Self defense shooting during criminal activity

[streaker69]

City man allegedly pulled gun after seeing his “best friend” shot and killed


http://lancasteronline.com/news/loca...1be58581c.html

Clay, 22, later told police he didn’t know the man they engaged in an alley, but at some point that man drew a gun.
Police allege that man, 20-year-old Stefon Landing, pulled a concealed handgun and fired at Gantt.
Gantt, a 22-year-old father of two, was fatally wounded by a single shot to the upper chest, investigators said.
Clay, according to police, then pulled his own gun in defense of his friend.
He shot Landing in the chest; Landing exchanged fire, striking Clay in the legs, according to investigators.


~snip~


Clay is charged with illegal gun-possession, due to a prior conviction of illegal possession of a knife.
Clay admitted to police he had a gun — a black revolver later found on the block — and fired, according to an arrest affidavit.

Do ya think they'll try to really claim legitimate self defense at trial?

[AHelm3]

Quoted from one of Clays Facebook profile pictures:

"On some chill ass shit ya heard — at In The Hood."

Good grief...

[Cyclops]

City man allegedly pulled gun after seeing his “best friend” shot and killed

http://lancasteronline.com/news/loca...1be58581c.html

Do ya think they'll try to really claim legitimate self defense at trial?

Certainly, "I feared for my life" will be a defense used by the killer. The dead guy's friend is going to say he carried illegally because he lives in a dangerous 'hood, and the shooting proves that if he not had a gun he would be dead even though he went into the alley to but a candy bar.

And we will probably get to pay for it since my guess is that both parties will use a public defender. Now if the two shooters had just managed to kill each other we taxpayers would have saved a lot of money by not paying for a trial and the incarceration of the two survivors.

[Sshuker]

Do ya think they'll try to really claim legitimate self defense at trial?

Self defense is not a defense to illegal possession.

He is not being charged with homicide, to which self defense could be a defense.

So, will he try to use self defense? Not likely unless he ends up being charged with a homicide.

The interesting side note is that he could be charged with homicide under the felony murder rule, which basically turns any death during your commission of a felony into murder, even if the person who died is one of your co-conspirators. If the amount of drugs they were there to buy rises to the felony level, he could be charged with murder because his friend died.

[nater99]

This is one of those cases that is everything that is wrong with gun laws. Chances are he gets a slap on the wrist is out relatively quickly and shortly after has another gun offense.

[streaker69]

This is one of those cases that is everything that is wrong with gun laws. Chances are he gets a slap on the wrist is out relatively quickly and shortly after has another gun offense.

Kind of like the guy that shot him and the other guy was? He was already out on bail when this crime happened. He already had weapons charges against him.

[nater99]

Kind of like the guy that shot him and the other guy was? He was already out on bail when this crime happened. He already had weapons charges against him.

Exactly. And then the fools want to cry that guns are the problem.

[eXceLon]

Self defense is not a defense to illegal possession.

Exactly. Self-defense is a legal justification for homicide or assault, but not for an illegal possession charge.

Legally and ethically, simply having a criminal history doesn't revoke your right to self-defense. Felons may lose their right to own firearms, but they don't lose the right to self-defense entirely.

One of the early cases involving Florida's Stand Your Ground law was an acquital over a gang-related shootout. It caused a lot of outrage as liberals proclaimed that SYG gave criminals a free pass on murder, when in reality the judge merely ruled that the law (SYG or not) does not invalidate the right to self-defense just because someone has a criminal history of gang affiliation.

Though as a practical matter prosecutors will often attempt to portray defensive shootings by criminals and gang-members as being offensive in nature, and without a good defense lawyer, juries don't tend to be very sympathetic to known criminals.

[streaker69]

There's been an increasing number of gun related incidents in Lancaster City in the past few months. Here's an interesting case:

Article from 2009: http://lancasteronline.com/news/arre...02c341508.html

Article from 1/7/2015: http://lancasteronline.com/news/loca...47fae46fe.html

Previous court docket: https://ujsportal.pacourts.us/Docket...R-0004273-2009

It must be really great to be out on probation, owing court fees and fines, making one payment on them in 2011 and not being back in jail for failing to pay those court fees. Not to mention his original gun charges were Nolle Prossed. This is the motherfucking problem with the legal system. We have the laws on the books and our goddamn prosecutors and court system in general isn't following through.

fuckers!

Oh lookie here, he's re-offended while out on parole and he was given a 2nd and third chance:

https://ujsportal.pacourts.us/Docket...R-0005130-2011

https://ujsportal.pacourts.us/Docket...R-0005077-2013

He currently owes almost $3000 to the county for his charges.

[RockIsland]

There's been an increasing number of gun related incidents in Lancaster City in the past few months. Here's an interesting case:

Article from 2009: http://lancasteronline.com/news/arre...02c341508.html

Article from 1/7/2015: http://lancasteronline.com/news/loca...47fae46fe.html

Previous court docket: https://ujsportal.pacourts.us/Docket...R-0004273-2009

It must be really great to be out on probation, owing court fees and fines, making one payment on them in 2011 and not being back in jail for failing to pay those court fees. Not to mention his original gun charges were Nolle Prossed. This is the motherfucking problem with the legal system. We have the laws on the books and our goddamn prosecutors and court system in general isn't following through.

fuckers!

Oh lookie here, he's re-offended while out on parole and he was given a 2nd and third chance:

https://ujsportal.pacourts.us/Docket...R-0005130-2011

https://ujsportal.pacourts.us/Docket...R-0005077-2013

So you don't think that more common sense gun laws are a good idea?