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Posted: 4/17/2006 7:46:30 AM EST
Commonwealth’s Attorney Suzanne “Suni” Perka says the Virginia State Police did not pressure her in any way to seek an involuntary manslaughter indictment against David Ellis Ferrebee for the Feb. 18 accidental shooting death of Trooper Kevin Manion.
Perka says she believes the law is clear and that Ferrebee should be charged with murder, and a jury or judge should decide the issue.
Ferrebee, 58, of Charles Town, W.Va., was indicted last week by the Clarke County Grand Jury on the five felony charges of involuntary manslaughter, felony murder, theft of a firearm, breaking and entering, and possession of a firearm after being convicted as a felon.
Ferrebee was also indicted for the two misdemeanor charges of driving under the influence and driving with a suspended license on Feb. 18.
Police testified recently that Ferrebee stole a rifle from a friend’s house and was found later that day by the river on Frog Town Road with a companion, drunk and having wrecked his pickup truck. When state police had the truck towed away, the rifle accidentally discharged and killed the trooper who was standing by the road.
“If someone dies during the course of your felonious conduct, then you may be charged and convicted of felony murder,” Perka said Friday.
“He (Ferrebee) had stolen a firearm, which had not yet been recovered, and he was not supposed to have the gun because he was a convicted felon,” Perka said.
“And somebody died,” she said.

the whole article

Link Posted: 4/17/2006 8:15:39 AM EST
Hmmmm.
Link Posted: 4/17/2006 8:19:51 AM EST
Drunk, felon, stolen guns, wrecked vehicle, dead Trooper, someone will be along to defend him.
Link Posted: 4/17/2006 8:26:37 AM EST
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.
Link Posted: 4/17/2006 8:29:31 AM EST

Originally Posted By Alien:
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.



I'm just basing this on what I've read of Nebraska's laws, but at least here felony murder would be a tough sell. The only thing he did that would have been eligible for Murder 1 would be in the commision of a burglary, and I'm not sure if driving around drunk later in the day could be argued as still in the act.
Link Posted: 4/17/2006 8:43:58 AM EST
I have no problem with the additional charge.

Link Posted: 4/17/2006 8:53:28 AM EST
[Last Edit: 4/17/2006 8:55:14 AM EST by jrzy]

Originally Posted By Alien:
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.



This is guy is a POS for sure but I have a problem with the felony murder charge.
The rifle discharged after the vech was being towed, that means the vech was in police custody when the rifle discharged.
Unless the guy set it as a trap how is he responsible for the troopers death?

There was a case a few years ago where a cop shot his partner in the station by accident while unloading the armed robbers gun, should the armed robber be charged with the second cops death?


The crime was over when the guy was taken into custody and the vech impounded.

No way this guys gets convicted in the death, he's going for the full ride on everything else though, rightfully so too.
Link Posted: 4/17/2006 9:11:57 AM EST
Come on guys... I'm as pro leo as you can get but this doesn't pass the sniff test.

That drunk comitted no overt act to further killing that trooper, God wanted a good man home and took him. WE have an inhearently dangerous job, coupled with that is the fact that bad shit really does happen to good people sometimes.


PLEASE do not misunderstand my position here, the guy sounds like a real work of art, and the

POS has finally found himself in more hot water that he can tread. With his criminal history and all

the other pending charges, he's gone for a while at least , and I'm thankful. But If you could ask

this Trooper who was responsible for his death, I wonder what he'd say ?

Just my opnion.

SWAT OUT.
Link Posted: 4/17/2006 9:18:32 AM EST

Originally Posted By jrzy:

Originally Posted By Alien:
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.



This is guy is a POS for sure but I have a problem with the felony murder charge.
The rifle discharged after the vech was being towed, that means the vech was in police custody when the rifle discharged.
Unless the guy set it as a trap how is he responsible for the troopers death? The reasoning is if the guy hadn't been committing DUI the trooper wouldn't have been dealing with him. Also the guy was a convicted felon, so if he had been obeying the law there wouldn't have been any firearm in his posession to be discharged in the first place.

There was a case a few years ago where a cop shot his partner in the station by accident while unloading the armed robbers gun, should the armed robber be charged with the second cops death?
Good point...


The crime was over when the guy was taken into custody and the vech impounded.The DUI was, but what about the firearms violation?

No way this guys gets convicted in the death, he's going for the full ride on everything else though, rightfully so too. You're probably right.....but it probably helps ensure that he gats the max on all the other charges.

