Self-defence ruled out for French jeweller who shot thief

[TellMeWhy]

Agence France-Presse
September 13, 2013 11:15

Self-defence ruled out for French jeweller who shot thief

A French jeweller who shot dead a teenager fleeing his shop with stolen gems was Friday facing a likely murder charge after a prosecutor decided he had not acted in self-defence.

In a case that has triggered a national outcry, Stephan Turk, 67, appeared before two examining magistrates who must decide whether to formally indict him for homicide, a crime that carries a 30-year prison term.

Nice prosecutor Eric Bedos told a press conference here that he had requested that Turk, who has no previous record of criminal activity, be placed under house arrest and electronically tagged while a murder investigation proceeds.

"On the basis of the investigation so far and what we have noted and heard, my belief is that the evidence shows that this gentleman's deliberate act resulted in the death of this wrongdoer," Bedos told a press conference in the Riviera city of Nice, where the shooting happened on Wednesday morning.

"Even in circumstances such as these, life absolutely has to be preserved," he said, arguing that Turk's life had not been in immediate danger when he fired his unlicensed handgun.

The jeweller fired just moments after having been held up at gunpoint, punched and kicked and forced to open his safe by two robbers wearing motorcycle helmets.

As the robbers made off on a scooter, Turk emerged from his shop and fired three shots, fatally wounding one of the two thieves. The victim, an 18-year-old who has been identified only by his first name, Anthony, had a string of previous convictions.

Bedos revealed that the jeweller disputed the notion that he acted voluntarily, arguing that there had been extenuating circumstances because he had just been subject to extreme violence.

Turk has been the subject of an extraordinary outpouring of support on the Internet, with nearly half a million people having "liked" a Facebook page set up to defend him by Friday afternoon.

The reaction to his case appears to reflect widespread exasperation in France with current levels of gun crime and a perception that the perpetrators of violent robberies get off too lightly.

"He should have killed them both," was among the comments posted on the "Support the Jeweller of Nice" Facebook page.

Another contributor wrote: "The jeweller will be tagged straight away while the robber had 13 convictions and was free and untagged... soon he will be condemned to death and his killer will be a martyr."

 

[Vermin]

Self-defence or murder? French jeweller charged

AFP September 14, 2013, 7:37 pm

NICE, France (AFP) - A French jeweller who shot dead a teenager who held him up at gunpoint was under house arrest at a secret location Saturday after being charged with his murder.

Stephan Turk, 67, shot his 18-year-old victim in the back as he and another robber were fleeing on a scooter with gems stolen from Turk's shop in the centre of Nice on the French Riviera.

The thieves had punched and kicked the jeweller before forcing him to open his safe at gunpoint, behaviour that Turk's supporters believe should be taken into account when judging his heat-of-the-moment decision to run after them and fire three shots as they sped away from his shop.

The two examining magistrates in charge of the investigation did not agree. After a court hearing, Turk was charged with murder on Friday evening but released from custody on condition that he stays at an agreed residence and wears an electronic tag.

"Armed, aggressive thugs attacked me," Turk said in a brief statement to French television. "I regret what happened, I regret that he is dead. But it is him who decided to do what he did. It is normal that I would defend myself."

If convicted of voluntary homicide, the jeweller could spend the rest of his life in prison, and his fate has triggered a national debate over what constitutes reasonable self-defence.

By Saturday morning, a Facebook page set up in Turk's support had attracted nearly a million "Likes".

French law allows for killers to escape conviction for murder if they can show they acted in "legitimate defence".

But the prosecutor who recommended Turk be charged does not believe that can be applied in this case as the jeweller's life did not appear to be in immediate danger when he fired an unlicensed semi-automatic pistol.

The jeweller reportedly told the magistrates that he had fired his first two shots with the intention of demobilising the scooter and a third one in response to his victim threatening to shoot at him with a rifle.

The dead teenager had a string of previous convictions for assault, theft and driving offences.

The strong reaction to the case reflects widespread exasperation in France with current levels of gun crime and a perception that the perpetrators of violent robberies get off too lightly.

Mainstream politicians have generally avoided comment on the case, saying it is a matter for the courts. But it has been seized upon by the far-right Front National.

"When people feel obliged to defend themselves with such dramatic consequences, it is a sign that they no longer have any confidence in the state or the forces of order," FN leader Marine Le Pen said Saturday.