Destiny USA shooter deserves justice, not punishment

Americans have always had a certain fascination with the apparent flaws in their country's criminal justice system. In recent years, shows like Netflix Making a Murderer have capitalized on this interest by telling stories of this system working at its worst.

However, what is currently happening to 21-year-old Kyree Truax is not only legal, but also quite common, and that is exactly the problem. It seems that our laws and practices are ill-equipped to deal with a situation like this with such vast areas of the moral gray area.

On November 29, 2019, panicked Black Friday shoppers rushed out of the Destiny USA mall after hearing gunshots inside. This incident quickly became the Destiny Mall Shooting, but the malicious motives behind this label were soon to be refuted. Security camera footage showed that the shooter, Truax, was brutally assaulted and appears to be firing his gun at his attacker. Her attacker received a non-fatal blow to the leg.

Truax was arrested shortly after the situation unfolded. In court, a grand jury ruled that Truax was acting in self defense, but Truax still faces heavy prison terms for several other offenses. The most serious being the criminal possession of a weapon, made even more serious by the fact that the weapon was loaded. Deputy prosecutor Anthony Margovski requests that he serve the maximum sentence, 15 years in prison.

The grand jury apparently held that it was justified to shoot with a weapon, but justification is not a defense against illegal possession of a weapon, said Professor Gary Kelder , who teaches at SUs College of Law.

He said the grand jury's decision on the assault charge against Truax did not necessarily help his case with the other crimes he was charged with. Speaking about the likelihood that the accused would actually have to serve this 15-year sentence, he said that, although the prosecutor recommended 15 years, the judge would make the final decision.

Legally speaking, the way this case unfolded seems to be both fair and according to the books. Its problem, however, lies outside of its technical legitimacy. As the jury decided, the mall's security footage pretty clearly shows Truaxs' motivation to be the defense of his life. While this does not mean much on its own, the absence of malicious intent is further reinforced by the fact that the injuries inflicted on Truax were ultimately not fatal. With this in mind, it is untrue that a 21-year-old man spends the next 15 years of his life in prison for possession of the weapon which he ultimately used to defend himself.

Lawyers and attorneys must focus on legality issues, but the rest of us are not as limited. We can focus on the real issues that often hide behind cases like this. It is important to remember the social dynamics that lead to these types of crimes. We can and must punish people who carry weapons without permission, but stopping there will only push a vicious circle that we don't even fully understand.

It is easy to see nothing in these kinds of stories, but a violent criminal receiving the punishment he deserves. What is more difficult to detect are the underlying factors that make stories like this happen. It is essential that we recognize some of the disturbing facts that lie beneath the surface: for example, it should bother us to hear that a 21-year-old man living in America felt so in danger that he felt the need to arm himself with a loaded weapon.

And then there is the punishment itself. Many watch prison and see a chance for a better life, but it is often much more likely that it is the end of one. Research has shown that the majority of prisoners will continue to break the law after serving his sentence, indicating that our system is simply ineffective as a method of rehabilitation. Instead, it turns inmates' mistake into their new lifestyle.

These things cannot be changed overnight. It can be difficult to see where there are solutions. This is why it is essential that we carefully consider situations such as the case of Kyree Truax. Although its legal conclusion has become predictable, its social implications do not have to be.

Published on March 9, 2020 at 11:45 p.m.