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"simply firing a gun at somebody . . . is not attempted murder."

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  • "simply firing a gun at somebody . . . is not attempted murder."

    http://officer.com/online/article.js...ion=1&id=40761

    Ruling in Shooting of Philadelphia Officer Sparks Ire


    Posted: Tuesday, March 25, 2008
    Updated: March 25th, 2008 02:52 PM PDT


    Most Read Most E-mailed E-mail Article Print Article


    JULIE SHAW
    The Philadelphia Daily News



    A judge yesterday dismissed an attempted-murder charge in the shooting of a Philadelphia Housing Authority police officer last month, prompting outrage among police and prosecutors.

    "Give him another m---------ing rifle. He can just walk. That's just madness," one PHA police officer, who did not want to give his name, said right after yesterday's preliminary hearing.

    The chorus of anger in the hallway continued with a city police officer shouting: "This is why crime's out of control!"

    PHA Police Officer Craig Kelley, who was shot Feb. 17 as he manned a security booth in a Germantown public-housing high-rise, told reporters: "What does it take? Does it take for him to shoot somebody who's not a police officer with an assault rifle? This was a rifle, a military rifle."

    The officers were reacting to Municipal Judge Deborah Shelton Griffin's dismissal of an attempted-murder charge against defendant Zahir Boddy-Johnson, 17, the alleged shooter, and her decision to then lower his bail from $5 million to $75,000.

    Griffin held Boddy-Johnson, of Diamond Street near 23rd, North Philadelphia, for trial on aggravated-assault and weapons offenses.

    Hours later, the District Attorney's Office refiled the attempted-murder charge and also filed a petition in Common Pleas Court to have Boddy-Johnson's bail reinstated to $5 million. Judge Benjamin Lerner did so, pending a hearing Thursday.

    Kelley, 49, testified at yesterday's hearing that he was manning a security booth inside the Queen Lane Apartments on Queen Lane near Pulaski Avenue when a man knocked on the door.

    After Kelley opened the door, a man with a scarf covering his face pointed a rifle at him and "stated, 'Don't move!' " Kelley testified.

    "I tried to slam the door as hard as I could," Kelley said, but the gunman shot him once in his front-left torso, above his hip.

    The gunman fired two more times after the door closed, hitting the booth, Kelley testified.

    Boddy-Johnson allegedly confessed to the shooting, according to a statement read in court yesterday by Homicide Detective Patrick Mangold.

    When asked why he had shot the officer, he said: "I was going to rob him when he opened the door to the booth. I shot the gun one time and then he closed the door. I then shot two more times while he was inside the booth. I was shooting through the glass, but I don't think the bullets went through. I was just shooting."

    Boddy-Johnson said he wanted to rob the officer's laptop and gun so he could "sell it [to pay] restitution for my stolen-car case."

    He said he used an SKS rifle. "I bought it off the street," he said. "It came with the bullets."

    He told police he had used the rifle in target practice, shooting at bottles in a park at 25th and Diamond streets.

    He also said he dropped the rifle a couple of blocks from the high-rise as he was running away. Police recovered a rifle believed to be the weapon used.

    Defense attorney Michael Coard yesterday argued for a dismissal of the attempted-murder charge, saying that, by law, "simply firing a gun at somebody . . . is not attempted murder."

    Coard also called the $5 million bail an "outrageous ransom."

    Assistant District Attorney Erica Wilson argued for Boddy-Johnson to be held on the attempted-murder charge, contending that he had been aiming at Kelley's chest, a vital part of the body.

    Griffin reasoned that the defendant had shot at the officer as a "reaction."

    "He didn't expect the officer to close the door. . . . ," the judge said. "He was surprised, and that's why he fired."

    Boddy-Johnson was previously arrested Aug. 21, after he was found trying to steal a Jeep Cherokee on Girard Avenue near 20th Street in Fairmount, according to police records. The Jeep belonged to a police detective.

    The case was resolved in Family Court without a trial after Boddy-Johnson agreed to pay restitution to the Jeep's owner.

    Griffin, meanwhile, faces her own challenge in the state Supreme Court.

    On March 5, the state Attorney General's Office and the Philadelphia D.A.'s Office argued before the court that Griffin be removed from the bench because she had pleaded guilty in 1984 in federal court to two felony counts involving the use of a false identity.

