Man aquitted in SD shooting after spending 112 days in jail - Page 2

hermannr · February 25, 2012, 01:51 PM

It sounds like there are a lot of legal ways for him to get his life back in financial order, but

I like WA law best. Prosecuted for SD and found NOT guilty in WA state, the governmental entity that prosecuted you has to anti up your lawyers fees, your lost wages and any other monetary damages and interest incured because you were being procecuted for a legal SD situation...no extra court time needed...Not Guilty...the judge awards it right there and then. It's state law.

Believe me, the local prosecuters look long and hard before they charge anyone they know will plead SD. IT doesn't mean they charge no-one, it only means they charge only those that have really questionable SD defences.

Hook686 · February 25, 2012, 02:53 PM

Very interesting story.

maestro pistolero · February 25, 2012, 02:55 PM

Quote:

A Philly DA named Barry said that since the officer only had some facial bruising, it was obvious he wasn't really threatened, and he should have gone inside and called 911.

I don't know this particular case, but that is a fundamentally flawed analysis of how one assesses reasonable fear of loss of life or limb. Must we also wait to be shot before returning fire? Ridiculous.

If anything, the facial bruising combined with the disparity of force (multiple attackers) is corroborative to reasonable fear. Where must one attend law school to get a job in Philly?

johnbt · February 25, 2012, 05:49 PM

You really don't know?

HawkeyeNRAlifer · February 26, 2012, 12:42 AM

It's too late for the victim in this case, but maybe his situation will spur the Iowa house and senate to pass the pending "stand your ground" bill. This makes a permit to carry mute, if you can't defend yourself when attacked by two felons. Some of the local politicos bring up the tired "wild west" catch phrase and state that everyone will just shoot first in every encounter if this bill passes. Well, a multitude of other states have enacted similar laws without an ensuing bloodbath. Also pending is the constitutional carry bill and a bill that would stop cities from enacting concealed carry restrictions on city land and buildings tougher that the state law. The next few weeks will be interesting.

lawnboy · February 26, 2012, 01:39 AM

This is exactly why the classic forum ninja statement "if BG does such and such I'll just draw and drop him in his tracks" is so bothersome to me. You can be perfectly within your rights to defend yourself and the government can be perfectly within the law taking 112 days to decide that your defense is valid. And keeping you in jail while doing it.

The threat to your life, health and property is not over when the BG is neutralized. If you carry or if you keep a gun at home for defense you owe it to yourself to have a plan for what to do in the aftermath of a defense shooting. Identify a lawyer. Know how to get in touch. Know your state laws. Have money ready.

We spend hours at the range and thousands on guns and ammo, but how many of us have identified which attorney we'll call and how we'll pay for him?

The defendant here was an employee of the Federal Government and a former law enforcement officer. His record appears to have been squeaky clean. I suspect that a few thousand in cash would've either bought him a lawyer good enough to get this case tossed long before this disaster happened, or got him out on bail awaiting trial. The fact he had a public defender ( and if google is right, a REALLY bad one) is why he lost everything.

maestro pistolero · February 26, 2012, 02:00 PM

Quote:

The fact he had a public defender ( and if google is right, a REALLY bad one) is why he lost everything.

Didn't that public defender get an acquittal? I believe the public defender may be the only person in this story besides the defendant who did everything right.

lawnboy · February 27, 2012, 06:49 PM

Yes, the public defender got an acquittal. But his client sat in jail for 112 days. A guy with that background in a situation with those facts shouldn't spend a day in jail and the case should never go to trial.

johnbt · February 28, 2012, 04:37 PM

It's a shame his family members back home didn't post his bail. Maybe he didin't call them. Maybe he knew they wouldn't. There's a lot about this story we don't know.

Spandauer · March 2, 2012, 02:03 AM

1. Mr. Lewis is an IRS official AND writer of three books.
2. The stolen laptop contained his fourth book.
3. His mother from KS contacted the landlord and assured him that she'd be happy to pay rent while her son was in jail.
4. The landlord did not inform Mr. Lewis that he still would be evicted.
5. The landlord evicted Mr. Lewis because of the charges against him that were pending at the time of his eviction.
6. His weapons have been returned.
7. He was able to return to work.
8. There is at least one lawsuit pending at this time (Lewis vs. landlord).

Please spread the news, consider to donate / send postcard [contact: pastor Scott; address see link below] and contact your representative if you're from Iowa ASAP!

I thought you might be interested in additional information and scenarios that were discussed over there without having to rehash them here. The thread below has been closed already after 75 replies and almost 2,500 views.

http://www.thehighroad.org/showthread.php?t=645814

Please OP, I don't mean to hijack your thread / violate any forum rules , just trying to share background information. Feel free to contact me if that's not ok! Thank you very much!

markj · March 2, 2012, 05:20 PM

Bills were introduced but the democrats all got up and walked out on it. Republican has majority tho so it should pass OK. I hope..

http://www.desmoinesregister.com/art...r-gun-measures

It would kep this type of thing from happening I belive. Too late for this man but the next guy...

