76 yr old man chased down and kills home invader

[Danno 1,228]

Remember folks, it's all in "what you admit to" at the time.

This guy was smart enough to put his story together and stuck by it.

"Yeah, that's what I was doing... chasing ofter them with a gun to shoot their tires out when I was forced to defend myself."

No charges against 76 year old crime victim in shooting death

Charlotte, NC, 09.18.2009

WBT NEWS

The Mecklenburg County District Attorney's office has decided that no charges will be filed against C.L. McClure in the shooting death last month of Marcus Fluker.

The 76-year-old McClure was sitting in his basement room on August 22nd, cooling off after cutting his yard. At about 12:30 in the afternoon, he told Charlotte Mecklenburg Police that he saw a young black male walk past the door of this room. He thought it was his grandson coming by to see him. When he didn’t come into the room, Mr. McClure walked to the door to see what he was doing. He was greeted by a young man with his face covered and armed with a weapon.

Mr. McClure said he was told to get on the ground. He was duct taped and robbed of cash and jewelry. Another man entered into the basement as well. Mr. McClure was asked who and what was in the main house. Mr. McClure told them his wife was upstairs and to please not to hurt her. One man left the other stayed.

Mr. McClure’s wife was also a victim of this home invasion when they entered the home and took items from there as well.

In a statement from District Attorney Peter Gilchrist recounting the incident, it was noted that after a brief period, the other man left and Mr. McClure got off the ground, retrieved a gun he had in the basement, and went to check on his wife. He saw a number of young men running from his house into the woods.

McClure told police that from previous break-ins at his residence he believed that the robbers were running to a vehicle on the other side of the woods. His wife told him she was okay and he got into his vehicle. His intention at that time was to get to their car before they did and to shoot out the tires to immobilize their car until the police arrived.

As Mr. McClure approached the area where he thought a car might be parked, there was no car, and instead he saw all the young men running towards him. At this point he fired a shot in the air in an attempt to scatter them away from him and his vehicle and back into the woods. Instead, they kept running towards him.

McClure said that some of the men passed in front of his car and some behind. As Marcus Fluker passed his car he began to turn towards Mr. McClure. McClure, an Army veteran, had identified the weapon pointed at him at his house as some type of automatic weapon.

When Fluker turned towards him he thought he was about to get “sprayed” by fire from this automatic weapon. He fired at him. McClure did not know if he struck him because Mr. Fluker turned back around and continued to run. At this point, McClure no longer felt in danger and did not fire his weapon again.

After the police arrived they went with Mr. McClure into the apartment complex where the individuals had been last seen. At this point, it was learned that Marcus Fluker had been struck by a single gunshot wound. At the place where he was found there was no gun. This location was not secure until the police arrived.

The investigation of this case recovered two firearms taken from Mr. McClure’s home and it is clear that Mr. Fluker was one of the individuals involved in the home invasion robbery. As a result of these events, Mr. McClure’s 70 year old wife suffered a heart attack.

The statement from the District Attorney says that in making a decision as to whether to charge Mr. McClure in this case, the District Attorney’s Office considered all of the above facts as well as the law of self defense.

They say the only eyewitness to this shooting was Mr. McClure. They also say the physical evidence corroborates what he told detectives. His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self defense.

Mr. McClure believed that his life was in danger and fired in self-defense. It is the burden of the State in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self defense. The State cannot meet that burden in this case as it appears from all the credible evidence that Mr. McClure feared for his life.

[dalegg 143]

They wanted to avoid the irony.

[Nagishkaw 510]

Cool.

[AUBGER 0]

I know everyone is frustrated, but I think things should

be kept in perspective.

NASBA estimates that scores can take up take up to 8

weeks for release. Had there not been a projected release

date from another71, would you have had the same

expectations of getting scores this week? and hence

disappointment in not getting them?

100% agreed.

I know everyone is frustrated, but I think things should

be kept in perspective.

NASBA estimates that scores can take up take up to 8

weeks for release. Had there not been a projected release

date from another71, would you have had the same

expectations of getting scores this week? and hence

disappointment in not getting them?

100% agreed.

Oh I am so sorry...i didn't mean to post this here

I'm taking my CPA exam and..totally irrelevant..I wish I could delete

[Danno 1,228]

Cool.

Yeah, a lot of people thought he would be charged since he went after them.

[PlatyPius 5]

Good for him.