A day in the life of the Appeals Court

The Minnesota Court of Appeals ruled today that if someone shoots somebody, they can be given a harsher sentence for not helping them with their injury.

The court ruled in the appeal of Clemmie Tucker Jr., who was convicted of second-degree murder in the death of Angelina Garley. According to the court, left a Minneapolis bar in June 2005 with Angelina Garley, played cat-and-mouse with their vehicles until — when they stopped in a residential neighborhood — Tucker walked up to Garley’s car and shot her. She died at the hospital.

Tucker was sentenced to almost 19 years in prison, rather than the 12 1/2 years under the state’s sentencing guidelines because he didn’t check on Garley’s condition after firing his gun into her car.

Tucker argued that he didn’t know he wounded Garley, so he couldn’t be held responsible for not checking to see if she was OK.

Appeals Court Judge Gordon W. Shumaker didn’t buy the argument, writing that Tucker’s “cruelty — beyond that of the crime itself — was his indifference as to whether (Garley) was in fact injured and needed medical attention. The special cruelty of such indifference is clear because it can mean that the offender not only inflicted serious injury, but also deprived the victim of at least a chance to survive the injury.”

Here’s the complete ruling.

  • Kim E

    If you shoot someone….isn’t it pretty even money that that person was wounded??? I’m with the Appeals Court on this one, that’s a pretty silly excuse.

  • Heather

    Well, if you SHOOT at somebody, isn’t it kind of implicit in the act that you INTENDED to hurt them? And if so, why would you check to see if they’re ok? I think it seems silly to ADD to a sentence for not checking. Why not make the sentence harsher, with time off for getting the person some medical attention afterwards?

  • Bob Collins

    I suppose the other question is why would you plea bargain this down to second degree murder?

  • kennedy

    Looks to me like the sentence was adjusted to account for the first-degree nature of the second-degree conviction.

  • The

    Angelina Garley was MARRIED,was legally drunk,and has previously been arrested for violence towards men. Mr Tucker was NOT married so he can date who he wants, a US Marine vet of the war in Iraq,with no criminal history of violence,and was carrying his gun legally(he had a permit). Mr Tucker claims Angelina tried to run him over with her car when she found out that he had other women. There was a single shot through the windshield, not the drivers side. Is’nt Mr Tuckers claim of self defense at least possible considering the comparisons of the two crimal historys? Let the truth be known.

  • lpritchett

    I think he got less then what he deserved. There are facts the general public do not know about this case. All everyone seem to care about his life has been affected. What about anglina’s children who now have to grow up without there mother. What about anglina’s mother, father, brothers and sister that had to bury there loved one.

  • elijah

    He shot my mom when i was at the age of 7 i had a younger sister and older brother …im 13 now with no mother figure in my life

  • elijah garley

    I regrett every moment i spent with him. watching my mom go into the cold and lonely ground.. hundreds of hearts filled with sorrow because of one mans stupidity.it was false that she tried to run him over and he got less time than he deserved,but the bible has taught me to forgive and forget.

    You can find me on facebook @eli garley

  • elijah garley

    I regrett every moment i spent with him. watching my mom go into the cold and lonely ground.. hundreds of hearts filled with sorrow because of one mans stupidity.it was false that she tried to run him over and he got less time than he deserved,but the bible has taught me to forgive and forget.

    You can find me on facebook @eli garley

  • mosheangel

    When some carries a deadly weapon and being ex-military,You would think he’d have some level of integrity and compassion for Angelina. Anyone who fires a handgun takes a chance of inflicting bodily harm. I strongly agree with the decision,,the least he could have done was see if Angelina needed help,,,they were dating. Why should he get a second chance. Angelina doesn’t get a second chance,, to be a mother, daughter, sister and friend. Sadly this case is an example of “If I cant have you no one can” mentality. Angelina was a beautiful, intelligent, classy woman and she will be truly missed.

  • dre

    This man, I could never forgive myself because of this man. Not only do I need to fight daily to push my anger and hate aside, I must also bear the agony of watching my brother… and sister..grow up without their mother, my aunti struggle everyday fighting her pain because some took her sister… our friend and family, our flesh, our blood. This man, is way I walk this road, filled with hate and pain.