Cheerleader trespasses onto property.....cheerleader gets shot by property owner

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Two400

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#1 Two400
Member since 2006 • 2787 Posts

A pretty blonde high school cheerleader, Rachel Barezinsky, is crippled for life. Allen S. Davis, roused from an eccentric but otherwise unoffending existence, was sentenced last month to 19 years in prison for what he describes as defending his home.

A year after the shots were fired, the bizarre case has left residents around Columbus torn. While plenty of people felt Davis got what he deserved for overreacting to teenager antics, many others saw the girls as picking on Davis and facing no legal consequences for trespassing.

"I felt kind of sorry for both sides," resident Jane Leppert said as she sat outside a coffee shop near the village's brick-paved square. "Although I feel very sorry for the girl who was shot, she unfortunately messed around with a kind of paranoid individual who felt the need to protect himself, even against kids."

The story began at 10 p.m. on Aug. 22, 2006, when Barezinsky and two other girls sneaked a few feet onto Davis' property - lighting the way with their cell phones - to scare themselves because they thought the house was spooky. They jumped in the car after their friend honked.

What they thought were firecrackers as they drove off were shots from a rifle Davis, then 40, said he had purchased to scare away frequent prowlers.

When the girls returned to check out the noise, a bullet struck Barezinsky, then 17, in the shoulder and head. Her left arm and leg were paralyzed.

Davis' house sits almost obscured by brush amid the otherwise tidily groomed homes across from a cemetery. He shares the house with his mother, who has a cauldron-shaped planter in the yard that gained her a witchy reputation among kids.

A loner taunted since childhood, Davis wore ill-fitting clothes and thick glasses, his hair in a bowl cut.

Many of the case's harshest critics frequented radio talk shows, blogs and online chat rooms, where opinions can flow more freely than in this town of 13,000 where residents are likely to attend Barezinsky's church, remember Davis from the library, or live near the shooting site.

Rose Schneider, who observed the case with interest from another Columbus suburb, offered online chatter suggesting Davis' sentence was "harsh considering he was sleeping when Rachel Barezinsky and her brood broke the law by trespassing on his property in the middle of the night."

Police determined the girls were not trespassing because they had not gone far enough onto the property and no clearly visible signs had been posted.

Davis said in jailhouse interviews that he did not intend to hurt anyone. He eventually pleaded guilty to two counts of felonious assault to avoid a drawn-out probe into his personal life.

"I didn't know what their weaponry was, what their intentions were," he said from jail the week of the shooting. "In a situation like that, you assume the worst-case scenario if you're going to protect your family from a possible home invasion and murder."

After the shooting, two neighbors told police that they had seen teenagers near Davis' home before, and several others had heard his mother, Sondra, talk about harassment. Nine neighbors said they had heard firecracker-type sounds, sometimes over a period of months, but none called police.

Messages seeking comment were left with Davis' attorney, and at the homes of Barezinsky and two friends.

Worthington resident Jean Levinson, 81, said she identified with Barezinsky.

"When I was her age, we had a gang of girls just like that and we went around hitchhiking, hopping trains, riding our bikes across train bridges, all kinds of stuff like that," she said. "Most of the time, doing things that seem not logical to adults doesn't have dire consequences. I think that still holds today."

The Davis family's history with police includes an account from the 1980s of them living with the body of Allen Davis' grandmother for two days for fear the woman might wake up and be scared. The older woman had been declared mentally and physically incompetent, and neighbors occasionally heard her screaming.

Police Lt. Doug Francis said there is no record of the Davises being repeatedly harassed, but he acknowledged that the family stopped calling his department 27 years ago after losing faith in police services.

Davis' mother had once reported that a space alien sexually molested her after entering the house through the duct work, he said.

The strange tales emanating from the Davis home prompted many observers to surmise that Davis was mentally ill.

Franklin County Common Pleas Judge Julie Lynch said Davis opted against using an insanity defense and passed two mental competency examinations.

