It's obvious that this was going to be the outcome, but it's a bit disconcerting that the investigation took this long -- in NH.
http://unionleader.com/article.aspx...rticleId=8af41570-48f9-4144-a21e-2939d24b8488
52 minutes ago
Manchester – A fatal shooting in a Manchester apartment last October has been ruled self-defense and will not lead to criminal charges against the man who fired the gun.
In a press release issued this morning, police and state prosecutors announced that Greg Stroman of 253 Conant Street had reason to believe that the shooting victim, Francisco Cruz, 21, and another man had entered his third-floor apartment to commit armed robbery or to use deadly force against him or a relative.
The press release follows:
Released By: Attorney General Kelly A. Ayotte
Date of Release: February 7, 2006
Time of Release: 9:00 a.m.
Subject: Investigation of the Death of Francisco Cruz
Attorney General Kelly A. Ayotte and Manchester Police Chief John Jaskolka announce that the Manchester Police Department has concluded the investigation into the circumstances surrounding the death of Francisco Cruz. Mr. Cruz was discovered shot in the chest in the third floor apartment at 253 Conant Street on October 16, 2005. Following review of the investigative reports, the Attorney General's Office has concluded that the shooting was not a crime.
On October 16, 2005, the Manchester PD responded to a 911 call of a burglary in progress at 253 Conant Street. When the officers arrived they learned that gun shots had been fired. Subsequent investigation determined that Francisco Cruz (DOB 9/3/1985) was dead in the living room of the third-floor apartment from a single gunshot wound to the chest. The investigation determined that Cruz and Rafael Pamphile went to the third floor apartment at 253 Conant St. with the purpose of robbing the occupants. Cruz was armed with a handgun and Pamphile was armed with brass knuckles. Greg Stroman, one of the residents of 253 Conant St., answered the door. Several other individuals were in the apartment, including Stroman's uncle and his fourteen-year-old cousin. Pamphile and Cruz entered the apartment. Cruz had his gun drawn and pointed at Stroman. When Stroman's uncle and cousin got up to leave the room, Cruz turned and pointed the gun at them. While Cruz's attention was diverted, Stroman retrieved his own handgun from another room and shot Cruz. In the process, Cruz also fired his gun and hit Stroman in the hand. Stroman's shot was immediately fatal to Cruz. Once Stroman was shot, he jumped from the third floor apartment and went to the second floor apartment. Stroman then returned to his apartment, retrieved his handgun, which he had dropped, and some marijuana. On his way out of the apartment, Stroman looked at Cruz and determined that he was dead. Stroman then fled the apartment without calling the police. Before leaving Manchester, Stroman discarded the gun and the box holding the drugs. Stroman then went to Springfield, Massachusetts, where he was treated at the hospital. On his way to the hospital he contacted the police and informed them that he had been injured in the robbery. Stroman eventually was interviewed and provided a complete statement to the police. His statement was corroborated by the other witnesses and by the physical evidence.
RSA 627:4, II(a) provides that "A person is justified in using deadly force upon another person when he reasonably believes that such other person . . . s about to use unlawful, deadly force against the actor or a third person." Alternatively, "[a] person is justified in using deadly force upon another person when he reasonably believes that such other person . . . s likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage." RSA 627:4, II(d). Under either version of the defense, the shooter is not required to retreat when he is in his own home and he was not the initial aggressor. RSA 627:4, III(a).
The facts of this case present a fairly straightforward application of the self-defense law. Cruz and Pamphile came to Greg Stroman's apartment with the intent to rob it. Both men were armed (Cruz with a gun and Pamphile with brass knuckles). Cruz was the initial aggressor by threatening Stroman and then Stroman's uncle and teenage cousin with his gun. In response, Stroman retrieved his own gun and shot Cruz. Stroman himself was wounded by Cruz in the process. Thus, the evidence established that Stroman had a subjective belief he needed to use deadly force to protect either himself or his uncle and cousin and that that belief was objectively reasonable. Alternatively, the evidence supports the finding that Stroman was reasonable in believing that Cruz and Pamphile were about to use unlawful force in the commission of a felony in Stroman's home, namely armed robbery. Consequently, Cruz's death was not a crime.
http://unionleader.com/article.aspx...rticleId=8af41570-48f9-4144-a21e-2939d24b8488
52 minutes ago
Manchester – A fatal shooting in a Manchester apartment last October has been ruled self-defense and will not lead to criminal charges against the man who fired the gun.
