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Posted: 8/23/2009 11:34:11 AM EDT
http://www.charlotteobserver.com/breaking/story/904476.html
CHARLOTTE, N.C.–– An elderly man who was tied up and robbed in his own home by four teens may face charges after police say he chased the suspects down and shot one of them to death.
Charlotte-Mecklenburg police said Marcus Antonio Steven Fluker, 15, died after being shot by the home invasion victim. Family members identified the home invasion victim as C.L. McClure, 77. McClure’s sister, Betty Carter, lives next door to him on Grier Road in northeast Charlotte. She said she came home Saturday afternoon and found police cars surrounding her brother’s house. “I was just so upset, I didn't know what to think at that moment,” said Carter. McClure’s son, who lives next door to Carter, said the four teenage boys broke into McClure’s home and tied up his father. Larry McClure said his father broke free because he was worried about his wife, who was upstairs. By the time he was free, the suspects had run away, said Larry McClure. But police say what McClure did next could lead to charges against him. Police say McClure chased the teens down with his car, and confronted them at a nearby apartment complex on Ginger Lane. Fluker was shot during the confrontation and died at the hospital. The three other teens are charged with 2nd degree burglary, robbery with a dangerous weapon, and conspiracy to commit robbery. Police identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18. Graves and Morgan have been arrested before in Mecklenburg County. Police will forward the results of their investigation to the District Attorney’s office, to determine if McClure will face homicide charges for Fluker’s death. North Carolina law allows a homeowner to defend himself against an intruder who is breaking into his home, but not necessarily one who is running away, defense attorney George Laughrun told Newschannel 36. Since the confrontation between the elder McClure and Fluker happened after they left McClure’s property, other factors will determine whether McClure is charged. The most prominent factor is whether McClure faced a threat of imminent death or serious bodily injury, said Laughrun. If the teen was pulling out a gun or preparing to fire when McClure shot him, the shooting could be ruled as self-defense. Police said at least one of the teens possessed a gun when they allegedly broke into McClure’s home, but don’t say whether they possessed the gun during the confrontation or pointed it at McClure. Larry McClure defends his father’s actions. “That was a bold thing to chase behind them, I guess,” said Larry McClure, “but he's 77 years old –– you shouldn’t do people like that.” UPDATE I know it is a little late, but I just thought to do a search and see how it turned out. I am pleased to hear that the charges were dropped. http://www.charlotteobserver.com/topstories/story/956958.html No charges in teen's death after robbery
DA: Man who gave chase after home invasion fired gun in self-defense. Mecklenburg District Attorney Peter Gilchrist said Friday he won't charge 76-year-old C.L. McClure in the shooting death of a 15-year-old who police said was part of a home invasion robbery at McClure's northeast Charlotte house. Gilchrist told the Observer there was insufficient evidence to refute McClure's assertion that he was acting in self-defense Aug. 22 when he shot and killed Marcus Fluker. "It appears from all the credible evidence that Mr. McClure feared for his life," Gilchrist said in a statement. McClure told police and prosecutors that after the midday home invasion at his Grier Road house he jumped into his van and drove to a nearby street where he thought the robbers were headed on foot. He said he intended to shoot out the tires of their getaway car to slow them for police. He found no car, McClure told police, but spotted the group running toward his van from a wooded area. As they approached, McClure said, he feared Fluker might use an automatic weapon McClure had seen one youth holding during the robbery. McClure then fired his .22-caliber gun from the passenger window, hitting Fluker. Police found the teen dead not far away on Ginger Lane, though they found no gun nearby. The death highlighted issues around the rights of homeowners to protect themselves and the limits of those rights outside the home. When a homeowner shoots an intruder, N.C. law allows prosecutors to rule it justified. But McClure drove after the robbers, plunging the case into a gray area, legal experts told the Observer. "We make decisions based on the facts and not community opinion," Gilchrist told the Observer. In the statement, Gilchrist said: "His idea to find the vehicle and try to delay the escape of those who invaded his home did not make him the aggressor nor did that take away his right of self-defense. Mr. McClure believed that his life was in danger and fired in self-defense." McClure didn't return a call Friday and has said he doesn't want to talk about the incident. Felicia Fluker, the youth's mother, couldn't be reached Friday night. She told the Observer after the shooting that her son, an Independence High freshman, was a good kid who got caught up that day with a bad crowd. "I hate what happened," she said. "(McClure) could've just called police." Three other teens were arrested and charged with second-degree