"I think those high school kids shouldn't have been on his property," Lynch said. "But in this country, life is valued over property, and if someone is fleeing your property or on your property but not threatening you, you're not allowed to just shoot them."

http://news.aol.com/story/ar/_a/spooky-house-case-splits-ohio-suburb/20070822091209990001#cmntbgn

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l0ve

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#2 l0ve
Member since 2005 • 3178 Posts
Very Serious man.
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krazykillaz

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#3 krazykillaz
Member since 2002 • 21141 Posts
The kids shouldn't have been trespassing.
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chelenitos

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#4 chelenitos
Member since 2005 • 520 Posts

The kids shouldn't have been trespassing.krazykillaz

:| :| :|

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jrhawk42

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#5 jrhawk42
Member since 2003 • 12764 Posts

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

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chelenitos

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#6 chelenitos
Member since 2005 • 520 Posts

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

jrhawk42

:| What confusion? he saw someone and shot

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muppet1010

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#7 muppet1010
Member since 2006 • 5812 Posts
there was a case similar to this in britain a few years ago... teenagers would go down to a farmhouse and harrass the farmer break farm equipment and damage his buildings.... thsi went on for months and months and eventually the farmere ended up shooting one of them in the leg. The famer was sent to jail for a long time and there were no consequences for teh teenagers invovled. Its wrong in my oppinion.
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Judza

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#8 Judza
Member since 2004 • 4637 Posts

I say, give the man a medal for standing up and defending himself from possible prowlers/burglars. Who cares if they are young girls, all the better as it shows these young *****es that they aren't invincible, and shouldn't be doing the wrong thing without fear of consequences.

What gets me, if it's common knowledge, or an accepted fact that he is weird, then why disturb him in the middle of night and not expect some drastic and rash consequences for your actions?

For the man, a medal,

For the girl who got shot...

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1ND1FF3R3NT

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#9 1ND1FF3R3NT
Member since 2006 • 3162 Posts

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

jrhawk42

It's people like you who help racism continue to exist. That was a senseless, unfounded, and irrational thing to say. Grow up.

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Sonick54

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#10 Sonick54
Member since 2005 • 7947 Posts
[QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

1ND1FF3R3NT

It's people like you who help racism continue to exist. That was a senseless, unfounded, and irrational thing to say. Grow up.

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RMage

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#11 RMage
Member since 2006 • 1176 Posts
[QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

1ND1FF3R3NT

It's people like you who help racism continue to exist. That was a senseless, unfounded, and irrational thing to say. Grow up.

HUH? He just said that if the man would have shot a black man he would have gotten a medal. Its was a contortion of how blacks are treated in America, hes not the rascist.

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Aznsilvrboy

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#12 Aznsilvrboy
Member since 2002 • 11495 Posts
Meh...I think he should have identified the trespassers before he shot...but the girls shouldn't have been on his property either.
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BlueTimber

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#13 BlueTimber
Member since 2004 • 722 Posts
Sucks on both sides, but the teens were in the wrong. Maybe the guy went a bit overboard, but he was within the law. The kids weren't. Sucks that the girl is paralyzed though. The consequence doesn't match the crime.
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muppet1010

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#14 muppet1010
Member since 2006 • 5812 Posts
[QUOTE="1ND1FF3R3NT"][QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

RMage

It's people like you who help racism continue to exist. That was a senseless, unfounded, and irrational thing to say. Grow up.

HUH? He just said that if the man would have shot a black man he would have gotten a medal. Its was a contortion of how blacks are treated in America, hes not the rascist.

its people like him who help to fuel the fire...

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Felix-Legions

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#15 Felix-Legions
Member since 2003 • 1194 Posts
Only 19 years. Wow. He should have gotten life in prison if you ask me.
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Hewkii

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#16 Hewkii
Member since 2006 • 26339 Posts

its people like him who help to fuel the fire...

muppet1010
from what I've seen, it seems favoritism of minorites encourages racism (or at least excuses of it) more then anything else.
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staindcoldlp

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#17 staindcoldlp
Member since 2004 • 15121 Posts
Both sides are equally to balme. Though I'd side with the old man in this case.
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Two400

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#18 Two400
Member since 2006 • 2787 Posts
Only 19 years. Wow. He should have gotten life in prison if you ask me.Felix-Legions
For defending his home?
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BlueTimber

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#19 BlueTimber
Member since 2004 • 722 Posts

Only 19 years. Wow. He should have gotten life in prison if you ask me.Felix-Legions

For what? He wasn't in the wrong. Just because something sucks doesn't make it illegal. He shot trespassers.

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Slepanandiaz

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#20 Slepanandiaz
Member since 2006 • 1269 Posts
[QUOTE="RMage"][QUOTE="1ND1FF3R3NT"][QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

muppet1010

It's people like you who help racism continue to exist. That was a senseless, unfounded, and irrational thing to say. Grow up.

HUH? He just said that if the man would have shot a black man he would have gotten a medal. Its was a contortion of how blacks are treated in America, hes not the rascist.

its people like him who help to fuel the fire...

No...

He was making an observation of what would have happened. He was making a comment about racism, not encouraging it.

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deactivated-583e5f64e0a7e

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#21 deactivated-583e5f64e0a7e
Member since 2003 • 8419 Posts
Did he not have a phone to call the police?
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Denjin_hadouken

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#22 Denjin_hadouken
Member since 2007 • 5927 Posts
The girl shouldn't have been trespassing.....and the old man shouldn't have gone to jail for that.
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Slepanandiaz

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#23 Slepanandiaz
Member since 2006 • 1269 Posts

A pretty blonde high school cheerleader, Rachel Barezinsky, is crippled for life. Allen S. Davis, roused from an eccentric but otherwise unoffending existence, was sentenced last month to 19 years in prison for what he describes as defending his home.

A year after the shots were fired, the bizarre case has left residents around Columbus torn. While plenty of people felt Davis got what he deserved for overreacting to teenager antics, many others saw the girls as picking on Davis and facing no legal consequences for trespassing.

"I felt kind of sorry for both sides," resident Jane Leppert said as she sat outside a coffee shop near the village's brick-paved square. "Although I feel very sorry for the girl who was shot, she unfortunately messed around with a kind of paranoid individual who felt the need to protect himself, even against kids."

The story began at 10 p.m. on Aug. 22, 2006, when Barezinsky and two other girls sneaked a few feet onto Davis' property - lighting the way with their cell phones - to scare themselves because they thought the house was spooky. They jumped in the car after their friend honked.

What they thought were firecrackers as they drove off were shots from a rifle Davis, then 40, said he had purchased to scare away frequent prowlers.

When the girls returned to check out the noise, a bullet struck Barezinsky, then 17, in the shoulder and head. Her left arm and leg were paralyzed.

Davis' house sits almost obscured by brush amid the otherwise tidily groomed homes across from a cemetery. He shares the house with his mother, who has a cauldron-shaped planter in the yard that gained her a witchy reputation among kids.

A loner taunted since childhood, Davis wore ill-fitting clothes and thick glasses, his hair in a bowl cut.

Many of the case's harshest critics frequented radio talk shows, blogs and online chat rooms, where opinions can flow more freely than in this town of 13,000 where residents are likely to attend Barezinsky's church, remember Davis from the library, or live near the shooting site.

Rose Schneider, who observed the case with interest from another Columbus suburb, offered online chatter suggesting Davis' sentence was "harsh considering he was sleeping when Rachel Barezinsky and her brood broke the law by trespassing on his property in the middle of the night."

Police determined the girls were not trespassing because they had not gone far enough onto the property and no clearly visible signs had been posted.

Davis said in jailhouse interviews that he did not intend to hurt anyone. He eventually pleaded guilty to two counts of felonious assault to avoid a drawn-out probe into his personal life.

"I didn't know what their weaponry was, what their intentions were," he said from jail the week of the shooting. "In a situation like that, you assume the worst-case scenario if you're going to protect your family from a possible home invasion and murder."

After the shooting, two neighbors told police that they had seen teenagers near Davis' home before, and several others had heard his mother, Sondra, talk about harassment. Nine neighbors said they had heard firecracker-type sounds, sometimes over a period of months, but none called police.

Messages seeking comment were left with Davis' attorney, and at the homes of Barezinsky and two friends.

Worthington resident Jean Levinson, 81, said she identified with Barezinsky.

"When I was her age, we had a gang of girls just like that and we went around hitchhiking, hopping trains, riding our bikes across train bridges, all kinds of stuff like that," she said. "Most of the time, doing things that seem not logical to adults doesn't have dire consequences. I think that still holds today."

The Davis family's history with police includes an account from the 1980s of them living with the body of Allen Davis' grandmother for two days for fear the woman might wake up and be scared. The older woman had been declared mentally and physically incompetent, and neighbors occasionally heard her screaming.

Police Lt. Doug Francis said there is no record of the Davises being repeatedly harassed, but he acknowledged that the family stopped calling his department 27 years ago after losing faith in police services.

Davis' mother had once reported that a space alien sexually molested her after entering the house through the duct work, he said.

The strange tales emanating from the Davis home prompted many observers to surmise that Davis was mentally ill.

Franklin County Common Pleas Judge Julie Lynch said Davis opted against using an insanity defense and passed two mental competency examinations.

"I think those high school kids shouldn't have been on his property," Lynch said. "But in this country, life is valued over property, and if someone is fleeing your property or on your property but not threatening you, you're not allowed to just shoot them."

http://news.aol.com/story/ar/_a/spooky-house-case-splits-ohio-suburb/20070822091209990001#cmntbgn

Two400

Don't you love the bias in this story?

Making it seem like the "pretty blond high school cheerleader" did no wrong, while Davis is a freeky, triggerhappy madman. :roll:

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firebreathing

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#24 firebreathing
Member since 2005 • 4619 Posts

Only 19 years. Wow. He should have gotten life in prison if you ask me.Felix-Legions

I think this wouldnt be an issue if the teenagers weren't retards. Seriously, "Hey, let's go wonder around this old house where a crazy guy lives late a night." Darwin award anyone???

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sca321

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#25 sca321
Member since 2003 • 1903 Posts
Don't you love the bias in this story?

Making it seem like the "pretty blond high school cheerleader" did no wrong, while Davis is a freeky, triggerhappy madman. :roll:

Slepanandiaz
That's what I was thinking. It's terrible that they're actively trying to get people to care because she's pretty. It's bad enough that it happens anyway, but to encourage it, that's even worse.
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Bourbons3

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#26 Bourbons3
Member since 2003 • 24238 Posts
Don't people even look before they shoot? I know she shouldn't have been trespassing, but come on...
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Rekunta

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#27 Rekunta
Member since 2002 • 8275 Posts

Paralyzed for life? That really, really sucks.

I hold nothing but the utmost contempt for cheerleaders in general and sometimes find wishing them ill-will, but being paralyzed on the left side for life would be unthinkable and far exceeds the arrogance, ignorance, and naivete of being young. I am sympathetic for her.

For the shooter.....well, if he has been harassed before, he has a right to defend himself as he sees fit, yes? If the cheerleaders were on his property, then that is all that matters, as is the opposite. Who can say, and who can prove either side? Given that, I tend to believe 19 years in prison is a punishment entirely based upon eyewitnesses and "He said, She said" testimony. Eyewitnesses in general are considered in court to be the least reliable evidence there is, and to base a conviction of that alone and sentence a man to 19 years is pretty harsh considering.

I don't doubt that he was the shooter. It's more about sentencing someone to that amount of prison time based on circumstantial evidence, not to mention the fact that if he was justifiably defending his person and property that would have swayed the verdict in his favor based on where the girls were at the time. Who can prove that?I am also sympathetic towards him as well.

That's how Isee itbased on the information given in the article.

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Kikouken

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#28 Kikouken
Member since 2006 • 15913 Posts

Wow.

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Veemon_X

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#29 Veemon_X
Member since 2006 • 713 Posts

Shame that happened, but she shouldn't have been snooping around on property to incite annoyance.

Also, for those of you who brought stereotyping Americans for racism in this topic, you disgust me.

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SouL-Tak3R

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#30 SouL-Tak3R
Member since 2005 • 4024 Posts

He went too far.

He deserves to be in jail.

Thats like having a Pizza guy goes to the wrong door, and bam he gets killed.

psh

Still, they take a couple steps and he shoots at them after they start to drive away, the man is crazy and shouldnt own a gun.

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spawnassasin

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#31 spawnassasin
Member since 2006 • 18702 Posts
well sucks for her but serves her right she shouldnt have been sneaking around someones house
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queenfan66

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#32 queenfan66
Member since 2006 • 2737 Posts
The kids shouldn't have been trespassing.krazykillaz
yeah, they should be arrested for tresspassing, "the kids werent going far enough on the lawn, and there were no visible signs" well, what were they trying to do? they knew they were tresspassing. she deserved it
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lugiemojeed

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#33 lugiemojeed
Member since 2004 • 8785 Posts
A lesson learned
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Slepanandiaz

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#34 Slepanandiaz
Member since 2006 • 1269 Posts

[QUOTE="krazykillaz"]The kids shouldn't have been trespassing.queenfan66
yeah, they should be arrested for tresspassing, "the kids werent going far enough on the lawn, and there were no visible signs" well, what were they trying to do? they knew they were tresspassing. she deserved it

She deserved to be paralyzed? I don't think so.

I don't agree with the way the article is written or that Davis should get 19 years in prison, but saying she should be paralyzed for going on another person's property is juts going too far.

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deactivated-622bc1476d5f5

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#35 deactivated-622bc1476d5f5
Member since 2006 • 1961 Posts

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

jrhawk42

Thats BS and you know it.

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SouL-Tak3R

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#36 SouL-Tak3R
Member since 2005 • 4024 Posts
[QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

Slice267

Thats BS and you know it.

He would probably serve longer because they would turn it into an entire racist thing.

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GamingThief

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#37 GamingThief
Member since 2007 • 652 Posts
The man shouldt of shot the girl.He could maybe of said go away or else and if they came again then call the police or hit them with his fists not a gun
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Greatgone12

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#38 Greatgone12
Member since 2005 • 25469 Posts
The teens should've been punished, but the guy shot the girl. They're all screwed.
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JLAudio7

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#39 JLAudio7
Member since 2007 • 2729 Posts
The kids shouldn't have been trespassing.krazykillaz
I agree. I don't know what the law is in Columbus but here in Texas its perfectly legal.
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JLAudio7

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#40 JLAudio7
Member since 2007 • 2729 Posts
Only 19 years. Wow. He should have gotten life in prison if you ask me.Felix-Legions
:lol: you get LIFE for killing an innocent person. Even if he did kill her (he didnt) he would not havegotten life because he is defending his property which is his right. He shot her and yes, crippled her, and for that, maybe a few months.but LIFE??? WTF are you smoking.
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deactivated-57e5de5e137a4

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#41 deactivated-57e5de5e137a4
Member since 2004 • 12929 Posts

Don't you love the bias in this story?

Making it seem like the "pretty blond high school cheerleader" did no wrong, while Davis is a freeky, triggerhappy madman. :roll:

Slepanandiaz

Haha, yea really. I noticed that too. What if it was an ugly blonde highschool dropout? Would he have still have been punished?

It sounds to me like he needs to be sent to some mental therapy community, not prison.

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deactivated-57e5de5e137a4

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#42 deactivated-57e5de5e137a4
Member since 2004 • 12929 Posts

He went too far.

He deserves to be in jail.

Thats like having a Pizza guy goes to the wrong door, and bam he gets killed.

psh

Still, they take a couple steps and he shoots at them after they start to drive away, the man is crazy and shouldnt own a gun.

SouL-Tak3R

No, that's like a pizza guy sneaking around in your back yard with a flashlight and Bam! he gets shot.

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GarchomPro

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#43 GarchomPro
Member since 2007 • 2914 Posts
Its her dam fault wtf is she doing tresspassing on a persons property? knowing he has problems? Got wat she deserved, maybe it shouldnt of been a shot to the head, but nonthe less lesson learned
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xboxdudeman800

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#44 xboxdudeman800
Member since 2005 • 3880 Posts

That is what you get when you do something you shouldn't. I have a feeling she had this a looooong time coming...

...I'll bet she was actually abad kid,I don't think she would get home from "volunteer club" and then go trespass on some guy's property.

EDIT: WTF was this chick doing out after midnight anyway? looks like her parents need to accept a little blame.

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jrhawk42

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#45 jrhawk42
Member since 2003 • 12764 Posts
[QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

chelenitos

:| What confusion? he saw someone and shot

I orginally had if he was black he probably would of got a medal. That could of lead to some confusion that if the shooter was black.

I was exaggerating about the medal, but my point is still the same he got 19 years for shooting a cheerleader not shooting a person.

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xboxdudeman800

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#46 xboxdudeman800
Member since 2005 • 3880 Posts
[QUOTE="chelenitos"][QUOTE="jrhawk42"]

had he shot a black man he probably would of got an effing medal.

edit: might of been some confusion.

jrhawk42

:| What confusion? he saw someone and shot

I orginally had if he was black he probably would of got a medal. That could of lead to some confusion that if the shooter was black.

I was exaggerating about the medal, but my point is still the same he got 19 years for shooting a cheerleader not shooting a person.

Exactly, this story is crap. All they had to do at the trial was hold up a picture of when the girl was little and they automattically win. Too many people look at this story as, "he shot a cheerleader" when they should be looking at this as, "He shot somebody who trespassed on his property after midnight."

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II-FBIsniper-II

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#47 II-FBIsniper-II
Member since 2005 • 18067 Posts

The girl is now crippled: shouldn't of happenned

The man is in jail: shouldn't of happenned

The girl is in jail: Should have happenned.

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DanC1989

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#48 DanC1989
Member since 2004 • 50952 Posts
What a waste. v_v
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GameFreak315

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#49 GameFreak315
Member since 2003 • 28485 Posts
Save the cheerleader...save the world.
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Breesy

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#50 Breesy
Member since 2006 • 1035 Posts

Why does it have to mention that its a cheerleader? Cant it just say a girl and her friend? Their looking for gender sympathy which is wrong. If it was a middle aged lady that shot a teenage boy i doubt she'd be going to jail for as long as this dude. She could just say she was scared for her life and thought she would get raped.

But stillcant just shoot them when they are leaving...