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Old September 7, 2009, 10:01 AM   #176
RsqVet
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Join Date: February 20, 2005
Posts: 2,474
FYI I think the Fish case is simply a bad case in general and should have little to no bearing on self defense case law.

It was recently tossed out based on procedural grounds, not because Mr. Fish was somehow found innocent. I agree with the procedural toss out, but I for one could still see him being convicted of manslaughter. If he would or will be be convicted again remains to be seen, it is enough of a hot topic who knows where it will go. Personally were I on the jury I could see it going either way.

I live in AZ and to my mind Mr. Fish is NO hero. In fact he is an example of the saying "when the only tool in your tool box is a hammer, every problem looks like a nail". Only Fish's hammer was a pistol.

At every level it would seem that Fish chose the most dramatic response, rather than de-escalation. Read the transcripts, guy has a hiking staff in his hand, yet needs to draw and fire a "warning shot" at a dog who is running up to him? And these same dogs did nothing to him after he shot their owner? And then shoots the owner who is (understandably) upset. Fish did't fire at muzzle contact range and sorry but the tuller rule does not apply here has Fish whipped out his shooting iron and fired the first shot, maybe the other guy was going to beat him to death, maybe he would have calmed down when he saw his dog was un-injured but shooting an irrate person who is running at you after you have shot at their dog does not equate to self defense to me, fish largely created the situation and he escalated and escalated the situation to the point of killing someone.

Sorry Fish just appears to be another one of those swinging you know what guys who things a bullet is the right solution to each problem. Want some comic reading, read is pre-sentencing statement; yeah he is sorry, he also details how he "could have covered up the crime, or put a screwdriver in the guys hand" Sure the judge was real impressed with that one.
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