http://pressconnects.com/apps/pbcs.dll/article?AID=/20070801/NEWS01/708010383
This is an interesting story. Certainly I don't want to get into an argument of whether drugs (espc. pot) should be illegal or not (my opinion, what you put into your body is your choice). However, should this guy be charged with murder? Yes, he was engaged in an illegal activity, and there would (likely) have been no invasion if he wasn't a drug dealer. But to me it sounds like a case of justifiable force. He probably shouldn't have burried the body in a shallow grave; so the only crimes I see are the drugs charges, evidence tampering, possibly violation of firearms laws (if he was a felon) and maybe some environmental laws.
Discuss...
SHERBURNE -- Chenango County Sheriff Thomas J. Loughren said Wednesday the district attorney will decide whether a murder charge will be filed against Robert R. Reynolds, 42, in the shotgun death of an Otsego County man.
The victim was positively identified as 32-year-old Joshua D. Richheimer of the Town of Pittsfield. His body was recovered Tuesday morning from a freshly dug grave across the road from Reynolds' house at 476 Pleasant Valley Road in the Town of Sherburne.
Loughren said he expected the district attorney's office to present the shooting case to a grand jury to determine the charges. The district attorney, Joseph A. McBride, was unavailable for comment Wednesday.
Reynolds will face additional felony charges of weapons and marijuana possession as a result of drugs and guns recovered from his residence, Loughren said. Police said they believe a shootout between Reynolds and Richheimer occurred July 24 at Reynolds' house.
Richheimer, who had been missing since July 24, was identified during an autopsy conducted Wednesday in Binghamton by forensic pathologist Dr. James Terzian. The cause of death was a gunshot blast to the midsection, Loughren said. The wound was made with buckshot from a .12 gauge shotgun owned by Reynolds, according to Loughren.
Reynolds told sheriff's investigators he shot Richheimer in self-defense after he broke into Reynolds' house armed with a sawed-off shotgun, Loughren said.
Richheimer also fired his weapon, Loughren said. Richheimer was struck once while Reynolds was not hit, the sheriff said.
"The indications are Richheimer went to the house armed with a shotgun to rob Reynolds of drugs and money, kicked in the door around 9:45 p.m. and the shootout followed," Loughren said. "The deceased appeared to be the aggressor, although we believe Reynolds fired first."
Police recovered both of the weapons. Reynolds' weapon was recovered from his house while Richheimer's was buried with him in the 4- to 6-foot-deep grave in a wooded area about one-third of a mile from Reynolds' house.
Reynolds and a neighbor, Nicholas Simonds, 21, also of Pleasant Valley Road, were charged with felony evidence tampering and sent to the Chenango County Correctional Facility in lieu of bail. Bail for Reynolds was set at $100,000 and bail for Simonds was set at $10,000. Both remained at the jail Wednesday night. The evidence tampering involved moving the body from the shooting scene, authorities said.
Simonds was not in the house when the shooting occurred but helped Reynolds dispose of the body, Loughren said.
Felony hearings have been scheduled for 6:30 p.m. today in Town of Sherburne Court to determine if there is sufficient evidence to hold the pair for grand jury action.
This is an interesting story. Certainly I don't want to get into an argument of whether drugs (espc. pot) should be illegal or not (my opinion, what you put into your body is your choice). However, should this guy be charged with murder? Yes, he was engaged in an illegal activity, and there would (likely) have been no invasion if he wasn't a drug dealer. But to me it sounds like a case of justifiable force. He probably shouldn't have burried the body in a shallow grave; so the only crimes I see are the drugs charges, evidence tampering, possibly violation of firearms laws (if he was a felon) and maybe some environmental laws.
Discuss...
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