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Burke area man kills neighbor because of speed bump - WP


Dan T.

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A neighborhood dispute over a new traffic speed hump that apparently led to a June fistfight allegedly led a Fairfax County man to invade his neighbor's home and shoot him to death Sunday night, Fairfax police said.

Stephen A. Carr, 48, lived in the 6800 block of Field Master Drive in the Burke area. He frequently expressed concern about traffic speeding through his quiet neighborhood, in part to cut through to the Fairfax County Parkway.

So Carr, working through County Supervisor Pat Herrity's office, had a speed bump installed almost in front of his house.

This enraged some drivers, neighbors said, and some would honk their horns as they drove past Carr's house. Police said David A. Patton, 44, was particularly upset, and in June he was arrested after allegedly assaulting Carr outside his home.

Patton's trial for misdemeanor assault was set for Thursday. But on Sunday night, police said, Patton burst into Carr's house with a gun while Carr and his girlfriend were watching television shortly before 10 p.m.

Patton allegedly ordered Carr and his girlfriend to the floor and tied their hands with zip ties, according to a search warrant affidavit written by Fairfax homicide Detective Robert A. Bond. But when Carr tried to get out of his ties, a struggle ensued, and Patton shot and killed Carr, police said.

The girlfriend ran out of the two-story house off Sydenstricker Road, but Patton reportedly followed her and forced her back inside, Bond wrote.

While they were inside, the affidavit states, a man who also lives in the house with Carr arrived home. Patton allegedly ordered him to lie on the ground, but then was momentarily distracted, and the roommate ran out of the house with Patton in pursuit, Bond wrote.

Meanwhile, Carr's girlfriend ran upstairs and dialed 911. Police responded quickly and sealed off the neighborhood. When they closed in, they found Patton in the backyard of Carr's house carrying a backpack containing zip ties and a revolver.

Patton was charged with second-degree murder. He is being held in the Fairfax jail without bond.

David Patton

PH2010091304613.jpg

Rest of article: http://voices.washingtonpost.com/crime-scene/tom-jackman/fairfax-homicide-linked-to-roa.html

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Second degree murder? Are you ****ting me? The guy goes over with a gun and ties, and he's only being charged with 2nd degree murder? Our justice system is a joke.

Seriously! What do you have to do to get a first degree charge? Thoroughly explain your evil plot down to the last detail like a villain from a James Bond movie?

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And he did it during the Redskins-Cowboys game, too. Isn't there an additional charge for that?

Seriously, though, there's some people out there who really feel entitled to a whole bunch of things.

We had speed bumps installed in our neighborhood, several years ago. And we had a big problem with people driving across people's lawns, to go around the speed bumps. I know people hate the damned things. I hate the damned tings. (Feel like I'm being punished because other people won't drive rationally.) But still, this is, to put it mildly, nuts.

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Re: Second degree.

Maybe the prosecution thinks that they can't prove that the guy didn't go there "to scare him", and that the death occurred because the victim resisted.

(Yeah, I know. I feel icky just typing that. "It's the victim's fault for resisting." Just trying to come up with a possible explanation.)

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(Yeah, I know. I feel icky just typing that. "It's the victim's fault for resisting." Just trying to come up with a possible explanation.)

Get that stupid **** out of here with "victim's fault. It's in his OWN home, and there is absolutely none, zero, zilch, nada explanation for this crap. The fact he went with ties and a loaded gun meant more than him just "trying to scare". Kidnapping, breaking and entering, where are those charges? (among the few not listed) You don't break into a guys house (you've already had physical conflicts with) with a gun and ties "just to scare" him. I don't buy and and I'd rather not people even remotely come up with a idea (like you did) or reasoning to it. There isn't any. Simple as that.

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Patton is an idiot. Killing somebody over a speed bump is outragous. Now if Car had been cruizing in the left lane of the beltway, or was a prius driver; that I could understand.

Remembering some spy book I'd read. (Don't remember the book, just this one thing.)

