Fishtown Man Aquitted of Gun Charges at Football Game...

[TaePo]

As usual, while searching for something else, I stumbled across this gem. Not sure of its age and I recall hearing something similar when it first started but this is the end result. I checked with the search function but only got garbage returned...

Fishtown man acquitted of gun charges at football game

By William Kenny
Times Staff Writer

A Philadelphia judge last week acquitted a Fishtown man of misdemeanor assault and related criminal charges stemming from last year’s incident when he pulled a gun on the coach of his son’s Northeast-based peewee football team during a game.
The verdict by Municipal Court Judge Craig M. Washington brought to a close the strange saga which, according to witnesses, began when Wayne Derkotch, 41, of the 1100 block of E. Wilt St., and the coach of the Northeast Optimists team argued over playing time for Derkotch’s young son.

Jermaine Wilson was coaching the 6- and 7-year-old boys in an Oct. 22 game against the Oxford Circle Raiders at Burholme Park.

Derkotch, who was licensed to carry a concealed gun, does not dispute that he pointed the weapon at Wilson, but he claims he acted in self-defense as Wilson physically beat him.

Defense attorney Brian Quinn, citing a defense witness’ account, said that during the verbal argument, Wilson left the sideline and led Derkotch toward a team clubhouse, where the dispute became physical.

"Derkotch was walking behind Jermaine Wilson, who was pointing to an area behind the clubhouse, then (Wilson) turned around and punched (Derkotch) four or five times in the face," Quinn said.

Derkotch then fell to the ground with Wilson over him and, fearing further fisticuffs, brandished a .357-caliber revolver, Quinn added.

When Wilson backed off, Derkotch got up, went to his car and put the gun inside a holster and put the holster and gun inside the vehicle, Quinn said.

Police arrived a short time later.

Wilson was not arrested or charged with any crime.

Derkotch lost a tooth and had an eye swollen shut in the fight, according to Quinn.

Assistant District Attorney Randy Hsia argued during the waiver trial that Derkotch used unnecessary force and that his actions were not in self-defense because he started the dispute in the first place.

Prosecution witnesses testified that Derkotch was the aggressor.

Quinn said after the trial that his client was disturbed by the way the incident has been portrayed in the news media, whose accounts generally reflected the prosecutor’s version of events.

"What was reported was one side of a story," Quinn said.

In addition to clearing Derkotch of simple assault, Washington also acquitted him of reckless endangerment and possessing an instrument of crime.

Derkotch was not the only person absolved of criminal charges related to the incident.

Police arrested game referee Shawn Henwood at the scene after they allegedly saw him hit Paul Derkotch, brother of Wayne.

Henwood later claimed he was trying to record the license plate information for Wayne Derkotch’s car, in case the gunman decided to leave the scene, when Paul Derkotch intervened.

The district attorney’s office dropped the charges against Henwood last December on the same day as Wayne Derkotch’s preliminary hearing.

A prosecutor agreed that Henwood was only trying to help police before they made it to the scene.

Others described Henwood as a hero for ushering players from both teams to a far end of the field and instructing them to crouch for cover when Derkotch produced the gun. ••

Reporter William Kenny can be reached at 215-354-3031 or bkenny@phillynews.com

Source: http://www.northeasttimes.com/2007/0...hfootball.html
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[GunLawyer001]

Might be 3 years old, but still relevant.

"Wilson was not arrested or charged with any crime.
Derkotch lost a tooth and had an eye swollen shut in the fight, according to Quinn."

So, the guy who pounded Derkotch bloody was not even charged; the guy who defensively displayed a firearm and successfully stopped the attacker from knocking out any more teeth (without firing a shot) is prosecuted. Typical Philly DA thinking, any citizen with a gun is the bad guy, nobody else is charged because that would weaken the case against the guy with the gun.

Actual physical harm & injury is ignored, while simple possession of a gun is pushed to the front of the prosecution line.

So much for the theory that you should always call 911 after a defensive shooting. If you're the one with a gun, you're the default defendant.

[fingers80002]

Might be 3 years old, but still relevant.

"Wilson was not arrested or charged with any crime.
Derkotch lost a tooth and had an eye swollen shut in the fight, according to Quinn."

So, the guy who pounded Derkotch bloody was not even charged; the guy who defensively displayed a firearm and successfully stopped the attacker from knocking out any more teeth (without firing a shot) is prosecuted. Typical Philly DA thinking, any citizen with a gun is the bad guy, nobody else is charged because that would weaken the case against the guy with the gun.

Actual physical harm & injury is ignored, while simple possession of a gun is pushed to the front of the prosecution line.

So much for the theory that you should always call 911 after a defensive shooting. If you're the one with a gun, you're the default defendant.

C'mon, you need to heed Masood's advice.......

[anonymouse]

Hey, I found the original thread! (before my time)

October 24 2006:

http://forum.pafoa.org/general-2/111...ye-all-us.html

[Steve_NEPhila]

It is spelled Massad Ayoob.

That is fucking injustice if I have ever heard of it. DA's and ADA's are supposed to be held to a very high standard. The prosecutions own witnesses supported the defense, which I am sure the persecution (SP, or was it) knew what the witnesses would testify to. At least the judge was the safety net here for justice, but that may not always be the case.

A big Fuck You shout out to the Philadelphia Police for arresting the victim, Fuck You to the ADA Hsia for improperly executing the duties of his office and probably graduating in the bottom tier of his law class and a final Fuck You to the coach who assaulted the armed man (he is lucky he did not eat lead).

[TaePo]

Might be 3 years old, but still relevant.

Thanks for dating it, I tried to find the dateline, but not too in-depth.

I recalled the incident in the news but never heard the outcome until now. Or was there another incident as well?

I still cannot believe what the system did.

[GunLawyer001]

Thanks for dating it, I tried to find the dateline, but not too in-depth.

I recalled the incident in the news but never heard the outcome until now. Or was there another incident as well?

I still cannot believe what the system did.

I got the date from the link, which I assume translates into "April 26th, 2007":

http://www.northeasttimes.com/2007/0...hfootball.html

[TaePo]

I got the date from the link, which I assume translates into "April 26th, 2007":

http://www.northeasttimes.com/2007/0...hfootball.html

That's funny, I went to the link to find a dateline, too! I saw numbers but thought it was the typical article numbers yahoo and other websites use so did not look at it.

But, like you said earlier, worth looking at none-the-less to see how things can transpire and why it is best to appear lilly white if at all possible; not from any legal requirement but for how one's behavior may be painted in front of a jury because of the requirements on justification.

I believe it was misapplied in this case. Otherwise, it would be illegal to ever disagree with someone if you are carrying. Arguments happen, whoever becomes physical first is the (illegal) aggressor unless the other person does not allow someone to retreat or leave IMHO and IANAL but you are.

[GunLawyer001]

. . . Arguments happen, whoever becomes physical first is the (illegal) aggressor unless the other person does not allow someone to retreat or leave IMHO and IANAL but you are.

It's a little more complicated than that. For example, you can nullify your "self-defense" claim even if the other guy struck first, if you taunted him verbally. You can't make imaginative suggestions about his mother, provoke him to throw a punch, then shoot him dead. So those westerns about the gunslingers are wrong.