Link Posted: 4/17/2006 9:26:49 AM EST

Originally Posted By trippletap:

Originally Posted By jrzy:

Originally Posted By Alien:
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.



This is guy is a POS for sure but I have a problem with the felony murder charge.
The rifle discharged after the vech was being towed, that means the vech was in police custody when the rifle discharged.
Unless the guy set it as a trap how is he responsible for the troopers death? The reasoning is if the guy hadn't been committing DUI the trooper wouldn't have been dealing with him. Also the guy was a convicted felon, so if he had been obeying the law there wouldn't have been any firearm in his posession to be discharged in the first place.

There was a case a few years ago where a cop shot his partner in the station by accident while unloading the armed robbers gun, should the armed robber be charged with the second cops death?
Good point...


The crime was over when the guy was taken into custody and the vech impounded.The DUI was, but what about the firearms violation?

No way this guys gets convicted in the death, he's going for the full ride on everything else though, rightfully so too. You're probably right.....but it probably helps ensure that he gats the max on all the other charges.




Thats enough to put him away for life, case closed on sorry POS
Link Posted: 4/17/2006 9:29:48 AM EST

Originally Posted By Bama-Shooter:
Drunk, felon, stolen guns, wrecked vehicle, dead Trooper, someone will be MUSTalong to defend him.



Don't forget that RIGHT to counsel attaches to everyone - guilty or not.
Link Posted: 4/17/2006 9:30:17 AM EST
[Last Edit: 4/17/2006 9:33:27 AM EST by John_Wayne777]

Originally Posted By SgtSwat:
Just my opnion.
SWAT OUT.



It seems to me that the logic being used here is a chain of events, meaning that the suspect performed several deliberate actions which formed a chain of events ultimately ending in the death of the State Trooper. If this guy had been following the law, then the Trooper would still be alive, etc.

Given his criminal history, there is a good chance a jury will convict on that basis.

Dunno whether it will stand up to appeal or not.

To me, the charges sound reasonable and logical.

Now if this had been a law-abiding citizen who had been in an accident of no fault of their own and a legally concealed weapon had gone off, it would be a different story. But as the story stands right now, one really can argue that the suspects illegal conduct lead to the death of the State Trooper in question.

Link Posted: 4/17/2006 9:39:14 AM EST
I could definitely see this being tried as negligent homicide, but certainly not intentional.

-James
Link Posted: 4/17/2006 11:15:29 AM EST
here is the other half of the article for those that didn't check the link:

" “I love the public policy of the felony murder doctrine because when you engage in extremely dangerous conduct and somebody dies, you can be tagged with that death,” Perka said.
The prosecutor successfully sought the murder indictments against Ferrebee from the Grand Jury last Tuesday. The case may be set for trial when Ferrebee is scheduled to appear in Circuit Court April 17.
“I’ve received no pressure from the state police whatsoever,” Perka said. “None.”
She thinks not to prosecute Ferrebee for murder of the trooper would be wrong. “Not to do it would be to ignore it,” she said.
The county prosecutor cited a similar case from two years ago. Then she successfully sought a conviction against defendant Barbie Corbin for felony murder and distribution of cocaine and oxycotin, a powerful painkiller drug.
Corbin, who is now serving time in the penitentiary, had sold drugs to a woman at a party in Shenandoah Farms, according to Perka. The woman died of an overdose. Perka described the victim as a “drug addict.”
Perka convinced a Clarke jury that the death was Corbin’s fault and that Corbin should be punished for felony murder.
“You distribute a bunch of drugs to people and someone overdoses, wouldn’t you think twice to distribute drugs if ... you’re going to get tagged with felony murder,” Perka said.
“And drugs and firearms are all dangerous ... in the hands of someone who shouldn’t have them,” Perka said.”
“If somebody dies as the result of someone’s felonious behavior, and I think I can prove it, then I’m going to go for it.”
It does not matter if the person who died is a state trooper or a drug addict, Perka said.
“We care about people and human lives,” she said. "
Link Posted: 4/17/2006 11:18:12 AM EST
[Last Edit: 4/17/2006 11:18:55 AM EST by Tim84K10]

Originally Posted By Meta4:
I could definitely see this being tried as negligent homicide, but certainly not intentional.

-James



x2

Felon in possession and manslaughter/negligent homicide maybe, but murder, definitely not.

On a related note, Virginia has grand juries for state crimes? Most states the DA has to file charges....in VA, does EVERYONE get a grand jury hearing?

