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Old February 28, 2012, 06:46 PM   #76
m&p45acp10+1
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I learned of a different twist on a local case today from a friend in the local PD.

A man defended his home when a young gang banger kicked in his front door, and came into the home. The home owner was in the kitchen cooking dinner when he heard the noise of the door being kicked in. He had his CCW on his person. Upon him coming into the living room another intruder with the mentioned gangbange came into the door. Both turned and charged the home owner. The homeowner then fired 2 shots from his .38 spcl. snubnosed revolver. One intruder was hit the shoulder, and the second round grazed him under the left arm. Both suspects fled on foot.

The homeowner called 911 imediately afterwards. He told the responding officers he was dead sure he hit one. There was a bit of a blood trail in his driveway. The police never took his gun away. He had a cabinet full of vintage revolvers, and shot guns. None were taken into evidence.

A few minutes later the ER staff of the local hospital contacted the police there was a young male being treaded for GSW.

The bullet in the gangbanger's shoulder was recovered. The homeonwner turned his gun into the local PD for then to send in for ballistic testing. After it was tested it was photographed and returned to the homeowner.

Results were the fired bullet in gangbanger's shoulder matched the ones from the ballistic testing. Gangbanger is county awaiting trial. The acomplice was captured two days ago. Acomplice is being arraigned tomorrow.
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Old February 28, 2012, 07:08 PM   #77
Skadoosh
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Excellent! Has this story gotten any media coverage?
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I think that one of the notions common to the anti-gunner is the idea that being a victim is 'noble'; as if it is better to be noble in your suffering than disruptive in your own defense.
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Old February 28, 2012, 07:21 PM   #78
lawnboy
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Quote:
Is there a resource available for 2nd-amendment-inclined lawyers in our particular areas?
I'd be more interested in a lawyer who regularly defends those charged with or detained during the investigation of criminal offenses.

That's what we're really talking about here; preparation for the possibility that you may be charged with a crime when you believe you were acting in self defense.

If you've ever used a lawyer for real estate or whatever you can use them as a starting point. Ask them for a referral to someone who handles criminal cases. Lawyers network just like the rest of us.
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Old February 28, 2012, 08:21 PM   #79
Frank Ettin
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Quote:
Originally Posted by lawnboy
Quote:
Is there a resource available for 2nd-amendment-inclined lawyers in our particular areas?
I'd be more interested in a lawyer who regularly defends those charged with or detained during the investigation of criminal offenses...
And actually, you're looking for a lawyer with some even more specialized experience. Defending a case based on a plea of self defense is fundamentally different from defending the usual criminal case. So you will really want a criminal defense lawyer with some experience putting on a self defense case.

In an ordinary criminal prosecution, the defendant doesn't have to present any evidence. The entire burden falls on the prosecution. The prosecution has to prove all the elements of the crime beyond a reasonable doubt.

For example, if the crime the defendant is charged with is manslaughter, the prosecution must prove that the defendant were there, fired the gun (if that was the weapon used), intended to fire the gun (or was reckless), and the guy the defendant shot died. In the typical manslaughter prosecution, the defendant might by way of his defense try to plant a seed that he wasn't there (alibi defense), or that someone else might have fired the gun, or that it was an accident. In each case the defendant doesn't have to actually prove his defense. He merely has to create a reasonable doubt in the minds of the jurors.

But if you are going to be claiming self defense, you will wind up admitting all the elements of the crime. You will admit that you were there, that you fired the gun, and that you intended to shoot the decedent. Your defense is that your use of lethal force in self defense satisfied the applicable legal standard and that, therefore, it was justified. So now you would have to affirmatively present evidence from which the trier of fact could infer that your conduct met the applicable legal standard justifying the use of lethal force in self defense.

Most criminal defense lawyer, including some of the top ones and generally including public defenders, have had little or no experience handling a self defense case. It's such a different animal from the usual "I didn't do it and you can't prove I did" defense in most criminal cases. If you are claiming self defense, you will want a lawyer with experience handling self defense cases.
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Old February 28, 2012, 10:24 PM   #80
m&p45acp10+1
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Skadoosh the story got about two paragraphs in the back section of the small local paper. The part that the home owner managed to hit him made it in. As well as the fact that perp #1 was caught at the hospital. Other than that the only other media coverage was a pargraph in the back of the paper the other day when perp #2 was caught, taken to jail, and charged. Oh and what his bail was set at. (Lets just say unless he has very wealthy family he is staying in jail till his court date.)

The home owner comes out the range that I am a member of usualy every couple of months and shoots several guns over the space of a few hours.
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