burglary and robbery with a dangerous weapon. Police have identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18. Three defense attorneys who read Gilchrist's statement on the McClure case said they felt the prosecutor's decision not to file charges was fair and showed the homeowner had feared for his life. "When a notorious incident like this takes place people want to think they know all the facts, but they usually don't," said Tony Scheer, a Charlotte criminal defense attorney and former prosecutor. "When police and prosecutors decide that they don't have enough evidence to charge somebody I would hope that the community could accept that they're trying to do their job in good faith." Still, Scheer and other attorneys said the prosecutors' decision not to file charges should not encourage others to take the law into their own hands. "I don't think that's the message that's intended here, and hopefully that's not the message people will take from it," said Terry Sherrill, a defense attorney and former district and superior court judge. Prosecutors said Friday that McClure's wife suffered a heart attack hours after the home invasion and shooting. She is recovering. The robbers had held her at gunpoint upstairs and bound her husband, who was downstairs, with duct tape. Then they ransacked the home, making off with jewelry, a wallet and two guns. After they left, McClure broke free, grabbed a gun, and got into his van after watching the thieves head into woods across the street. According to Gilchrist's statement: "When McClure found the young men after the robbery, they ran toward his car and he fired a shot in the air to keep them away from him and his auto. But they kept running toward him, some in front and some in back of his car." When Fluker passed the vehicle, he began to turn toward McClure. His motions convinced McClure he was about to be shot, Gilchrist stated. McClure fired at Fluker but did not know if he had hit him. Gilchrist said McClure was the only witness to the shooting and that the physical evidence corroborated what the homeowner told detectives. The DA's office also said it was clear Fluker was one of the people involved in the home invasion robbery. "It is the burden of the state in a criminal case to prove beyond a reasonable doubt that a charged individual did not act in self-defense," Gilchrist said in his statement. "The state cannot meet that burden in this case as it appears from all the credible evidence that Mr. McClure feared for his life." In a recent similar case, police say Charlotte cab driver Albeno Maywal shot and killed 17-year-old robbery suspect Renaldo Smith this month. Police and prosecutors are still reviewing the case. Smith is the son of former NFL Atlanta Falcon player Reggie Smith. Staff writer Adam Bell contributed. |
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This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker
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Quoted:
This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker Looked like a class act 'fo sho' |
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Play stupid games, win stupid prizes. I don't condone what the dude did and he'll probably get jail time, but I can't say I feel bad for the idiots involved.
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His buddies in crime:
Check out his pic. A bunch of "bloods" standing with guns: Joseph Graves Tahjaue Wiley |
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Damn, common sense says McClure should have stopped at the end of his driveway, but I suppose he was all fired up, hope he's not charged.
BTW, WTF on the name: Tahjaue Wiley ![]() |
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Quoted: This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker no more ghetto space updates for him |
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DetailsStatus: Single DEAD Hometown: eastside of charlotte CEMETARY Orientation: Straight HORIZONTAL 6 FEET UNDER Ethnicity: Other ![]() Children: Someday NOT GONNA HAPPEN THANK GOD The old man fucked up. He left 3 of them alive. |
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Quoted: Play stupid games, win stupid prizes. I don't condone what the dude did and he'll probably get jail time, but I can't say I feel bad for the idiots involved. agreed for sure |
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Some people just need killin'. Unfortunately there are laws against it.
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Quoted: Damn, common sense says McClure should have stopped at the end of his driveway, but I suppose he was all fired up, hope he's not charged. BTW, WTF on the name: Tahjaue Wiley ![]() Hes old as fuck, watched his city turn in to a cesspool, cant even be safe in his own house, police are inept and do nothing but take reports... He had nothing else to lose. Good shoot, imho. I have a feeling you are going to see more and more of this. |
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He shouldn't be charged under the circumstances, but if charged there's no way I would convict him, he was terrorized by those thugs.
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Too bad that the old guy is getting charged for this. I think I may have done the same thing myself.
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It should be a good shoot.
