Here is why you don't carry while drinking

[cz_40p]

http://www.thetimes-tribune.com/site...d=415898&rfi=6

One in jail, one in ICU after parking-lot fight
BY MEGAN REITER
STAFF WRITER
07/16/2007
DICKSON CITY — A Sunday morning shooting in the Denny’s restaurant parking lot ended with one man in jail and another in intensive care.

Police arrested Robert Belmonte Jr., 22, of Blakeslee, and charged him with aggravated assault, simple assault, endangering the welfare of others, disorderly conduct and harassment for allegedly shooting his friend Elvin Padilla in the chest.

“He’s claiming it was self-defense,” said Dickson City police Officer William Bilinski. Alcohol was most likely involved in the incident, the officer said.

A group of nine friends from Monroe County were driving to Denny’s in three cars after a night at Tinks, in downtown Scranton, when Mr. Padilla began arguing with his girlfriend, Officer Bilinski said. The other males in the group confronted Mr. Padilla in the parking lot, when he allegedly slashed Christopher Gittens, of Blakeslee, in the arm with a screwdriver, police said.

“Tempers and emotions got heated,” Officer Bilinski said, adding that Mr. Gittens suffered a superficial wound and was treated at the scene.

Mr. Padilla then approached Mr. Belmonte, who allegedly fired off a round from a .40-caliber handgun, hitting Mr. Padilla in the left side of the chest, Officer Bilinski said.

As of noon Sunday, Mr. Padilla was out of surgery at Community Medical Center and in the intensive care unit, said Officer Bilinski. Further information on his condition was not available Sunday night.

Charges are pending against Mr. Padilla, the officer said.

Mr. Belmonte remains in the Lackawanna County Prison in lieu of $50,000 bail.

Contact the writer: mreiter@timesshamrock.com

It's hard to figure out what really happened by that lopsided article.One thing is sure, if Mr. Belmonte had not been drinking, his claim of self defense would not be in question. If the other guy was coming at him with a screwdriver after just having assaulted someone else, I think he was justified.

It will be interesting to see how this plays out in Lackawanna County.

[RocketFoot]

There isn't many things alcohol mixes with...women is the only good thing I can think of off hand!

[Pa. Patriot]

"Here is why you don't carry while drinking"

This doesn't make sense. If your drinking you should submit to being assaulted (stabbed with a screwdriver) rather than defend yourself?

I think there is way too little information available yet to jump to conclusions. JMHO

[MarcS]

Your assertion that we all turn into irrational, trigger-happy dipshits when we drink is offensive.

[KeithPA]

Who goes to Dennys?!!?

[cz_40p]

Originally Posted by MarcS

Your assertion that we all turn into irrational, trigger-happy dipshits when we drink is offensive.

Gee ...........is that what I asserted.........Thanks for telling me what I meant!

My point is if you are involved in a shooting, and are inebriated, you "WILL" have a much more difficult experience. The police will arrest you and let the courts sort it out. The press will paint you as an idiot, then fail to report when the charges are dropped.

[ursavus.elemensis]

I always thought it was a weird thing to assert that if you have had a drink or two that you must go ahead and die if your life is threatened because that us better than you pulling a gun and fighting back.

[Skuggi]

Originally Posted by Pa. Patriot

This doesn't make sense. If your drinking you should submit to being assaulted (stabbed with a screwdriver) rather than defend yourself?

I think there is way too little information available yet to jump to conclusions. JMHO

Agreed, alcohol is NOT a factor in the justifiable means of self defense here +1

[Brick]

Originally Posted by RocketFoot

There isn't many things alcohol mixes with...women is the only good thing I can think of off hand!

So why is that good when it can turn a coyote into a fox?!

But seriously, I'm more interested in what the story doesn't say. Was Belmonte's pistol legally possessed and carried at the time? Had Belmonte been actually drinking, if so was he over the legal limit? What, if any of the charges against him are felonies that would justify a $50K bail. And just for a reminder: HB 21 (Which is still in committee) requires $50K as the mandatory minimum bail for anyone charged with a firearms crime.

[RoyJackson]

Alcohol affects one's judgement. If you're going to carry, it's your responsibility that you stay in control.
Being impaired and getting into an altercation could (and I sure has) resulted in someone pulling a weapon (not necessarily a gun) and using it when the situation didn't call for it.
Being impaired is also going to make a self defense case more difficult to defend.

However, we do not know if Belmonte was impaired and, since he wasn't charged with carrying the gun, I expect it will turn out to be legal and he had a permit.

Belmonte probably could have avoided this shooting by retreating. Perhaps he was defending another person...the article doesn't state that.
It's a sad tale, but I expect he'll be convicted of at least some of the charges. If he has a permit, it's possible he'll lose that too.

So, I'm not say not to drink...but if you're going to carry, I suggest you make those drinks non-alcoholic.