Home Local News Story 'Imperfect self defense' leads to 5-10 year senten

[rev214]

'Imperfect self defense' leads to 5-10 year sentence

Prosecutor: Shooter mistakenly believed that he needed to resort to deadly force to save his own life

By Rick Lee
rlee@ydr.com @RickLeeYDR on Twitter
Updated: 11/25/2014 11:26:00 PM EST1

A dispute between a Harrisburg man and a Gettysburg man that led to the death of a Hanover man resulted in a guilty plea to voluntary manslaughter on Tuesday.

Colin Hafer, 24, of Harrisburg, entered the plea for the June 27 shooting death of Shawn Jarvis, 20, of Hanover. In accordance with the plea agreement, Judge Richard K. Renn sentenced Hafer to five to 10 years in state prison.

York County District Attorney Tom Kearney said Hafer's plea fell under the "imperfect self-defense" section of voluntary manslaughter. That is, Hafer mistakenly believed that he needed to resort to deadly force to save his own life.

Kearney explained that Hafer and Derrick Degroft, 22, of Gettysburg, a friend of Jarvis, both have children with the same woman.

Defense attorney Brian Perry said Hafer and Degroft had waged an ongoing verbal battle.

On June 27, Hafer and two friends encountered Degroft and Jarvis in the square of downtown Hanover, Kearney said. There followed another verbal altercation and Degroft and Jarvis moved on, Perry said.

Jarvis quickly returned and the verbal battle turned physical, the attorneys agreed. While Jarvis was on top of Hafer, punching him repeatedly, Hafer pulled his recently purchased handgun from his holster and shot Jarvis once in the abdomen. Jarvis was unarmed.

Hafer, who was licensed to carry the firearm, then waited for police to arrive, Kearney said.

Kearney also informed Renn that Jarvis was the clear aggressor.

Hafer, who had been charged with first- and third-degree murder and "voluntary manslaughter - provocation from individual killed," had remained in custody without bail since his arrest.

Jarvis' mother, Jennifer Jarvis, told Renn that she thought Hafer should get a longer sentence for killing her son.

Hafer told Jarvis' family, "You have my deepest condolences. I pray for you every day. I'm truly sorry for everything that has happened."

Hafer also was ordered to pay $11,000 in restitution.

source: http://www.ydr.com/crime/ci_27012528/imperfect-self-defense-leads-5-10-year-sentence

[ATBackpackin]

York County District Attorney Tom Kearney said Hafer's plea fell under the "imperfect self-defense" section of voluntary manslaughter. That is, Hafer mistakenly believed that he needed to resort to deadly force to save his own life.

I wasn't there so I won't speculate on this situation and I also don't think you should engage in verbal altercations and then use the gun when you're getting your ass kicked. Only he knows if he truly feared for his life and if he did he shouldn't have took the plea deal.

With all that being said, I emphatically hate how the prosecutor worded this with 'imperfect self-defense'. So are we to assume now that self-defense has to be perfect or you're going to jail.

[hog45]

It sounds to me like this guy knew he had an ongoing beef, so he got a gun, then provoked Jarvis into attacking him, and then used the opportunity to shoot him.

If this had been an unprovoked attack, or an attack between two strangers, I suspect the shooter would have been aquitted, probably not even indicted to trial.

Instead it was an ongoing thing, Jarvis walked away before being provoked to come back, then he got shot. Clearly the shooter knew he had an advantage, being armed, and wanted to pick a fight that he could win with his gun.

That is how I read this, and it seems like the judge did also.

[John222]

It sounds to me like this guy knew he had an ongoing beef, so he got a gun, then provoked Jarvis into attacking him, and then used the opportunity to shoot him.

If this had been an unprovoked attack, or an attack between two strangers, I suspect the shooter would have been aquitted, probably not even indicted to trial.

Instead it was an ongoing thing, Jarvis walked away before being provoked to come back, then he got shot. Clearly the shooter knew he had an advantage, being armed, and wanted to pick a fight that he could win with his gun.

That is how I read this, and it seems like the judge did also.

Bingo! Your totally right.

[Shisno]

Too bad the anti gunners won't see it that way. The way they will see it is as confirmation that you should never shoot an unarmed person.

[Manxdriver]

Somewhere near the middle of the OP's post I saw something akin to: Two guys, who were stupid enough to screw the same worthless bimbo, got into an argument over who deserved her more, and one decided she was worth throwing his life away over. Should have handcuffed him to the slag and not made the taxpayer feed and house him for 5-10 years.

[Mitch10mm]

A man has got to know his limitations. If you carry, you swallow your pride and de escalate. You get out of Dodge if need be. If he put himself in a corner then he put himself in the position to have to plea versus the chance of something worse.

[jerkin]

If I ever go to trial I certainly hope some of you aren't on my jury. From the article:

"Kearney (the DA) also informed Renn (the Judge) that Jarvis (the dead guy) was the clear aggressor." I don't care what was said, an exchange of words does not justify an assault but an assault does justify self defense.

[Manxdriver]

If I ever go to trial I certainly hope some of you aren't on my jury. From the article:

"Kearney (the DA) also informed Renn (the Judge) that Jarvis (the dead guy) was the clear aggressor." I don't care what was said, an exchange of words does not justify an assault but an assault does justify self defense.

True, and I see your point, but, there is the distinct odor of bad decisions and regret in the air around this story. Piss poor life choices do not equal a license to kill your problems. And clearly, the justice system sees what I am seeing.

[Hawk]

What it really boils down to is what Hafer was thinking/feeling when he pulled the trigger. I suspect he may have screwed the pooch in this regard by not remaining silent when questioned by the police. I also suspect he couldn't afford a decent lawyer.