Too bad the law doesn't reflect common sense. |
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Quoted:
Too bad that the old guy is getting charged for this. I think I may have done the same thing myself. So what will get him first, the courts or obamacare? LOL |
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This case will be very interesting to follow.
I hope McClure doesn't get charged, but it would have been nice if he'd had a piece and shot this thug inside his home. Hopefully, Marcus Antonio Fluker, was pulling a gun on McClure when he fired. If McClure was white there would be some rioting civil unrest going on in Charlotte right now. |
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I typed a couple of responses and deleted them for COC violations. (I like my account.)
I hope the old guy didn't do anything illegal. I don't think he did anything wrong. |
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its too bad he didn't eliminate all 4 of them. I support anyone getting rid of human scum, no matter what method. This guy is a hero and they should treat him as such.
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This is EXACTLY how things SHOULD work. We get rid of most police, and there would be much less crime.
Oh, can't happen. That would mean a weaker role for gumment. LOL!!! I say pin a medal on him. Then, make sure all of the shit bags take notice that their garbage must stop. |
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Elderly people with guns and nothing to lose....?
Hmm...sounds like recruits to me.
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Legally, bad shoot. Morally, good shoot. I fucking hate home invaders, especially the kind that pray upon old folks.
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Piss on Charlotte and piss on the eichmanns that arrest or charge the old man.
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Quoted: His buddies in crime: Check out his pic. A bunch of "bloods" standing with guns: Joseph Graves Tahjaue Wiley I sent a message to wiley. I really want to know what he says. what I said in the message would of got me banned here. |
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Sounds like a case of temporary insanity. Old guy should clam up and say it doesn't remember a thing that happened.
Don't jack with us old guys. We can't fight, so we'll just shootl your ass. |
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Quoted:
DetailsStatus: Single DEAD Hometown: eastside of charlotte CEMETARY Orientation: Straight HORIZONTAL 6 FEET UNDER Ethnicity: Other ![]() Children: Someday NOT GONNA HAPPEN THANK GOD The old man fucked up. He left 3 of them alive. This. Extenuating circumstances, I would not convict if on the jury. |
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thread hijack,
how do you guys find these peoples myspace pages all the time? |
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I love reading the myspace pages of people like this and then their friends pages, it is amazing how smart these people are
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Quoted:
Quoted:
His buddies in crime: Check out his pic. A bunch of "bloods" standing with guns: Joseph Graves Tahjaue Wiley I sent a message to wiley. I really want to know what he says. what I said in the message would of got me banned here. ![]() |
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Quoted:
It should be a good shoot. Too bad the law prosecutors and cops don't doesn't reflect possess common sense. Fixed. |
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Ya know these kids know that your limited in your rights to defend yourself against them. I think its messed up that they have more rights than you do. Hell all they have to do is face the other direction and you cant shoot em basically. The gang problems in this country would shrink in a big way if these punks knew there was a pretty good chance they would get perforated every time they did something wrong. They are like rabid pack animals, and we need a system designed to better put them in their place. Libtards live for kissing up to these criminals rather than aiding the victim.
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Quoted: This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker From the MySpace page: Last Login: 8/21/2009 Last login indeed. Good riddance, bad shoot. Hope the ol' guy gets off light for doing Charlotte a favor. |
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In my opinion, if someone breaks into your home and ties you up then robs you, it should be legal for you to chase them off your property and shoot them down like a dog in the street, even if your life is no longer in immediate danger.
If it were legal, there wouldn't be so many home invasions. Obviously, I don't plan on doing so myself because I don't want to go to jail, not because of any compassion for the criminals who tied up the old man. |
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Bwa HAHAHAHAHAHAHAHHAAAAAAAAAA. Ass Capped By Walt Kowalski age 77. Please put that on his tombstone. |
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Maybe if the thugs had pulled their pants up they might have all got away.
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Quoted: Play stupid games, win stupid prizes. I don't condone what the dude did and he'll probably get jail time, but I can't say I feel bad for the idiots involved. That sums up my thoughts on the subject quite well. They were all in the wrong. I can certainly understand why he did it, though. |
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Quoted:
This appears to be the poor soul's myspace page. Fuck him. http://www.myspace.com/marcusfluker ![]() Legally, the jury will say if it's a good shoot. |
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I would love to be on the jury . the only conviction they would get from me is littering
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