It opens with some bureaucrat in DC being killed by a sniper as he's driving on the beltway.

As the cops investigate, among other things, they're looking for who knew the guy, motives, things like that.

And all of the witnesses keep saying "Well, he used to always drive 55 in the left lane on the beltway".

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I used to live in that area. I'd like to know more about the original assault; is it certain it was due to the speed bumps or maybe he had some other beef? (Clicking through the article, looks like it).

You gotta be kidding me about this type of crap. If you don't want the speed bumps installed then work through the democratic process to stop them from getting installed. There's obviously a process and traffic study.

This guy should be charged with FIRST degree murder as well. If this was a pre-meditated crime, he saved his girlfriend's life.

People are way too stressed about little things...

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I used to live in that area. I'd like to know more about the original assault; is it certain it was due to the speed bumps or maybe he had some other beef? (Clicking through the article, looks like it).

You gotta be kidding me about this type of crap. If you don't want the speed bumps installed then work through the democratic process to stop them from getting installed. There's obviously a process and traffic study.

This guy should be charged with FIRST degree murder as well. If this was a pre-meditated crime, he saved his girlfriend's life.

People are way too stressed about little things...

Here's a Post article explaining the 2nd degree charge:

On the issue of second-degree murder: Fairfax prosecutors and magistrates routinely issue this charge when it is being done quickly. They can upgrade it to first-degree murder at the grand jury stage, when they know more. This shooting happened late on a Sunday night, and by the time the police were ready to get a warrant it was probably past midnight. At that point, they may not have had all the background to file murder one, so why bother. The longtime prosecutor, Robert Horan, always said that a murder charge in Virginia is automatically considered second-degree unless otherwise specified. The jury will decide.

http://voices.washingtonpost.com/crime-scene/virginia/why-second-degree-murder-in-va.html

As to whether there was another beef besides the speed bump, this comment was posted on the TBD web site concerning the story:

"There is absolutely no excuse for this murder. But with that said, if Mr Carr didn't like the way you drove up Field Master, he would chase you down in his car, get out, pound on your window and yell at you. He was acting as the neighborhood traffic cop. He really didn't like it if you drove past him and he was parking his car on the side of the road, even though there is (in my opinion) plenty of space to pass. I am glad his neighbors liked him, but to some of us, he was really scary."

http://www.tbd.com/articles/2010/09/man-shot-killed-in-springfield-10176.html

...not to blame in any way the victim, but to give some possible explanation as to how this thing could have escalated so.

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Second degree murder? Are you ****ting me? The guy goes over with a gun and ties, and he's only being charged with 2nd degree murder? Our justice system is a joke.

I think they key there is that the story says the victim was shot "during a struggle." For first-degree murder, they'd have to prove that the shooter had the intent to kill beforehand. And while the obvious response to that is, "He went over with a gun and tied the dude up in his basement! Of course he planned to kill him," the shooter can say that he was only trying to intimidate him, and there really isn't evidence to show that he wasn't.

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If you don't want the speed bumps installed then work through the democratic process to stop them from getting installed. .

Or just take a shovel and go out at around 4am and rip it up. It's just loose asfault on top of asfault. The three in my neighborhood came right up..

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As to whether there was another beef besides the speed bump, this comment was posted on the TBD web site concerning the story:

"There is absolutely no excuse for this murder. But with that said, if Mr Carr didn't like the way you drove up Field Master, he would chase you down in his car, get out, pound on your window and yell at you. He was acting as the neighborhood traffic cop. He really didn't like it if you drove past him and he was parking his car on the side of the road, even though there is (in my opinion) plenty of space to pass. I am glad his neighbors liked him, but to some of us, he was really scary."

http://www.tbd.com/articles/2010/09/man-shot-killed-in-springfield-10176.html.

There's a reason why, as I understand it, the vast majority of murders are committed by spouses or people in similar relationship.

Living in close proximity with other people, minor irritations have a way of becoming major ones, over time.

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