Debate Magazine

Is Emptying the Gun Evidence of 1st Degree Murder?

Posted on the 08 March 2015 by Mikeb302000
NumberofShotsIrvinFaison
Ammoland
There is a joke that goes around the gun culture. After a defensive shooting, an attorney asks the person who was defending themselves “Why did you shoot him six times?” The stock punch line is: “Because I ran out of ammunition.”
 
The best humor has a lot of truth in it. In the highly charged atmosphere of a life and death defensive shooting, few people are able to count their shots. It is extremely common for people to empty their guns while attempting to stop a threat.
There is a phenomena that commonly occurs in life and death situations called tachypsychia. You perceive that time slows down, even though things are happening very fast.
An expert can empty a fully loaded .45 in less than a second. A person who is hit in the chest, even with a shot that hits the heart, can easily have 10-20 seconds of active life, just on adrenaline and the oxygen that is already in the blood supply. Hunters of big game, such as deer can easily understand this. It is common for a deer shot through the heart to run a hundred yards before they fall over. I have seen this phenomena many times.
It is common for people to be hit multiple times, very fast, before they fall down. They may be dead with the first shot; but they do not know it yet.  It is easy for a person to empty their gun before their assailant drops. I doubt that Ann Baskervill has spent much time considering the finer points of the dynamics of defensive use of firearms. I say this with some confidence because of her recent statements.
From progress-index.com:
Ann Baskervill, the Dinwiddie County commonwealth’s attorney, said 18-year-old James Faison fired eight rounds at his father with a .45-caliber handgun, with six shots hitting the victim.

“He emptied the gun, the only reason he stopped shooting is because it didn’t have anymore ammo,” Baskervill said.

It is for this reason that she has charged Faison with first-degree murder, which could land the young man in prison for the rest of his life plus three years.
The case is in process. The father, Irvine Faison, was a big man, 6’4″ and 250 lbs. He had a history of domestic violence charges, and was once sentenced to 11 months in jail, of which he served one month before being released on parole. Irvine Faison’s  brother Michael Baumgras made this claim:
“It was senseless, that’s it overall,” Baumgras said. “If you were going to try and claim self-defense or something, why did you have to unload the clip in him? You could’ve just shot one time and that would have been enough.”

The concern with James Faison emptying the gun on his father is exactly why the Dinwiddie Sheriff’s Office and Dinwiddie Commonwealth’s Attorney office are pursuing first-degree murder charge.


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