I wouldn't open carry without some retention though.

40 years is a joke for the crime of murder.
 

Glocktogo

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I've expressed my approval for the legal option to open carry, that I would rarely ever do it and would use a retention holster if I did. If you're going to do it, use appropriate equipment and as always, situational awareness. I'd recommend taking a class on weapon retention as well.
 

jakeman

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If you want to you can, but you shouldn't, open carry without some sort of retention.

No way is 50 - 10, concurrent, an appropriate sentence in that case. No way in hell. Two people's lives ended because of this scum bag. Death would have been very appropriate, but failing that, 2 life without the possibility of parole sentences would have been acceptable. This guy is 18, if he serves all of it, which he won't, this guy is going to be turned loose on society again. Really? He stole a gun, killed the owner, and then used that gun to kill another person just a few hours later. Nobody sees an issue here? That's just nuts.

You commit a felony with a gun, you should never again see the light of day. No room at the inn, turn a few non violent guys loose, so we have room for scum like this. No way this guy should ever be turned loose on the public at large again.
 

tRidiot

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This is the first time I have heard of something like this happening. It is very sad, but is by no means a common enough occurrence to say (as I am sure many politicians will) that OC should be banned. Same rule applies to anything that could be used as a weapon... belt knife, automobile, even a pair of keys. Sadness for the victims, shame that our courts don't have the balls to punish appropriately, but definitely a lesson to be learned for those of us still around.

Be safe, be responsible, be aware.
 

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