Murder or Self Defense?

Kenny Powers

Bulletproof Tiger
LOGAN, W.Va. (WSAZ.com) -- Some people call him a hero while others say he never should have taken the law into his own hands.

A restaurant worker from Logan County is charged with murder for shooting the man who robbed him Monday outside the Logan Walmart.

Logan Police say David Abbott threatened to cut Jesus Canul's throat and took his wallet.

As Abbott walked away, Canul pulled out a gun and shot him.

Abbott died before he got to the hospital. Police charged Canul with murder.

But, Abbott's family says this case didn't have to end this way.

In an exclusive interview with WSAZ.com, Abbott's brother says he doesn't excuse what his brother did in robbing someone, but says this shooting was totally unjustified.

Eugene Abbott says his brother "lost his life for a mistake he made."

Police charged Canul with murder even though they confirmed Abbott robbed him.

"Mr. Canul did not have to use deadly force to execution-style shoot my brother in the back of the head," says Eugene Abbott.

Since Monday, we've received more than 500 comments about this case on WSAZ.com

Some people have said things like, "This was not Jesus' place to take the law into his own hands."

But many more people have praised what Canul did saying it's a case of self-defense, and even calling him “a hero.”

Eugene Abbott has been reading the comments and says people are rushing to judgment on his brother.

"(Canul) could have easily went to (the police) and said he was robbed. My brother would have been arrested for what he did. He would not have had to lose his life the way he did," says Eugene Abbott.

He says his brother had mental health problems. He says he tried to get help but eventually turned to crime.

"He was not a bad person. He needed help. We tried to help him, but we were unable to," says Eugene Abbott.

Since Monday, he says his family's been torn apart.

The Logan County prosecutor is still looking into how self-defense plays a factor in this case.

Police say there are reasons to think it doesn't, but they're just not saying what they are.

More details may come out about where this case is headed when Canul is back in court next week.

It seems the lines between murder and self defense are blurred here. There are more and more supporters coming out for Jesus Canal, supporting his actions for self defense from a robbery.

David Abbott did come out Canal with a knife, but if reports are correct then he walked away soon after he robbed Canal. Canal then fired upon him several times before he got away.

Deadly Force is defined by police officials as the intention to cause serious bodily harm/death. Canal's supporters believe he is in the right, but the law says otherwise in this incident since Abbott walked away after he robbed Canal with a knife.

What do you think about this case?

Is Canal a victim or a murderer?

Was this an act of self defense?

Should Canal be convicted or set free?
 
Is Canal a victim or a murderer?

He's both. There were two crimes committed, one by each person. In the first crime, Canal was a victim. In the second, he's a murderer.


Was this an act of self defense?

No, it was an act of revenge; of taking the law into his own hands and dispensing "frontier" justice. Look, I hate that Abbott committed the crime of armed robbery and likely would have gotten away with it, because by the time Canal called the police, Abbott would probably have escaped. Then, they have to try and track him down by Canal's description of him. Failing that, they have to try to trace usage of Canal's credit cards, if Abbott is stupid enough to use them. The chances of ever catching up to him were slim.

But you can't kill someone unless they're trying to kill you, as much as you'd like to and as much as the public would have no sympathy for the guy who committed the original crime. In this case, one guy takes another guy's money.....and winds up losing his life. You might consider that a fair trade; but the law doesn't. You could say: Who cares what happens to the robber?.....and I feel the same way, but the law doesn't and the guy who kills is going to pay for it.


Should Canal be convicted or set free?

He has to be convicted. Perhaps he gets a lesser sentence because of the details of the case, but he still has to pay the price. Don't think I'm one of those bleeding hearts, because I have little sympathy for the dead guy. But once society starts allowing us to take the law into our own hands and self-decide how justice should be dispensed, how long will it be before we start seeing shoot-outs (a la the Old West) between people who have disputes over who has the right to a parking spot both were after?


What do you think about this case?

I have a total feeling of disgust for Eugene Abbott, who claims his brother David "lost his life for a mistake he made."

It wasn't a freakin' mistake! Yes, I understand why people's lawyers want them to confess to mistakes: they want the public to figure: "Well, gee, everyone makes mistakes. So I guess we should forgive David Abbott for his."

The problem here is that what David Abbott did was not a mistake. A mistake is someone making an inadvertent error; doing something wrong without realizing it was wrong.

For instance, if you're adding numbers on an adding machine and enter a wrong number, thereby getting the wrong total......that's a mistake. You didn't know you entered the wrong number, it wasn't intentional.

Further, if you inadvertently drive your car the wrong way down a one-way street, that's a mistake; a potentially lethal mistake, but a mistake just the same because you didn't realize you were doing wrong.

But David Abbott's crime? It wasn't a mistake because there was nothing inadvertent about it. He took a deadly weapon and set out to use it in threatening an innocent victim for the purpose of robbing him. Don't tell me Abbott "made a mistake." We shouldn't start thinking of David Abbott as a victim because of a "tiny lapse" in judgment.

You know what this is all leading to, right? If Canal is convicted of murder (in any degree), Abbott's family is going to be suing him when he gets out of jail. To me, this is the biggest miscarriage of justice of all: I say that if a person is in the midst of committing a crime and winds up getting hurt or killed, the person hurt (or his family) cannot profit by gaining damages from the other party.

In other words, if the law wants to convict Canal for murder....then do it. But don't wind up making Abbott's family rich by giving them damages for a killing that wouldn't have happened at all had Abbott not been in the process of committing a crime.
 
I don't really want to write an essay on this, as there's so many angles to cover, so I'll just give my raw feelings on the subject.

