Yes, Mr. Chavira was a banger, and yes, he had a criminal history and stole that night. My understanding is this was not priority information in determining if his death was justifiable homicide or not. The above are certainly not reasons he should die.
I understand John Saul had been in an auto accident resulting in a death. Accident. I don't remember the specifics well but cringe when people say he had killed before. My brother-in-law ran over my toddler niece. He was suicidal for quite a while. NO ONE thought of him as anything but a victim also. Saul was not charged, arrested, or convicted of wrongdoing. Accident, until I read, credibly, otherwise. NOT relevant to this matter.
I did hear, rather credibly, Mr. Chavira yelled "I am going to kill you" in the darkened store, that Mr. Saul was very shaken and vomited, called police immediately, and I watched the surveillance tape showing one muzzle flash and the arrival of police and ambulance, giving a good perspective on how quickly everything happened. Evidence supported Saul did not leave the store but shot from the doorway. There is some evidence Mr. Chavira may have turned to his left and so the shine off the belt buckles may have appeared to be a weapon. Saul did not know if Chavira was alone.
On the other hand, Mr. Chavira was running away, was shot in the back, and there were five shots fired. He did not have a weapon. He was alone.
The jury's charge on justifiable homicide was this, from the UB here http://union-bulletin.com/
From what I've read and heard, and it's certainly not everything, Saul acted out of fear and self-defense. I have no sense this was a law and order issue for him. He was not getting the guy who stole from him.
Does that mean Saul gets to defend himself by shooting a man in retreat? Was there imminent threat?
I don't know. I'm glad I wasn't on that jury. I was not surprised by the jury's split yesterday.
When I was 17 my dad was shot in a home invasion by a man high on amphetamines and with a 357 magnum and a meat cleaver. We hunkered down, turned off lights, blocked doors with furniture, and waited forever while Walla Walla cops made it to Wallula. We had guns but they were not touched. I have since been in emergencies and am confident my reaction is not to go on the offensive. But then again, I was not in Saul's shoes that night.
I leaned toward feeling Mr. Saul should be held accountable for bad judgement and an offensive stance. Now, not so much. But I'm still not sure.
I was not on the jury. They had the best information to make a determination. Although the jury system sucks, it's the best we have. I am so glad this was not my job, this determination.
The Chavira family is suffering. I bet John Saul would give anything for a do-over. It would be great if we all would offer measured opinions supported by as many facts as we can find. I find both polarized stances, that Saul is guilty of a crime or that Mr. Chavira assumed this risk because he was stealing, not helpful at all. No not at all.
