Tuesday, November 2, 2010

Hasty Windup of A Killing

newspaper clipping amanda shafer scrapbook

Des Moines Tribune Wed. Nov 4 1959(? hard to read)
Law enforcement authorities of Des Moines and Polk county have brushed off rather casually, it seems to us, a killing in a local tavern last Saturday night.
Truman Osburne, an ex-convict with a long record of law violations, was shot and killed by Jessie Rodriquez, a bartender. Rodriquez told police he acted in self defense when Osburne "came over the bar at me like a wild man."
As early as Sunday the police, after consultation with the county attorney, had decided not to file charges against Rodriquez. Police say that Rodrique's story is corroborated by several witnesses. The county attorney agreed that the evidence did not warrant the filing of charges or presentation of the case to a grand jury.
The county coroner said no inquest was planned.
We have no reason to doubt the facts as reported by the police. But we are a bit uneasy, and we believe other citizens will be uneasy, at this hasty dismissal of a shooting in a tavern. There is always an element of uncertainty in a killing involving the motive of self defense. To decide, on the basis of a few interviews, and a few hours' investigation, that no legal action is required seems precipitate.
It would be in the public interest, as well as in the interest of Mr Rodriquez, that a public inquiry be held.
The wise procedure in a case of violent death is to hold a coroner's inquest. The purpose is to bring out the facts and to determine whether there is reason to believe a person has died by unlawful means. Established rules of evidence apply, and witnesses testify under oath.
The man killed in this case had an unsavory police record, with many arrests, mostly for fighting. The danger is that a person with such a record will be presumed to be in the wrong in every instance.
For the protection of all citizens, it is necessary that the full, slow, ardous investigative processes be carried out in every case of violent death.

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