Thread: PlayStation murder case plagued by paperwork error

RALEIGH, North Carolina (AP) -- Officials dismissed a murder charge Tuesday against a sheriff's deputy accused of shooting and killing an unarmed teenager who authorities believed had stolen video game consoles.

A grand jury foreman said he had checked the wrong box on the indictment paperwork, triggering the dismissal.

Monday New Hanover County District Attorney Ben David had announced Cpl. Christopher Long, 34, would face a second degree murder charge.

David said the sheriff's deputy opened fire as police raided the home of 18-year-old Peyton Strickland.

Police suspected the teen stole two Sony PlayStation 3 video game consoles from a college student in Wilmington. (Read the full story about the shooting)

The grand jury foreman told a court Tuesday that he checked the wrong box on the indictment form by mistake, according to an order signed Tuesday by Superior Court Judge Ernest Fullwood.

The foreman learned about the mistake after other jury members heard about it from media reports.

A copy of the indictment filed as evidence Tuesday shows a check next to "true bill" indictment, with a heavy mark made through "not a true bill," followed by what appears to be the foreman's initials and Tuesday's date.

When a grand jury wants a murder indictment, it returns a "true bill." When it decides it does not want to issue an indictment, it returns "not a true bill."

"It was the kind of mistake you and I make in the world of forms," said Long's attorney, Mike McGuinness. "We check the wrong boxes."

The development drew a quick reaction from Strickland's family, which demanded an investigation.

"Yesterday, our son's murderer was going to have to answer for what he did," Don and Kathy Strickland said in a statement. "Today, we just don't know what is going on in Wilmington. We are upset, confused and searching for answers."

David said in a news release Tuesday that everyone in the court system believed the grand jury had indicted Long, a 12-year member of the sheriff's office who was fired last week after the December 1 shooting.

Attorney general's office officials were to meet with David on Tuesday morning to "evaluate all options," David said.

It was not clear whether the error would prevent prosecutors from refiling charges against Long, a 12-year member of the sheriff's office who was fired last week after the shooting.

McGuinness said there is no need for prosecutors to reconsider the case because the grand jury has already "made a substantial decision" not to charge Long with murder.

The only mistake was in reporting that decision, he said.

Authorities had accused Peyton Strickland and two friends of beating a student at the University of North Carolina at Wilmington and robbing him of two PlayStation 3s, which have been in high demand since going on sale last month.

The friends, Braden Riley and Ryan Mills, have pleaded not guilty.

Police believed they would be at risk when serving the search warrant, and used a police battering ram to break down the door. Long opened fire, hitting the unarmed Cape Fear Community College student in the head and near his right shoulder, an autopsy found.

Police also shot and killed Strickland's dog.

David said Monday that Long believed he heard gunfire when the battering ram hit the door. Other officers, who did not fire, said they did not hear gunfire.

"He based his decision on his law enforcement training," McGuinness said Tuesday. "The fact that he shot was not a mistake. It was based on his belief that he was being fired upon."

http://www.cnn.com/2006/LAW/12/12/playstation.theft.ap/index.html

So is he going to be charged or not?

fuck this kid..all he had to do was not steal a ps3 and hed still be alive..no sympathy whatsoever..necessary force since the kid was considered a dangerous criminal in the first place..he lost his job, thats punishment enough

"olson_10" wrote:

all he had to do was not steal a ps3 and hed still be alive

Yeah, the kid did something wrong - he was a teenager. You never did anything stupid when you were a teen? People can actually turn their lives around. He didn't do anything to deserve to be shot.

"olson_10" wrote:

necessary force since the kid was considered a dangerous criminal in the first place

The article says the boy was unarmed - I wouldn't call that necessary force.

"olson_10" wrote:

he lost his job, thats punishment enough

Punishment enough for shooting an unarmed kid???

I sure wish my punishments were like that. I lost my job last year for being late twice.

Clearly, the cop in this case made a severe error in judgement and he deserved at least some consequences for his actions (maybe manslaughter instead of 2nd-degree murder). This whole deal with him getting off completely free without even an investigation is just a joke.

Firing him is pretty rough.
They should just be more selective about who they send him out to serve warrants on.
Like maybe O.J., Chumra, or the guy that put the dent in my car door today.

ok, firing on a kid that is holding a controller is SOOO far out of whack that it's not even funny.
A kid i was @ school with while runnin the woods to get away from cops while they were raiding a keg party we had one friday nite, (like many before) one of the cops was chasing him and said they saw a flash of metal, so he pulled his gun and shot the kid 2x in the back. the kid died on the way to the hospital.

the flash of metal he saw?
the keys to his house which was less then 500 meters away.

The cop quit the force on his own.. and i know he moved away after some time.

I
understand police work is dangerous.. and i have many stories of my run ins with um. but this.. nessesary violence thing is WAY to far outta hand. I'd give a cop the right to protect himself, but that doesn't mean being proactive cause u THINK u saw somethin.


DiGiTaL

So this is the follow up to that 20 page post about this crime?

The cop thought the battering ram noise was a gun firing? WTF kind of training do they give them guys.

I hope they do charge his sorry jiggly butt, firing is not enough imo. Oh and making a paperwork mistake? Comon, this guy is a 12 year vet, and the court accidentally makes a mistake that keeps him from being charged? Bullshit.

"Del" wrote:

So this is the follow up to that 20 page post about this crime?

The cop thought the battering ram noise was a gun firing? WTF kind of training do they give them guys.

I hope they do charge his sorry jiggly butt, firing is not enough imo. Oh and making a paperwork mistake? Comon, this guy is a 12 year vet, and the court accidentally makes a mistake that keeps him from being charged? kaka del toro.

AGREED DEL!!!

"tarkenton10" wrote:

"Del" wrote:

So this is the follow up to that 20 page post about this crime?

The cop thought the battering ram noise was a gun firing? WTF kind of training do they give them guys.

I hope they do charge his sorry jiggly butt, firing is not enough imo. Oh and making a paperwork mistake? Comon, this guy is a 12 year vet, and the court accidentally makes a mistake that keeps him from being charged? kaka del toro.

AGREED DEL!!!

Tark don't give me a heart attack this is my Friday.

"olson_10" wrote:

floop this kid..all he had to do was not steal a ps3 and hed still be alive..no sympathy whatsoever..necessary force since the kid was considered a dangerous criminal in the first place..he lost his job, thats punishment enough

: Wow! I'll just have to roll my eyes on this comment.

What happens if your sitting in your living room playing with a PS# with the volume pumped up & a neighbor reports gunfire coming from your house & the police come in and shoot you because they mistook your controller for a gun?