2001-07-27
Justin Shamire White
Justin Shamire White shot and killed David Berliner, Jr in the course of attempting to shoot two other men, Bobby Hill and Jerry Hill
A fight broke out at a night club where White, the victim, and the Hills were in attendance. White was seen waving either a .380 or 9mm handgun in the air.
The club's bouncer and manager grabbed White, moved him to the front of the club and threw him out.
Within seconds of throwing out White, three to five gunshots were heard. A bullet struck the outside of the front door (i.e. the door through which appellant had just been removed). The door was purportedly made of steel.
Berliner was found lying outside on the ground within feet of that door. He had been shot in the head. The caliber of the bullet that struck him was .380.
Shortly after the shots were fired, White approached a vehicle that was leaving the club. He entered it with gun in hand and told the occupants that he thought he had just shot either the club’s bouncer or manager. The investigating officers found five empty .380 caliber shell casings on the ground in front of the club.
One casing lay adjacent to Berliner. Two live rounds were also found on the ground; they were of 9mm caliber. However, a 9mm firearm was capable of firing .380 caliber rounds.