Man accused of shooting car break-in thief indicted for second-degree murder

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A Richmond man was indicted today on a second-degree murder charge for shooting and killing someone who was breaking into his girlfriend's car in the city's Church Hill neighborhood.

A grand jury indicted Eric G. Driver, 25, of the 500 block of North 22nd Street, in the shooting death of Jamall Holman, 24, on April 22. The grand jury issued indictments against Driver today for second-degree murder and felonious use of a firearm in the shooting of Holman, who lived in the 1700 block of Forest Glen Road in Henrico County.

Richmond prosecutors say Driver crossed the line by shooting Holman three times to protect property. His defense attorney, John W. Luxton, has argued that Dixon reacted instinctively because his girlfriend was frightened and thought she was in danger.

Luxton could not be reached for comment today.

-- Michael Martz

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Flag Comment Posted by Will on July 07, 2009 at 9:49 am

Property is property. It’s ephemeral, unessential, inanimate, and unimportant compared to any human life—even one of “them.“ Civilized countries don’t allow vigilantes to willfully slaughter human beings to protect property. Gun nuts apparently think it’s cool.

The word property goes back to the same Greek root as “idiot.“ People who think their property is more important than someone else’s life are truly idiots.

Flag Comment Posted by citycynic on July 07, 2009 at 9:07 am

For those who say the criminal (he was not a victim) was running away and shot in the back - Fox News reported last night that he may have actually been shot in the chest first. Did anyone hear more on that? It was just a quick sound bite at the end of the story. I’m just curious if there are more details.

Having said that, it’s really a moot point and TheGoodShepperd is right - don’t break the law and you won’t get shot. And while we’re on the subject, when the police tell you to stop and put your hands up, follow orders and you won’t get tased or shot.

Flag Comment Posted by frojunk on July 07, 2009 at 9:01 am

I would shoot to harm (you would rarely know if this action will actually kill the victim given that it is dark, etc) simply because the thugs in the city willing to break in and steal your property will no doubt come back for revenge if someone has the audacity to confront them.  I wonder if the race of shooter / victim has anything to do with this?  I love it when the bad guys lose to gun toting “victims” - I say gun laws should be mandatory - every adult should carry.  Best crime reduction strategy out there!

Flag Comment Posted by TheGoodShepherd on July 07, 2009 at 8:39 am

Don’t commit crimes and you won’t get shot.

Flag Comment Posted by GodFather on July 07, 2009 at 8:06 am

The “Victim” is not innocent.

Flag Comment Posted by VaResident on July 06, 2009 at 5:24 pm

The charges are appropriate.  This was murder, the victim was running away.  If the victim had broken into the house, then you can shoot, if you feel threatend, unless he turns and runs, then you call the police. You can not shoot a person fleeing from you! That shows rage(revenge), your goal should be to stop the act.

Flag Comment Posted by jimbo08 on July 06, 2009 at 4:43 pm

Here is a classic case of disparity between rich and poor.  A rich man could go to any DCJS registered Security Agency, and contract that agency to supply a uniformed and armed guard charged with the duties of protecting the man’s car (as well as his girlfriend’s) from loss or damage.  That (expensive) guard, posted at the place where the cars were parked, could use deadly force to protect the private property he is entrusted to secure.  However, financial necessity forces the poor man to be a ‘do it yourselfer’.

Additionally, I don’t understand the issue of whether the perp was armed.  Anyone wantonly engaged in a criminal act should be presumed to be dangerous – especially by a property owner confronting the criminal.

Flag Comment Posted by MeToo on July 06, 2009 at 4:07 pm

Lets not forget the report that the wannabe car thief was shot in the back as he ran away and that Driver chased him down the street shooting at him repeatedly.

Why bother shooting him if he’s already fleeing on foot?  Just call the cops and go get ‘the club.‘

Neither man is innocent and both are clearly hot headed idiots.

Flag Comment Posted by Jim23832 on July 06, 2009 at 3:57 pm

This is tragic.  But, if he and his girlfriend felt threatened by this criminal, he had the right and duty to defend himself and his girlfriend.

Flag Comment Posted by Question Govt on July 06, 2009 at 3:28 pm

jnewll: The answer is simple: Virginia has a system of laws which, generally, does not support the use of deadly force to defend property.

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