Perhaps Abbot didn't deserve to die for his crimes; but he was committing armed robbery. ARMED ROBBERY. He was threatening Canul's life with a blade to his throat, how do you think Canul was feeling when he had a knife blade to his throat not knowing if he was ever going to be able to take a breath of air again.

If this doesn't fall under self defense then lets just throw laws and the idea of justice out the fucking window. The victims family and the police act like it would be no problem rounding up the criminal, PALEEEEZ, like these kinds of crimes don't go unpunished everyday.

I do believe when you're planning to rob someone at knife point you've got to be prepared to be gunned down by the person you're robbing, it's part of the job, if you will.

The only REAL victim here is the guy who had his wallet stolen and is now going to have to go through the bullshit motions of a trial, all because some ass clown decided to put a knife to his throat and rob him of his hard earned money. The man took actions into his own hand, and probably saved the lives of countless others. This guy was an armed robber who was obviously going to strike again, and who's to say the next person robbed wasn't going to end up bleeding out on the concrete from a knife wound to the throat.

When we start protecting criminals like this, all fucking hope is lost.
 
If Canul would have found a way to shoot Abbott when he approached him with kinfe in hand or the knife against his throat it would have been looked at as selfdefence, but I think since he shot him as he was walking away after the crime took place it will be viewed as murder since he was no longer in danger.

People will say he didn't have to shoot him in the head, he could have shot him in the leg so he couldn't get away and wait till the police got there.
 
Is Canal a victim or a murderer?

He's both. There were two crimes committed, one by each person. In the first crime, Canal was a victim. In the second, he's a murderer.

I disagree. There are times and provisions where the legal system allows individuals who find themselves in imminent danger of losing theit life to take measures to ensure their lives are kept safe. I can't begin to imagine the feaar of death that arose when Canal was threatened with his life. If anything, what he did was instinctual, and likely saved lives.

Was this an act of self defense?

Looking at the case by the bsic tenants of the law, no. Abbott was running away according to reports, but whose to say he wouldn't have come back again. People are ssuming Canal should have done the rational thing, which would imply a rational state of mind. How in the hell is someone supposed to be rational when they've just had a knife to their throat and threatened with their life if they didn't turn over their hard earned cash? There's simply no way to look at this situation through objective eyes because most of us have never been there. I can't personally say what Ive had done in the situation simply due to the fact that Im not sure what my state of mind would have been in this case.

Should Canal be convicted or set free?
Convicted, I suppose. I dont advocate vigilante justice in any way, and essentially, thats what we had there.

As for murder, however? No, that's quite the stretch for me to wrap my head around. Id be fine with something along the ilk of voluntary manslaughter, something that carries a short prison sentence.

This is such a double-edged source here. On one hand, Canal broke the letter of the law. We have asinine laws in place that if someone breaks into our home we don't hve the "right" to use deaadly force against them, as I suppose we're to wait them out and see what their actions are. its not until our live is in impending danger that we can act. As if we should be both telepathic to know their next action, and wait until our life is being threatened, which often times can be too late.

Personally, if I was on a jury, and they brought a murder charge of ny kind to the table, Id vote not guilty. Murder doesn;t fit the crime committed here, although there's no doubt there was some crime committed here. It just sure as hell wasn't murder.

What do you think about this case?


Its simply another sad indictment upon our legal system. For a man who just had his life threatened to be told not to act out of a place of likely fear and incredible temporary mental instability(and Im not talking about the "mentally ill robber") is absurd. Still, we dont know state of mind here.

Im not sure how this man should have acted in this case. Its a situation where the disgust I feel for Abbott's brother saying "it shouldn't have turned out this way." Well, he's right. It shouldn't have. Mentally il or not, his brother should never have put himself in a position where he so badly threatened the life of someone else that he lost his own.

There was no mistake made here, the man robbed someone and threatened his life. If he wasn't prepared to lose it, he shouldn't have put himself in a position to do so. In the end, I don't look forward as to how this will play out. A likely conviction for Canal, and a wrongful death suit filed by Abbott's family. Truly messed up. It's truly a situation that hits hardest at the "daamned if you do or don't" idea that we've been forced to look at this case with. To me, the only victim here is Canal, not Abbott or his family. Unfortunately, how do you let Canal off here scotch free without sending a dangerous precedent? Unfortunately, upholding the letter of the law is in direct contrast with true justice here, and which one do you think will win?
 
It all boils down to one thing. He did NOT have to kill the guy. He could have easily incapacitated him with a gunshot to the leg or arm... he did NOT have to execute the guy. That's what it all boils down to... He had a choice in this situation and in my opinion, he made the wrong choice. NOTHING justifies this killing, because the situation had defused, Canal was unharmed and the suspect was walking away. Clear cut case of "He should NOT have pulled that trigger!"
 
I know no one wants to believe anyone on the internet so this may be pointless.

I live in Princeton, WV. About 2 hours from Logan County. My best friend is a State Trooper in Mingo county which is Logan's neighbor. In WV we actually refer to them as "Mingo-Logan" due to the similarities and proximities of the counties.

The outcry he and the department are dealing with over this on a daily basis is crazy. It's literally split 50/50 in the area. They are getting calls daily for people defending both sides and it's really drawing a divide in the region at this point.

I know this isn't answering the questions but i just thought i would give some local insight on how things are.

Mingo-Logan is an awful place. It's a small mountain township of sorts and drugs and theft run the town. It's actually where most recruits get sent after the academy to see if they can handle the most extreme of cases. Killing is almost a weekly thing there. That says a a lot in a small ass area with maybe and i mean maybe 10,000 people over a reasonably sized area.

My point is that locally and i guess now nationally this story is garnering attention. I personally understand being scared for your life. I think i would run. The shooting wasn't warranted.
 

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