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Theft at night with unlikelyhood of retrieving property will get him off of the murder charge....

Felon in possession (if true) will still land him in jail for the max sentence. I believe that is a 5 year min 20 year max now, but it depends on how the code is read and whether there is an increase due to the killing.

If this guy is white, this is also going to be an insane and Nationwide-reported court case.