Pennsylvania Firearm Owners Association
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  1. #21
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    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
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    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
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    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
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    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
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    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
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    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
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    zelienople, Pennsylvania
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    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.

  8. #28
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    Uniontown, Pennsylvania
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    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    https://www.google.com/amp/s/www.wpx...rder/995985671

    Not guilty

    For anyone still following

  9. #29
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    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    During cross-examination, the prosecutor asked, "You pulled a gun on an unarmed man?" and Shellhammer said, "I pulled a gun on two aggressive people who had me scared."

    Sounds like someone's attorney prepped him properly.

    On a side note, I wonder if this was the traditional scam, like a honey trap, where the girl and the "ex" were in on it, to con a series of men out of cash or whatever. It would be interesting if other men had similar stories of how her "ex" happened to be present whenever they showed up, inside the house.

    Like these folks:
    https://www.dailymail.co.uk/news/art...rida-home.html

    Apparently, the ex-husband still lived there while Kelly was "dating" other men.

    "Henrick’s wife is devastated. “I don’t understand why you had to shoot him so many times. Why you had to take him away from me,” said Kelly French, the victim’s wife. “He was the most amazing father. He was a really good friend. He was my husband, and we spent seven years together.”"


    See the widow in the video here; (remember, that meth ain't gonna buy itself.)
    https://pittsburgh.cbslocal.com/2018...pect-arrested/
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  10. #30
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    Default Re: Chilling Picture Painted By Asst. DA in Self-Defense/Alleged Criminal Homicide Ca

    Boy, that was some fake news if there was any. The reporters convicted Shellhamer because he had a gun and is white. It's why no one trusts the news or news reporters.
    Corruption is the default behavior of government officials. JPC

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