No jail time for bully killer

Kornhub

Kornhub

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Johannesburg - A judge in the case of a pupil who shot dead a bully in a classroom has questioned why the school never dealt with the bullying.

Judge Bert Bam said one could appreciate the difficult position Tsundzukani Mthombeni found himself in due to being constantly bullied and tormented.

On November 20, Mthombeni stole his police officer mother’s service pistol, took it with him to Phineas Xulu Secondary School, where he was a pupil, and fatally shot Nkululeko Ndlovu,18.

“He (Mthombeni) was apparently unable to defend himself after being subjected to acts of violence and being degraded. Being a bully could have never justified his (Ndlovu’s) death, but one can appreciate that the accused found himself in a very difficult position.

“Why this bullying was never dealt with by the school, or why the accused never told his mother, cannot be explained,” the judge said.

Mthombeni was one of those constantly bullied by Ndlovu and his friends at the high school in Vosloorus, Ekurhuleni.

On November 19, the bullies took his cellphone and school bag.

He was due to write an exam the next day.

The following day, he took his mother’s gun to school.

When Ndlovu and another bully went to his classroom and wanted to fight him, Mthombeni produced the gun.

Ndlovu challenged him, saying he would not be scared off by a toy gun, and Mthombeni fired a warning shot to show them it was real.

The bullies retreated, but Ndlovu approached Mthombeni and slapped him.

In the melee, two shots went off, killing Ndlovu.

The State charged Mthombeni with premeditated murder.

His trial started on Thursday in the high court sitting in Palm Ridge.

The prosecutor was forced to close his case an hour after the trial started, and after calling three out of the 18 witnesses who were in court.

The evidence of the three corroborated Mthombeni’s version of what transpired that day.

Judge Bam found Mthombeni guilty of culpable homicide and illegal possession of a firearm and ammunition.

He said Mthombeni was not a criminal with violent tendencies.

The judge sentenced him to seven years in prison, suspended for five years, on the count of culpable homicide.

On the firearm charge, Mthombeni was sentenced to two years’ imprisonment, also suspended for five years.

[email protected]

The Star
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http://www.iol.co.za/news/crime-courts/no-jail-time-for-bully-killer-1.1811112#.VMtAhSzQg9s
 
Wow.

I wonder what bullying they did, to have pushed him over the edge like that?

I can't really condone shooting a bully dead.
 
How can they charge him with premeditated murder. Sounds to me like he was merely trying to scare them off as he fired a warning shot. Then the bully attacked him. In my opinion, the douche-bag got what was coming to him.
 
Good on him. ****bag got what was coming to him.
 
Ancalagon said:
Wow.

I wonder what bullying they did, to have pushed him over the edge like that?

I can't really condone shooting a bully dead.
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It is a tough one but remember a lot of people who are bullied end up killing themselves :/
 
he was bullied constantly, i remember reading this when it happened and really felt bad for this guy because he could have thrown his whole life away just defending himself. I for one am happy he got a suspended sentence :)

i dont think he planned on killing the kid, he just wanted to scare him off unfortunately the bully called his bluff and they got into a scuffle and the gun went off killing him.
 
Ancalagon said:
Wow.

I wonder what bullying they did, to have pushed him over the edge like that?

I can't really condone shooting a bully dead.
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Constant psychological and physical abuse, daily, in and out of school from the same guys, for years.

Had I a gun with me at the time, I would've pumped them full of lead.
 
Beerisgood said:
Constant psychological and physical abuse, daily, in and out of school from the same guys, for years.

Had I a gun with me at the time, I would've pumped them full of lead.
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agree, it takes a toll and eventually you snap
 
Ndlovu challenged him, saying he would not be scared off by a toy gun, and Mthombeni fired a warning shot to show them it was real.

The bullies retreated, but Ndlovu approached Mthombeni and slapped him.

In the melee, two shots went off, killing Ndlovu.
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That doesn't sound like murder. That sounds like assisted suicide. When someone threatens you with a gun, and then fires a warning shot - you do not slap him. You get the **** out of his way.
 
I am honestly sure this poor guy is going through a lot and glad the judge suspended the sentence. Perhaps he should go through trauma counselling as well, I am sure even if the guy was a bully killing him has traumatized him.
 
Poor kid, must have been terrified and hated going to school. And now has to live with this for the rest of his life.

I blame the school for this and they should "parent" kids during school hours and monitor and manage any issues like this.

This is very sad.
 
Where the hell was the teachers when all this went down as it apparently happened in or near a classroom??
 
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