    In 1982, before Griffin became a judge, she had used a false Social Security number to obtain two credit cards.

    Her attorney, Samuel C. Stretton, said last week that he believes that the high court "should look at the totality" of the case and not remove Griffin, who he says grew up in housing projects, turned her life around, and now "brings so much to the bench."
    *
    This judge is a whack job.

    2 years ago some moron ran over and killed 189 seagulls over a 200 foot area. This judge reduced the guys fine and said she believed it to be an accident.

  • #2
    Thats insane!
    She needs to be removed, thats for sure....
    "...and the taking of a life is murder. And the punishment for murder is.... well it varies from state to state and by race, but...." - Homer J Simpson.

    Police: "Stop and we'll shoot!"
    Dilbert: "Stop AND we'll shoot? If you're gonna shoot, why should we stop?"
    Police: "Well, it would be alot easier for us. The targets at the shooting range don't run."

    R.I.P. Momma Coleman. You may have left our world, but you have NOT left our hearts.

    Comment


    • #3
      wow, WTF. Is this 4real? how can she still be on the bench? Next time some thug comes to the door just shoot at him, it wont be attempted murder. Just say it was a reaction. Then put a few more rounds his way. The olny thing she brings to the bench is the projects.

      Comment


      • #4
        Every time I had a case where someone shot someone else, I always charged 664/187 P.C. (attempted murder) instead of 245 (assault with a deadly weapon). I figure if you shoot at someone, it's usually not to scare them.

        This judge needs a change of vocation.
        LIFE IS TOO SHORT TO DRINK CHEAP BEER!

        Comment


        • #5
          if someone took a couple shots at the judge, the same way they did at the officer . . . the judge would be singing a different tune . . . guarnteed!
          'Evil always wins when Good does nothing'-Anonymous

          Comment


          • #6
            Her attorney, Samuel C. Stretton, said last week that he believes that the high court "should look at the totality" of the case and not remove Griffin, who he says grew up in housing projects, turned her life around, and now "brings so much to the bench."
            What? $5 hand jobs.....for perps?
            Molly Weasley makes Chuck Norris eat his vegetables.

            sigpic

            Comment


            • #7
              With regard to the seagull case, anyone who kills 189 seagulls can't be all that bad. Those damned things are rats with wings, but nowhere near as clean.
              Government is not the solution to our problem; government is the problem. - Ronald Reagan

              I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

              Comment


              • #8
                That judge is going to be removed, right? I mean, that's beyond anything I've ever heard of.

                Comment


                • #9
                  Originally posted by willowdared View Post
                  What? $5 hand jobs.....for perps?
                  ROFLMAO!! Thank you for that
                  LIFE IS TOO SHORT TO DRINK CHEAP BEER!

                  Comment


                  • #10
                    So it's the officer's fault because he closed the door on someone who was trying to rob him at gunpoint? That black-bathrobe wearing inbred on the bench basically ruled that crime victims are required to comply with the criminal's demands. I wonder what the ruling would be if someone shot at that judge?
                    Government is not the solution to our problem; government is the problem. - Ronald Reagan

                    I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

                    Comment


                    • #11
                      Not all nutso judges live on the east for west coast. We have them in the middle also.
                      http://feedlot.blogspot.com/2007/07/...too-short.html

                      Comment


                      • #12
                        How come I hear about all of there lawyers who struggle to stay in practice when it's obviously pretty easy to be a judge?

                        The Quality of the legal system is in my opinion, a reflection of the quality of the populace. If the masses do not demand change, there will be no change.

                        M-11
                        “All men dream...... But not equally..
                        Those who dream by night in the dusty recesses of their minds wake in the day to find it is vanity;
                        but the dreamers of the day are dangerous men,
                        for they act their dreams with open eyes to make it possible.....”

                        TE Lawrence

                        Comment


                        • #13
                          Originally posted by willowdared View Post
                          What? $5 hand jobs.....for perps?
                          MY QUEEN!!!
                          Going too far is half the pleasure of not getting anywhere

                          Comment


                          • #14
                            If Obama becomes President, she'll probably be considered for a Supreme Court Nomination.
                            The liberal politician has the only job where they go to the office to work for everyone but those who pay their salary.

                            Comment


                            • #15
                              words cannot describe how angry and dumbfounded i am at this ruling. it will most likely be overturned and i hope she gets removed as a judge.

                              Comment

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