Need help please

[ruby26]

What is the name of your state? Washington

My brother in law was shot and killed 2 months ago outside a bar by a man who had previous felony gun possesion charges. The man shot him 3 times, one shot fired after he already lay on the ground. The police said there was an altercation in the bar which progressed outside, and my brother in law punched the shooter. The shooter was regonised and picked up by police a couple days later. My questions are, are we allowed copies of the police reports or the autopsy? Why are they charging this guy with 2nd degree murder when he had a felony involving a firearm and was committing a felony by being in possesion of the gun at the time my brother in law was shot? Can he say he was defending himself? My brother in law had no weapons. What kind of jail time is he really looking at? Prosecutor says 15-20 with max a year and a half off good time, but we dont believe that. Can we sue him in a civil suit for things like pain and suffering of family members? We wanna screw this guy as many ways as we can if hes not gonna spend his life in jail. Please help us out. I might have more questions later. Thanks in advance.

 

[stephenk]

"Prosecutor says 15-20 with max a year and a half off good time, but we dont believe that"

Why not?

 

[CdwJava]

My questions are, are we allowed copies of the police reports or the autopsy?

When the case is over you can probably seek all that information as public record. It might take an attorney to shake it loose, but it's possible. And any court records would be public records and accessable at some point. And if you sue him these can be obtained through subpoena I imagine (though I'm not sure of the specific process in Washington).

Why are they charging this guy with 2nd degree murder when he had a felony involving a firearm and was committing a felony by being in possesion of the gun at the time my brother in law was shot?

Because being in possession of a weapon illegally is not an element that raises the crime above 2nd degree murder. His illegal possession is a seperate offense.

Can he say he was defending himself? My brother in law had no weapons.

He can claim anything he wants. Whether he can show it in court is another question.

What kind of jail time is he really looking at? Prosecutor says 15-20 with max a year and a half off good time, but we dont believe that.

He might be eligible for parole in half that. Maybe someone should ask the DA for specifics as to how early he'd be eligible for parole.

Can we sue him in a civil suit for things like pain and suffering of family members?

Sure. However, keep in mind that unless he has assets your attorney fees will be straight out of your pocket. His having a judgmenet hanging over him may not concern him much if he's in prison and his earning prospects are dismal anyway.


- Carl

 

[racer72]

Can we sue him in a civil suit for things like pain and suffering of family members?

The only family members that could sue would be a spouse, minor children, adult children that relied on him for support, parents or other immediate family members that relied on him for basic support and siblings if the victim is a minor child. Others such as aunts, uncles, cousins, and those that do not meet previous requirements, cannot sue. And if your brother is found to be in some way criminally negilent, nobody can sue. Any civil action would have to wait till the end of the criminal trial, only then could anyone determine if the shooter could be held liable for any civil actions.

 

[ruby26]

Ok that helps some. Thanks