Another sad example this week. I've written on this topic a number of times, most recently in my piece on the Supreme Court's review of Castle Rock, CO v. Gonzales. This time a couple was gunned down in their own home by a nutcase who blamed them for his arrest on drug charges. Julie and Aeneas Hernlen, 31 and 29 years old respectively, were murdered by David Edward Johnson, 33, who later took his own life. He did not, thankfully, kill the Hernlen's 5 year-old daughter who dialed 911 after being woken by the gunshots.
The Hernlens tried to get an injunction against Mr. Johnson, who had threatened them before. The judge in the case was "very upset" about the slayings, but blamed his refusal to grant the injunction on too little information. However, Volusia county Sherriff Ben Johnson understands reality.
(T)he sheriff explained that the injunction may not have prevented the attack. "I don't really believe it would have in a case like this," said Johnson.There's one other way to stop it. Be prepared to do it yourself."An injunction is fine for someone who is willing to accept the rules. This individual here was set on taking action," he said. "The only way you could have prevented it would be to put him in jail and keep him in jail. There was nothing there to do that. When someone is bound and determined they are going to do a criminal act, it is hard to stop it."
It would appear that the Hernlens were not.
Time for that cartoon again:
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