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Criminal Law Keyed to Osler
United States v. Shaw
Citation:701 F. 2d 367 (5th Cir. 1983)
Kenneth Brinkley was driving his car down a secluded highway with his fiancé, his son, and her two children. They saw a parked pickup truck with its lights off near a rest stop, that was a red and white Ford with chrome trim. Immediately after they passed the truck, bullets struck the car. One went through of the children’s leg and another into a different child’s hip. Mr. Brinkley raced into town to get help and help police find the shooter. Defendant was apprehended in the same truck Mr. Brinkley described not far from the rest stop, after a chase that got to speeds of over 110 miles per hour. Defendant was initially arrested for speeding and driving while intoxicated. After a search was done of the truck, officers found four bullets on the floor of the driver’s seat and a fully cocked rifle hidden under the driver’s seat. Defendant claims he was deer hunting that day in his vehicle.
One of the children died in the hospital the next day of his gunshot wounds, and the defendant was charged with first degree murder.
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