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Spirit of the law.


In Lawrenceville, Georgia Lawrenceville is the county seat of Gwinnett County, Georgia, in the United States. The 2000 census recorded the city's population as 22,397. The Census Bureau estimates the 2005 population at 28,393. , 17-year-old Alrazi Basher The term basher may refer to the following:
  • A person who participates in bashing
  • In the Planescape jargon, basher is a neutral reference to a person.
  • In the United Kingdom, basher is a railfan whose particular interest is in riding trains ("haulage").
 was doing a criminal's version of shopping, breaking into houses and taking whatever he wanted, when the owner of one of the houses came home.

When Ronald Ramsey returned to his house, he noticed Basher inside robbing it. Ramsey went to his car and retrieved a pistol. At the same time, Basher exited from the house and walked to an SUV parked on the street; Ramsey opened fire, shooting four times, hitting Basher once in the stomach.

Basher managed to flee in the SUV, knocking over a street sign as he fled. Basher drove to a friend's house, and the occupants of the house called 911. Police said that the "SUV that Basher used to drive to a friend's house had been stolen from Lawrenceville. Officials said they found stolen property from other burglaries inside the vehicle," reported WSBTV.com.

On June 5, the police department decided not to file charges against Ramsey because, as they said to the Gwinnet Daily Post, "there was no overt Public; open; manifest.

The term overt is used in Criminal Law in reference to conduct that moves more directly toward the commission of an offense than do acts of planning and preparation that may ultimately lead to such conduct.


OVERT. Open.
 violation of criminal law." (Emphasis added.)

In contrast to the police department's interpretation of Georgia law, which emphasized the spirit and intention of the law, Gwinnet County District Attorney Danny Porter seems to be interpreting the law according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 a narrowly defined letter of the law. As reported in the Post article, Georgia state law "mandates that deadly force An amount of force that is likely to cause either serious bodily injury or death to another person.

Police officers may use deadly force in specific circumstances when they are trying to enforce the law.
 is justified only if entry to a home is made in a 'violent and tumultuous manner for the purpose of assaulting someone in the dwelling, or if force is necessary to prevent the commission of a felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. .'" Porter has ordered the case reviewed because the shooting happened outside the house.

Basher was charged with felony burglary and theft, and is in stable condition in a hospital.
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Article Details
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Title Annotation:Georgia law
Author:Williamsen, Kurt
Publication:The New American
Article Type:Brief article
Geographic Code:1U5GA
Date:Jul 10, 2006
Words:297
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