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Acting under intense provocation


Euler
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CWBChicago

CWBChicago said:

...

Judge John Lyke ordered Maria Gomez held without bail after her defense attorney said she acted out of "intense provocation."

 

CPD surveillance video shows a woman wearing a leopard print dress firing a gun at 455 North LaSalle around 10:21 Sunday night, shortly before the 32-year-old victim walked up to a group of people outside Boss Bar, 420 North Clark, and said he'd been shot in the neck, Assistant State's Attorney Darryl Auguste said.

 

As three bystanders treated the bleeding man's injury, a woman in a leopard print dress walked up and shot the victim again at point-blank range in his back, according to Auguste. Once again, the shooting was captured by surveillance cameras.

 

Police responded to the sound of gunfire, and witnesses directed them to Gomez, who was wearing a leopard print dress and flip-flops about a block away on Kinzie Street, Auguste said. Cops allegedly found a loaded handgun in her purse. One shell casing was found outside the bar, and five more were found on LaSalle Street.

 

Auguste said the second bullet entered the victim's back, lacerated his liver, and exited through his abdomen. The man underwent surgery and is still hospitalized.

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On Sunday, Gomez was "acting under intense provocation" when she shot the man, [private defense attorney Mike] Krejci said. He claimed the victim approached Gomez and her girlfriends outside a bar, struck Gomez's shoulder and chest, and followed the women before he was shot.

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On 9/1/2021 at 1:22 PM, Jeffrey said:

The new forum update needs a like button for posts like this^^^

Yes it does.  The software is capable of displaying the following buttons:   Like,  Dislike,  Thanks (it's a trophy),  Love, Ha-Ha,   Confused,  Sad, Wow,  and Angry.  

 

It's interesting to see the counts for the various symbols, and saves a lot of time.

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On 9/3/2021 at 5:16 PM, Bubbacs said:

Intense provocation?

 

 https://apple.news/Ap6jjgGfYQYykWgLyLei3Bw

 

Direct link without the click-tracking: Fox News

 

The Fox story doesn't say if the perpetrator is claiming justified self-defense, but the woman (or her lawyer) in the OP is (or was).

 

The story in the OP is an example of why an affirmative (legal) defense (like self-defense) once required defendants to prove their innocence, rather than requiring a prosecutor to prove their guilt. Gomez would have had to prove she fired in self-defense. In this case, I think a prosecutor wouldn't have any trouble convincing a jury that her last shot, at least, was hardly self-defense. Provocation alone is not an affirmative defense. It's more like an honor killing.

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