By now, most of us have heard about the Baskin Robbins
armed robbery incident involving VCU art student David
Fielding. The controversy surrounding it is completely
ridiculous.
The case goes something like this – Fielding, the store
manager, fired the shots that killed an armed robber last
month. After the robber pointed a gun at Fielding and a
customer, Fielding gave him the money in the register.
Then when the robber ordered them to go to the back of
the store, Fielding opened fire and hit the robber, who
later died at the VCU Medical Center.
Richmond Commonwealth Attorney Michael Herring
announced that he would seek an indictment against
Fielding. Because nobody knows if the fatal shot was
fired inside or outside the store, Fielding won’t be facing
manslaughter charges. However, he might be charged with
recklessly discharging a weapon, a Class 6 felony which
could land him up to five years in prison.
First of all, five years is an awfully long time to punish
a young person who was simply acting in self-defense.
When the incident was still breaking news, reports stated
Fielding bought a 9 mm gun after an Aug. 14 robbery
he had witnessed at his store. This turned out not to be
true; in fact, Fielding had purchased the gun this past
spring.
Secondly, the gun that had been pointed at Fielding and
his customer was actually a BB gun made to look like a
9 mm gun. So, although the gun was a fake, the robber’s
intentions to harm were the same. Fielding’s decision to
protect the customer and himself was in his best interest
and can hardly be considered reckless discharge.
Nearly everyone reviewing this incident refers to the
Virginia law that allows people to use deadly force in
self-defense only when their safety is threatened. Of all
people, Herring should be able to recognize self-defensive
acts. Granted, playing devil’s advocate is part and parcel
of the law profession. But Herring should be able to
distinguish that Fielding, professionally and personally,
was trying to do the right thing. Fielding is not a
gun-wielding, trigger-happy individual. Herring’s move
to spend taxpayers’ dollars for a grand jury to hear this
case is absurd.
Third, Herring has seen the petition supporting
Fielding signed last month by more than 500 Stratford
Hills businesses and residents. The petitioners know the
Fielding incident was one of many armed robberies in
a high-crime area.
Instead of condemning the one person who should
be a hero, shouldn’t prosecutors use their energy and
resources to improve safety and reduce crime? When
that petition gets started, send it my way.