February 25, 2012, 02:53 PM	#27
Hook686 Senior Member Join Date: May 22, 2005 Location: USA The Great State of California Posts: 2,090	Very interesting story. __________________ Hook686 When the number of people in institutions reaches 51%, we change sides.

February 26, 2012, 01:39 AM	#31
lawnboy Senior Member Join Date: April 5, 2011 Location: here Posts: 551	This is exactly why the classic forum ninja statement "if BG does such and such I'll just draw and drop him in his tracks" is so bothersome to me. You can be perfectly within your rights to defend yourself and the government can be perfectly within the law taking 112 days to decide that your defense is valid. And keeping you in jail while doing it. The threat to your life, health and property is not over when the BG is neutralized. If you carry or if you keep a gun at home for defense you owe it to yourself to have a plan for what to do in the aftermath of a defense shooting. Identify a lawyer. Know how to get in touch. Know your state laws. Have money ready. We spend hours at the range and thousands on guns and ammo, but how many of us have identified which attorney we'll call and how we'll pay for him? The defendant here was an employee of the Federal Government and a former law enforcement officer. His record appears to have been squeaky clean. I suspect that a few thousand in cash would've either bought him a lawyer good enough to get this case tossed long before this disaster happened, or got him out on bail awaiting trial. The fact he had a public defender ( and if google is right, a REALLY bad one) is why he lost everything. __________________ "Me fail English? That's un-possible!" --Ralph Wiggum "A woman drove me to drink and I didn't even have the decency to thank her"-- W.C Fields

February 27, 2012, 06:49 PM	#33
lawnboy Senior Member Join Date: April 5, 2011 Location: here Posts: 551	Yes, the public defender got an acquittal. But his client sat in jail for 112 days. A guy with that background in a situation with those facts shouldn't spend a day in jail and the case should never go to trial. __________________ "Me fail English? That's un-possible!" --Ralph Wiggum "A woman drove me to drink and I didn't even have the decency to thank her"-- W.C Fields

March 2, 2012, 02:03 AM	#35
Spandauer Junior Member Join Date: January 29, 2012 Posts: 2	Lots of additional information over there 1. Mr. Lewis is an IRS official AND writer of three books. 2. The stolen laptop contained his fourth book. 3. His mother from KS contacted the landlord and assured him that she'd be happy to pay rent while her son was in jail. 4. The landlord did not inform Mr. Lewis that he still would be evicted. 5. The landlord evicted Mr. Lewis because of the charges against him that were pending at the time of his eviction. 6. His weapons have been returned. 7. He was able to return to work. 8. There is at least one lawsuit pending at this time (Lewis vs. landlord). Please spread the news, consider to donate / send postcard [contact: pastor Scott; address see link below] and contact your representative if you're from Iowa *ASAP! I thought you might be interested in additional information and scenarios that were discussed over there without having to rehash them here. The thread below has been closed already after 75 replies and almost 2,500 views.* http://www.thehighroad.org/showthread.php?t=645814 Please OP, I don't mean to hijack your thread / violate any forum rules , just trying to share background information. Feel free to contact me if that's not ok! Thank you very much!

February 25, 2012, 01:51 PM	#26
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	It sounds like there are a lot of legal ways for him to get his life back in financial order, but I like WA law best. Prosecuted for SD and found NOT guilty in WA state, the governmental entity that prosecuted you has to anti up your lawyers fees, your lost wages and any other monetary damages and interest incured because you were being procecuted for a legal SD situation...no extra court time needed...Not Guilty...the judge awards it right there and then. It's state law. Believe me, the local prosecuters look long and hard before they charge anyone they know will plead SD. IT doesn't mean they charge no-one, it only means they charge only those that have really questionable SD defences.

February 25, 2012, 05:49 PM	#29
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	You really don't know?

February 26, 2012, 12:42 AM	#30
HawkeyeNRAlifer Senior Member Join Date: September 6, 2007 Location: Iowa Posts: 316	It's too late for the victim in this case, but maybe his situation will spur the Iowa house and senate to pass the pending "stand your ground" bill. This makes a permit to carry mute, if you can't defend yourself when attacked by two felons. Some of the local politicos bring up the tired "wild west" catch phrase and state that everyone will just shoot first in every encounter if this bill passes. Well, a multitude of other states have enacted similar laws without an ensuing bloodbath. Also pending is the constitutional carry bill and a bill that would stop cities from enacting concealed carry restrictions on city land and buildings tougher that the state law. The next few weeks will be interesting.

February 28, 2012, 04:37 PM	#34
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	It's a shame his family members back home didn't post his bail. Maybe he didin't call them. Maybe he knew they wouldn't. There's a lot about this story we don't know.

March 2, 2012, 05:20 PM	#36
markj Senior Member Join Date: October 27, 2005 Location: Crescent Iowa Posts: 2,971	Bills were introduced but the democrats all got up and walked out on it. Republican has majority tho so it should pass OK. I hope.. http://www.desmoinesregister.com/art...r-gun-measures It would kep this type of thing from happening I belive. Too late for this man but the next guy...