Man facing murder charge after shooting a Jehovah’s Witness who then refused blood transfusion and died. What do you think of this case?
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What is not in dispute is that Quevedo shot Silva multiple times on Feb. 3, 2013, following an altercation in the street after an angry Quevedo was kicked out of a party because his favorite team — the San Francisco 49ers — lost to the Baltimore Ravens in the Super Bowl. According to police, Quevedo and Silva argued over over gang membership with Quevedo returning later in the evening to shoot Silva through the security door at his home. Silva reportedly told a Fresno police officer “Jehovah, Jehovah, I’m dying, I’m dying,” as he was taken to a hospital where he died during surgery after refusing a blood transfusion because he was a Jehovah’s Witness.http://www.rawstory.com/2015/05/fresno-man-facing-murder-charge-after-shooting-a-jehovahs-witness-who-refused-blood-transfusion/
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Answer:
Seems like a cut-and-dried case to me. Quevedo is being charged with murder, as he should be. He shot Silva, and Silva died from the gunshot. End of story. There are things in this world you can control... and things you cannot. Quevedo couldn't control whether Silva accepted a transfusion, but he could control whether or not he shot him, and ultimately, it was that choice that lead to the death. Just my two cents, of course.
Wynper at Answerbag.com Visit the source
Other answers
I think this may fall under similar reasoning as the laws about causing injury/death while committing other crimes. For example, if you rob a bank using a gun and you ACCIDENTALLY shoot someone, that's still assault, and if the person dies it's murder. I think similar logic applies here. Once you open fire upon someone with intent to perforate them with bullets, you are responsible for what subsequently happens to them. Allowing this excuse opens up a can of worms where defense lawyers could argue that slow-to-respond EMTs or incompetent trauma surgeons are actually responsible for the victim's death.
Old School - Doing daily battle with SKOS
Yes, he should face a murder charge. The victim being a JW is just one of those things that changes outcomes. But he intentionally shot somebody, and that person died as a result of those shots. Subject to proof in court, murder.
Im Alec
The article is limited in information but it seems he probably would have died even with the transfusions so yes, murder charges are appropriate.
Gingerminx
The victim was shot multiple times... obviously his intent was to kill him.
darren_j
You shoot (except self defense or accident) someone and they die it's murder.
23Skidoo
OMG ...football involved.
Wey Lay
I think she shooter still goes up for murder. The victim could have made a lot of different choices. The victim could have stood somewhere else while the shooter was firing blindly into a door. The victim could have decided to wear a bullet proof vest. The victim could have been fatter so the bullet wouldn't do as much damage. All of which, including not taking the blood transfusion, is meaningless against the fact that the shooter shot at the victim with intent to kill and succeeded.
ThatGuyTed
This stupid site won't let me edit the thing I wrote so I am trying to erase and give up. If I shoot you. I am charged with that. The PROVABLE shooting. If you die as a result of interference with regular, accepted and proved medical procedures that can save your life? You are not responsible for the death. Now, that has to be proven either way in a court of law. I would not want to be the defense attorney. Unless it can be proven that the shot guy was going to die with a certainty, the murder charge cannot be proven. The patient does not get to blame the cause of the problem and the result of the problem when he is a major factor in exacerbating the result.
TOWEL OF THE CORN
Well, first of all, I think shooting someone is definitely a crime. I think, why not charge him with murder, you shouldn't go around shooting people anyway. Of course, you know that I'm very anti-gun prejudice.
Koz & Effect
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