Possible self defense shooting Lawrence County

[OldSchoolPC]

Written by Karen Kane. Sister of the AG? That would be too funny. Also, I find it rather improper for the decedent to be referred to as the victim, it makes it hard to read. The decedent should be refered to as the decedent, or by name, or by "smith" to protect his name.

Of course, that's just my view of how the world should be with objective journalism....

[OldSchoolPC]

I always find it interesting how the 4th amendment gets thrown out when it comes to murder cases, when the supreme court has been consistent that there are no brite-line rules governing that amendment. It's an oversimplification to say, "well, you shot somebody and now you get arrested for murder, and sit there without bail for umpteen months". You still need probably cause to arrest. Probable cause cannot be less then 51 percent. He is "presumed" innocent, and given the new laws there is a statutory presumption of innocent. Even in serious cases such as drug sales and murder, the supreme court says that the 4th amendment still applied.

Now, it said he was arraigned, therefore I presume he was arrested. This makes me wonder if there were some (or many) other factors that would disqualify him from the "exception" to the murder charge. Why IS the DA's office pressing charges? Are they anti-gun nutjobs? Or do they have a good chance of winning?

P.S. Yes, I know that "defenses" as in "it shall be a defense" are different the "exceptions". However there is a statutory presumption to consider.

[30Glock]

I expect this to happen to every law abiding gun owner, your life will be turned upside down, lost of employment,wages, freedom.

For people like you and I we are guilty until proven innocent. So what if someone wants to open your car door and decide to beat you to a pulp, Isn't that part of the entitlement phenomenon we are currently experiencing in this country.

[tvtog]

I know it isn't the biggest head-scratcher of this incident, but I was surprised to see him "charged with first-degree murder".

First, the situation appears to be anything BUT first-degree but more importantly, people arrested for their role in this type of situation are usually held on a count of general homicide. Degree doesn't need to declared until much further into the process.

[OldSchoolPC]

I know it isn't the biggest head-scratcher of this incident, but I was surprised to see him "charged with first-degree murder".

First, the situation appears to be anything BUT first-degree but more importantly, people arrested for their role in this type of situation are usually held on a count of general homicide. Degree doesn't need to declared until much further into the process.

While I am not saying that this former ADA is getting special treatment, it could be that he was charged with 1st degree murder "just for show". But, that's a little too conspiracy-theoristic even for me....... OR IS IT.

[BestDefense=StrongOffense]

According to a very close friend who was in the bar when this went down, the shooter started the fight inside the bar.

[Elmar]

According to a very close friend who was in the bar when this went down, the shooter started the fight inside the bar.

Should that matter at all now? The fight had ended, the shooter was in his car confined when the other person approached aggressively and began to assault him.

[justashooter]

Should that matter at all now? The fight had ended, the shooter was in his car confined when the other person approached aggressively and began to assault him.

totality of circumstance, leading behaviour, all factors. still, sounds like a good shoot to me.

[flyingjunkie]

According to a very close friend who was in the bar when this went down, the shooter started the fight inside the bar.

According to the law, the you are not allowed to instigate a fight with the intent of escalating it to the point of using deadly force. BUT, the law also states that if you walk away from the fight and the other person continues to pursue or escalates the level of the fight, both of which happened here, you are allowed to use deadly force. I'll find the references in the laws while I'm on my lunch break.

[Bmarshall91]

The shooter had also just returned from Iraq.