In a press release issued this morning, police and state prosecutors announced that Greg Stroman of 253 Conant Street had reason to believe that the shooting victim, Francisco Cruz, 21, and another man had entered his third-floor apartment to commit armed robbery or to use deadly force against him or a relative.
The press release follows:
Released By: Attorney General Kelly A. Ayotte
Date of Release: February 7, 2006
Time of Release: 9:00 a.m.
Subject: Investigation of the Death of Francisco Cruz
Attorney General Kelly A. Ayotte and Manchester Police Chief John Jaskolka announce that the Manchester Police Department has concluded the investigation into the circumstances surrounding the death of Francisco Cruz. Mr. Cruz was discovered shot in the chest in the third floor apartment at 253 Conant Street on October 16, 2005. Following review of the investigative reports, the Attorney General's Office has concluded that the shooting was not a crime.
On October 16, 2005, the Manchester PD responded to a 911 call of a burglary in progress at 253 Conant Street. When the officers arrived they learned that gun shots had been fired. Subsequent investigation determined that Francisco Cruz (DOB 9/3/1985) was dead in the living room of the third-floor apartment from a single gunshot wound to the chest. The investigation determined that Cruz and Rafael Pamphile went to the third floor apartment at 253 Conant St. with the purpose of robbing the occupants. Cruz was armed with a handgun and Pamphile was armed with brass knuckles. Greg Stroman, one of the residents of 253 Conant St., answered the door. Several other individuals were in the apartment, including Stroman's uncle and his fourteen-year-old cousin. Pamphile and Cruz entered the apartment. Cruz had his gun drawn and pointed at Stroman. When Stroman's uncle and cousin got up to leave the room, Cruz turned and pointed the gun at them. While Cruz's attention was diverted, Stroman retrieved his own handgun from another room and shot Cruz. In the process, Cruz also fired his gun and hit Stroman in the hand. Stroman's shot was immediately fatal to Cruz. Once Stroman was shot, he jumped from the third floor apartment and went to the second floor apartment. Stroman then returned to his apartment, retrieved his handgun, which he had dropped, and some marijuana. On his way out of the apartment, Stroman looked at Cruz and determined that he was dead. Stroman then fled the apartment without calling the police. Before leaving Manchester, Stroman discarded the gun and the box holding the drugs. Stroman then went to Springfield, Massachusetts, where he was treated at the hospital. On his way to the hospital he contacted the police and informed them that he had been injured in the robbery. Stroman eventually was interviewed and provided a complete statement to the police. His statement was corroborated by the other witnesses and by the physical evidence.
RSA 627:4, II(a) provides that "A person is justified in using deadly force upon another person when he reasonably believes that such other person . . . s about to use unlawful, deadly force against the actor or a third person." Alternatively, "[a] person is justified in using deadly force upon another person when he reasonably believes that such other person . . . s likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage." RSA 627:4, II(d). Under either version of the defense, the shooter is not required to retreat when he is in his own home and he was not the initial aggressor. RSA 627:4, III(a).
The facts of this case present a fairly straightforward application of the self-defense law. Cruz and Pamphile came to Greg Stroman's apartment with the intent to rob it. Both men were armed (Cruz with a gun and Pamphile with brass knuckles). Cruz was the initial aggressor by threatening Stroman and then Stroman's uncle and teenage cousin with his gun. In response, Stroman retrieved his own gun and shot Cruz. Stroman himself was wounded by Cruz in the process. Thus, the evidence established that Stroman had a subjective belief he needed to use deadly force to protect either himself or his uncle and cousin and that that belief was objectively reasonable. Alternatively, the evidence supports the finding that Stroman was reasonable in believing that Cruz and Pamphile were about to use unlawful force in the commission of a felony in Stroman's home, namely armed robbery. Consequently, Cruz's death was not a crime.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
