Pennsylvania Firearm Owners Association
Page 3 of 3 FirstFirst 123
Results 21 to 27 of 27
  1. #21
    Join Date
    Feb 2012
    Location
    Uniontown, Pennsylvania
    (Fayette County)
    Posts
    266
    Rep Power
    3452661

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    Quote Originally Posted by knight0334 View Post
    That and, was the force upon Shellhammer of the level that was immediate risk of death or serious bodily injury? If not, he had a duty to flee, especially since he was in the "victim's" home.

    From all news reports I was able to find, whether or not certain info was left out, it is very easy to paint him guilty.

    And even with the now info of him being attacked, he could still be guilty if the acts upon Shellhammer were not sufficient to warrant deadly force.

    What will likely determine things is whether or not Shellhammer was in deed attacked, whether or not there was disparity of force, and whether or not the force employed upon Shellhammer created justification.

    Then factor in, if Shellhammer was invited, what was the pretext of the invitation? Was it for a mere social visit? Was it to buy drugs? Was it for some other legal or illegal act? That could play a part as well.
    These are all very valid points.

    All mainstream news reports were stenographic -- they merely took down what the police told them. Police can put grass is blue and the sky is green in a report, and news media can and would repeat that report. That does not make grass blue or the sky green. In fact, instead of the perfunctory 'No comment; it is still under investigation.' The police made prejudicial statements to the local media right off the bat.

    As to disparity of force, Shellhammer also had to consider the possibility of his firearm falling into his attackers' hands.

    Actually, I think the pretext of the invitation in the texts may have had a sexual component.

    Under Pennsylvania law, engaging in an illegal act (facts which are not in evidence in the case) precludes the presumption of the immediate use of deadly force, not the total elimination of the use of deadly force against death or serious bodily injury.

  2. #22
    Join Date
    Feb 2012
    Location
    Uniontown, Pennsylvania
    (Fayette County)
    Posts
    266
    Rep Power
    3452661

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    Quote Originally Posted by Sgt.K View Post
    Regardless of the circumstances, I take issue with the ADA's statements from the OP. Given that both statements are prejudicial (at best) and contrary to law, they should not be allowed in court.

    My 2˘
    Agreed 100%!!! Wherever one may stand on the guilt or innocence of Christopher Shellhammer, concealed carriers must be chilled by the statements made by that ADA.

  3. #23
    Join Date
    May 2006
    Location
    127.0.0.1, Pennsylvania
    (Lancaster County)
    Posts
    16,631
    Rep Power
    21474865

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    The only appropriate response from the defense.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  4. #24
    Join Date
    Feb 2012
    Location
    Uniontown, Pennsylvania
    (Fayette County)
    Posts
    266
    Rep Power
    3452661

    Post Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    https://www.heraldstandard.com/news/...7bbdc3dd0.html

    Excerpt from "Man charged with homicide in Masontown shooting," Herald-Standard (Uniontown, PA), Jan. 17, 2018, with my comments interspersed in bold:

    Shellhammer reported to the Masontown Borough police station and told officers that “he was set up and attacked,” according to the affidavit filed in his case.

    “Immediately, he was very worked up,” said Masontown Police Sgt. Scott Miller. He said Shellhammer was “very jumpy and very edgy” initially.

    Who wouldn't be jumpy after just shooting someone?

    “He was trying to claim self-defense,” he said.

    "Trying" to claim self-defense is prejudicial; Shellhammer claimed self-defense.

    He later asked for an attorney, Miller said.

    Who would not ask for an attorney when the police are charging one with criminal homicide?

    Masontown Police Chief Joe Ryan said there was evidence of a fight leading up to the shooting, but not a setup.

    This is an unbelievably prejuducial statement. Did the police even have the time, by the time this story ran in the local newspaper, to review the entire case and unequivocally rule out a set-up? Had they reviewed all the evidence, including text messages, by this time? Highly doubtful.

    Shellhammer was treated at a hospital for injuries to his nose and jaw, according to Sgt. Scott Miller.

    (End Excerpt and bold comments)

    The police statements are blatantly prejudicial, coming in a story which ran on January 17, when the shooting had occurred only hours earlier at 10:00 p.m. on January 16.

    Did "pre-meditation" suddenly grab Shellhammer by the lapels during the fight? At the very least, Shellhammer has been overcharged with pre-meditated murder. At the worst, Christopher Shellhammer faces first-degree, criminal homicide charges for acting in self-defense.
    Last edited by Spirit of 76; August 23rd, 2018 at 07:18 PM.

  5. #25
    Join Date
    Feb 2010
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Posts
    6,603
    Rep Power
    21474851

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    Prosecutors will present that pre-meditation can occur in the space of a second. If the facts support premeditation followed by an instant in time illegal act, it can be a tough sell, as juries have preconceived notions of elaborate acts over a span of time in preparation to commit the act. The law recognizes that a spontaneous act is a lesser degree: (found on the 'net)

    In Pennsylvania, criminal homicide, the unlawful death of a human being, includes three types of murder and two types of manslaughter. Pennsylvania state laws require proof of malice to distinguish murder from manslaughter. To prove malice in a murder case, the prosecutor must show the defendant's general intent to commit an unlawful act or achieve a harmful result. A prosecutor can establish either express malice or implied malice; first degree murder generally requires a showing of express malice.

    In addition, the prosecutor must prove that the defendant had a specific intent to kill. In a first degree murder case, the state may prove the defendant's deliberate intent to commit an unlawful killing by considering the defendant's actions, use of a deadly weapon, or other circumstances.(end)

    The ADA is telling the finder(s) of fact that the defendant's being armed has evidentiary value proving or helping to prove specific intent regarding the incident being tried. Over-charging is arguable, but generally gets pleaded down if that is the case. Some would contend that over-charging is a deliberate tactic designed to arrive at a plea deal.

    .

  6. #26
    Join Date
    Jan 2016
    Location
    Quakertown, Pennsylvania
    (Bucks County)
    Posts
    150
    Rep Power
    3257950

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    Good old Larry Krasner...wasting no time hiring SJW attys

  7. #27
    Join Date
    Sep 2015
    Location
    zelienople, Pennsylvania
    (Beaver County)
    Posts
    705
    Rep Power
    21157648

    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    plea deals work great for prosecutors, they get conviction on their win/lose record without having to go to trial.

Page 3 of 3 FirstFirst 123

Similar Threads

  1. Self defense shooting during criminal activity
    By streaker69 in forum General
    Replies: 21
    Last Post: January 7th, 2015, 01:12 PM
  2. Replies: 4
    Last Post: October 11th, 2012, 09:58 PM
  3. Replies: 4
    Last Post: December 3rd, 2011, 02:21 PM
  4. I Need A Criminal Defense Lawyer
    By Willtallica in forum General
    Replies: 1
    Last Post: September 2nd, 2009, 12:27 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops