three hours after a break-in; quarter mile away

[Jumping Frog]

For all we know, he was aiming to perform a citizens' arrest but was attacked and legitimately had to shoot in order to defend himself - but we'll never know.

Which gets back to the point that failing to call 911 and report the shooting is not the best avenue to having someone believe your self defense story.

[Zergrush]

You sound like you know a lot about the shooting

What do you know that the judge doesn't and what's your source?

"If he intended to commit a felony, he wouldn't have called 911," when he encountered Rzechula, McKeeman said.

(McKeeman is the judge who presided over the trial.)

[hpcatx]

If you find him/her, you can put them under citizen's arrest and wait for the LEO's. You better not do serious bodily damage unless they are trying to hurt you.

For all we know, he was aiming to perform a citizens' arrest but was attacked and legitimately had to shoot in order to defend himself - but we'll never know.

What are the laws surrounding this type of action? I was told that you couldn't pull a gun to keep BG there until the LEOs arrived -- unless, of course, the situation warranted deadly force anyway (which wouldn't be the case if you are recovering property after-the-fact). Can anyone shed some light on this? Not looking for a thorough lawyer's interpretation, just a layman's understanding.

[Jumping Frog]

You sound like you know a lot about the shooting

What do you know that the judge doesn't and what's your source?

"If he intended to commit a felony, he wouldn't have called 911," when he encountered Rzechula, McKeeman said.

(McKeeman is the judge who presided over the trial.)

He called in the burglary to 911 before he went out looking for the guy.

I read the judge's comment as saying if he had set out from his house with the intention of finding the guy and shooting him down, he would not have called 911 first. The judge was addressing the issue of premeditation.

However, it is obvious that he didn't call 911 after the shooting and report it, like a law-abiding citizen engaged in legitimate self defense is expected to do. If he had stayed on the scene and called it in, then it would not have taken two days to discover a body:

Earhart shot Ryan Rzechula in the back on Nov. 16, 2009. Earhart, 39, encountered Rzechula about three hours after a break-in at his Arlington house, a quarter-mile away. Earhart had gone looking for the burglar and his wife's missing jewelry. He suspected that Rzechula, 25, was responsible for the break-in and called 911.

Prosecutors alleged that Earhart shot the unarmed man as he was running away, ignoring Earhart's commands to stop. Rzechula died in a creek bed. His body was discovered two days later. Detectives found jewelry in his pocket that was stolen from Earhart's house.

[boba]

If cops showed up when the victim called 911 and they looked for the burglar maybe they would have found him sooner. Maybe even found him alive.