Thursday, July 1, 2010

New Article Series : For the Defense

Recently I had a conversation with a defense attorney, who explained that a client had, in self-defense, shot and killed a would be attacker.

As it was explained to me they were going to have a difficult time defending this case of "well aimed" over kill". Because apparently the Non-Victim had admirably performed a text book Mozambique Drill.

The local Prosecuting Attorney saw this as somehow nefarious and, felt it in everyone's best interest to press charges.

A lengthy diatribe on my part ensued as to why and how this was not an "assassin's maneuver" as the Prosecutor had claimed. What disturbed me the most was not the Prosecutor's angle, but rather the Defense attorney's ignorance. The firm-in-question is considered the "Go-To" defense team in the mid-west. When I had finished explaining why the client had done everything in text book fashion she said "REALLY!?"
.

Where the "Dark Arts for Good Guys" series has always been about surviving extra-ordinary circumstances in an atmosphere of lawlessness the new series "For the Defense" will examine practical insight into surviving the scarier fight.

The Court room.





8 comments:

harp1034 said...

I hope the defense brings in someone to explain it. Let us know how it turns out.

Mackenzie Evans said...

I think this new series will be much needed. Looking forward to reading.

Attila said...

I'm glad the good guy survived. It's detestable that any prosecutor would press charges for effectively defending oneself.

Due to OPSEC I doubt my offer can be accepted, but I sincerely wish for an opportunity to buy the non-victim a beer.

armed_and_christian said...

Looking forward to it, as well as all else you impart. Glad you are back, safe, and well.

Mike said...

Comments like this make it clearer and clearer why every single gun owner should know the local state gun rights organizations, as almost all of them should know an attorney with experience handling self defense cases. There's such a huge difference in how you approach a normal defense and a self-defense case. I've read too many sad stories of attorneys who didn't know how to defend against claims of cop-killer bullets and assassin-style shooting to ever trust someone who doesn't do these kind of cases for a living with my life.

tgace said...

Knowledge of ones self defense statutes should be close to the top of the preparedness list. Looking forward to the series.

Jason Cato said...

It happens all too often.
In Flagstaff we had a former teacher and father of 7 sentenced to 10 years for shooting a homeless man on hiking trail. (http://freerepublic.com/focus/news/1678124/posts)
One of the jurors, after the trial, stated she decided to convict because Fish had used hollow point bullets, which are "only designed to kill people."

tom-the-impaler said...

Got a case pending here in Oklahoma City. Pharmacy in a neighborhood so nice people have to be buzzed in. 2 teenagers with guns pose as customers (with getaway car and accomplices waiting), get buzzed in and proceed to try to rob the place at gunpoint. Proprietor shoots back, wounding one, perhaps fatally (this is in contention) chases the other who escapes, and returns apparently shooting the first perp again.

I figure the little shits went looking for trouble and it found them. For some reason though, the D.A. felt like prosecuting this guy and so he sits waiting for trial.