Stolen Game Console Leads to Attempted Murder
May 25, 2022 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share
Even in the case that a murder does not take place, attempted murder is still an extremely criminal charge in the state of Florida. There are serious consequences that can come with an attempted murder conviction.
A stolen possession has led to an attempted murder charge in Tallahassee, Florida. What started as three men hanging out led to an alleged stolen game console, and almost ended in death. We will cover what happened to lead to a man’s arrest for attempted murder and possession of a firearm by a convicted felon.
What was the Incident?
On May 14th 2022, the Tallahassee Police Department were called to the scene after a man had been shot multiple times, and left with serious injuries. There was a trace of blood along the streets in Palm Beach, where investigators found a cell phone, bike, and 10 used shell casings.
The victim was still alive but suffered from multiple gunshot wounds. While he was getting medical treatment, the police asked the victim questions regarding what had happened. The man claimed he was shot by someone who was referred to as “Fat Man.”
The victim described how the confrontation all started with a stolen gaming console. The two days leading up to the shooting were spent at a friend’s house, where Herbert McBride, or “Fat Man,” 29, had also been. When the victim woke up on Saturday, he found that McBride was gone, along with his gaming console.
Later on, the two argued about the missing belongings, but there was no physical altercation at first. Later on in the day, the victim was riding his bike along Saxon Street when he stopped after sighting McBride again.
McBride asked the victim for a cigarette, to which the man once again brought up the stolen property. Supposedly McBride started to walk away, but then turned around and took out a handgun. He proceeded to fire off the gun, which hit the man in both arms, his left thigh, right foot, and his chest.
Police were able to track down and arrest McBride, who now faces charges of attempted first-degree murder, along with a charge for possession of a firearm by a convicted felon.
The victim has survived his injuries, and McBride currently remains in the custody of the Leon County Detention Facility without bail.
Attempted Murder in Florida
Florida Chapter 782 covers homicide, with various subsections. A conviction of a homicide, or the attempt of committing a homicide, is considered a violent crime in Florida. A first-degree murder charge is one of the harshest in the state of Florida, resulting in possible life in prison or the potential of the death penalty.
To prove first-degree attempted murder, the prosecutor will have to prove the following at trial:
- Defendant did some act intended to cause the death of the victim that went beyond just thinking or talking about it.
- Defendant acted with premeditation to kill.
- The act would have resulted in the death of the victim except that someone prevented the Defendant from killing the victim or he failed to do so.
There are possible defenses to such violent crimes, which include self-defense, defense to others, or defense of property. To read more about murder and violent crimes, find our blog here.
Possession of a Firearm by a Convicted Felon
Under Florida Statute Section 790.23, it is unlawful for any individual to own or have in their possession, custody, or control any firearm, ammunition, electric weapon or device, or to carry a concealed weapon—including a tear gas gun or device, if the person falls into the following categories:
- The individual has been convicted of a felony in the state of Florida;
- The Florida court has found that the individual has committed a delinquent act that would be a felony if committed by an adult if the defendant is under 24 years-old;
- The defendant has been convicted of committing a crime against the U.S. defined as a felony;
- The defendant has been found to have committed a delinquent act in another state that would still be considered a felony if it was committed by an adult and which was punishable by imprisonment for a term excluding one year, and such person is under 24 years-old; and
- The defendant was found guilty of an offense that is considered a felony in another state and which was punishable by imprisonment for more than one year.
The penalty for possession of a firearm by a convicted felon is a first-degree felony, which includes harsh punishments including a fine up to $10,000 and imprisonment for a term of years not exceeding life imprisonment.
To find out more about possession of a firearm or other types of firearm charges in Florida, find our blog post here.
Finding a Defense Attorney in Tallahassee, Florida
If you or a loved one have been accused of any crime in Florida, it is extremely important to prioritize reaching out to a skilled Florida defense attorney in your area. Understanding the harsh penalties that come with a criminal conviction is just as important as working towards a strong defense. Don Pumphrey and his team at Pumphrey Law Firm have experience representing clients all across Leon County and the state of Florida for various criminal charges. We understand how stressful dealing with a criminal charge can be, and we will work tirelessly to try to ensure your freedom. Call (850) 681-7777 or leave an online message today for a free consultation.
Written by Karissa Key