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Wanting Father's Murder Case Reopened

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allenanddana

Guest
What is the name of your state? North Carolina

My father was murdered almost 10 years ago. The case was closed almost as quick as it had been opened due to the sheriff's department saying the shooter did it out of "self defense." This man is a known crazy drug dealer we'll call Bob. He had shot at my dad the night before and I have been told that my father took out papers on him for that. When my father comes home on the next day, he's there with my father's estranged wife, her other child from a previous marriage and one of Bob's friends. They say my dad shot first. Then in the newspaper, there are two different stories as to what happened next...Bob had his .357 magnum on him and the other is that he went to the truck to get it. There are pictures in the paper where Bob shows how my dad then hid in front of the truck while he admits that he stood on the hood of the truck over top of him with his gun pointing down at my father. He says that my father then shot at him and then he shot back. The bullet hole went in my father's head below his right ear and went up through his brain. I'm not a professional, but I don't see self defense here on Bob's part. Bob then took my father's gun, a .25-calier semiautomatic, and left him there to die while he went with the other people to the hospital, because he was shot in the arm and leg and the little boy was shot in the face. I was 17 at the time of his murder and it has haunted me ever since. I found out watching the local 6 o'clock news. I have watched so many forensic files on court tv and thought of my father and his case. I have seen shows with similar circumstances in the crimes and feel that more could have been done. I remember being told that Bob was a cousin of the sherrif and the county it happened in is one of the "good ole' boy" counties. Can you please give me some advice on whether or not this can be reopened? The bullet hole's entry point and the angle at which it traveled do not show self defense for Bob to me. Please help. I am ready to have closure. I need to know if Bob can possibly be punished in a court of law for what he did. Thank you so much.
 
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JETX

Senior Member
allenanddana said:
I need to know if Bob can possibly be punished in a court of law for what he did.
Since that is the ONLY legal question in your post, my answers:
Of course he can. There is no statute of limitations on murder, so if charged with that crime, he can be prosecuted. However, there is nothing in your post that would, in itself, indicate any lack of investigation by the police.
Also, you can consider pursuing a 'wrongful death' civil suit against him.
 

rmet4nzkx

Senior Member
Since he wasn't charged with murder at that time and his claims of self defense at least there is an opportunity if they will reopen the investigation because there would not be double jeopardy. Did he by any chance bring a lawsuit against the estate of your father since he was claiming self defense? In addition to the possibility of the wrongful death lawsuit, you might try several things to get the case reopened. First of all it may depend on how the local political climate is, has there been a change in sheriff or DA? If there has go to that entity first and ask to have it reopened based on looking at the forensic evidence again and any new evidence since then. Also as a back up contact http://www.courttv.com/ or one of the investigative programs and see if there is interest in this story which may encourage the local entities to reopen the case. Contact an attorney about a wrongful death suit, in this case you may have a better case and less costly to pursue, if it can be proved that the investigation was biased which would also increase your chances of a successful wrongful death action. Who shot the other people? Have they taken any action? Also if you still live in the same community, life could become difficult, so you might want to take that into consideration. Hopefully things have changed in 10 years, but change comes slowly.
 

JETX

Senior Member
rmet4nzkx said:
Since he wasn't charged with murder at that time and his claims of self defense at least there is an opportunity if they will reopen the investigation because there would not be double jeopardy
Are you off your meds again???

What makes you even suggest that??? There is NOTHING in this post to even suggest it is relevant. And even if there was.... if the police have closed their investigation with a finding of 'justified self-defense', it would be EXTREMELY unlikely that they would even consider re-opening the matter without CONSIDERABLE NEW EVIDENCE. This simply does not appear magically out of thin air.

Simply, the daughter of the 'victim' disagrees with the findings of the police department. That is not uncommon. The OP simply has TWO options:
1) To try to hire sufficient independent investigators (ME's, detective, etc.) to review the case and try to refute the current determinations, or
2) Accept that she disagrees with the 'official findings' and move on.

Did he by any chance bring a lawsuit against the estate of your father since he was claiming self defense?
Again, that is NOT relevant.... or even logical. Why would the shooter even consider bringing a lawsuit against the estate.... and under what legal premise???

Your even suggesting a hint of some 'magic wand' solution is irresponsible.... and ludicrous.
 

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