If so, that's kick ass.
Link Posted: 4/17/2006 11:19:51 AM EST
i forgot to mention, both of these incidents happened within a 10 mile radius of my house.
Link Posted: 4/17/2006 11:21:47 AM EST

Originally Posted By jrzy:

Originally Posted By Alien:
Wow When I first read the story I didn't see those details about all of the stupid shit the guy did before the Trooper was killed. I say charge the PoS. The officer was killed during the "comission" of his crime.



This is guy is a POS for sure but I have a problem with the felony murder charge.
The rifle discharged after the vech was being towed, that means the vech was in police custody when the rifle discharged.
Unless the guy set it as a trap how is he responsible for the troopers death?

There was a case a few years ago where a cop shot his partner in the station by accident while unloading the armed robbers gun, should the armed robber be charged with the second cops death?


The crime was over when the guy was taken into custody and the vech impounded.

No way this guys gets convicted in the death, he's going for the full ride on everything else though, rightfully so too.



+1

and it had to be a negligent discharge- someone made that gun go off, it didn't just shoot the policeman of its own free will.
unless maybe it was bounced around in the cab when the vehicle hopped a curb or something?/??
Link Posted: 4/17/2006 11:31:06 AM EST

Originally Posted By OffKilter:
here is the other half of the article for those that didn't check the link:

"...she successfully sought a conviction against defendant Barbie Corbin for felony murder and distribution of cocaine and oxycotin, a powerful painkiller drug.
Corbin, who is now serving time in the penitentiary, had sold drugs to a woman at a party in Shenandoah Farms, according to Perka. The woman died of an overdose. Perka described the victim as a “drug addict.”
Perka convinced a Clarke jury that the death was Corbin’s fault and that Corbin should be punished for felony murder.
“You distribute a bunch of drugs to people and someone overdoses, wouldn’t you think twice to distribute drugs if ... you’re going to get tagged with felony murder,” Perka said.
“And drugs and firearms are all dangerous ... in the hands of someone who shouldn’t have them,” Perka said.”
“If somebody dies as the result of someone’s felonious behavior, and I think I can prove it, then I’m going to go for it.”
It does not matter if the person who died is a state trooper or a drug addict, Perka said.
“We care about people and human lives,” she said. "



so would they charge someone if the drug/ item was legal? what if i sold beer to some guy, a case or so, and he is over 21. Do i get charged if he gets drunk and dies? I sell a gun to some one who gets really depressed and kills himself or someone else, I get charged?
Seems pretty fuzzy logic to me
Link Posted: 4/17/2006 11:38:46 AM EST
So if a bomb maker is arrested, and the bomb tech is killed disarming the bomb, is it murder?
Link Posted: 4/17/2006 11:59:27 AM EST

Originally Posted By John_Wayne777:

Originally Posted By SgtSwat:
Just my opnion.
SWAT OUT.



It seems to me that the logic being used here is a chain of events, meaning that the suspect performed several deliberate actions which formed a chain of events ultimately ending in the death of the State Trooper. If this guy had been following the law, then the Trooper would still be alive, etc.

Given his criminal history, there is a good chance a jury will convict on that basis.

Dunno whether it will stand up to appeal or not.

To me, the charges sound reasonable and logical.

Now if this had been a law-abiding citizen who had been in an accident of no fault of their own and a legally concealed weapon had gone off, it would be a different story. But as the story stands right now, one really can argue that the suspects illegal conduct lead to the death of the State Trooper in question.




The problem is that most Felony Murder laws require that the death be a "reasonably forseeable" consequence of the criminal act. I doubt that the Commonwealth’s Attorney will be able to get a jury to find beyond a reasonable doubt that a person being shot to death because a firearm's trigger caught on something while the vehicle it was in was being towed is a "reasonably forseeable" consequence of the suspect's actions. Unless, of course, the suspect's name is Rube Goldberg.
Link Posted: 4/17/2006 12:01:51 PM EST

Originally Posted By Bama-Shooter:
So if a bomb maker is arrested, and the bomb tech is killed disarming the bomb, is it murder?



Yes, because the bomb exploding and killing someone is a reasonably forseeable consequence of the criminal act.
Link Posted: 4/17/2006 12:24:38 PM EST

Originally Posted By Bama-Shooter:
So if a bomb maker is arrested, and the bomb tech is killed disarming the bomb, is it murder?



I don't know but a rifle and a bomb are two completely different things.
You can not make the comparison.
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