CA: Marin Prosecutor Anti-Self Defense in Doctor "road rage" case?

Gun Watch ^ | 9 January, 2015 | Dean Weingarten

[marktwain]

Dr. Simon and presumed wife of 38 years, center.

Dr. Simon had the charges against him dismissed by the judge during a preliminary hearing on Tuesday, 6 January, 2015.  He had plead not guilty and had claimed self defense.   The incident occurred about six months ago on July 17, 2014, at his home in Corte Madera, in a canyon in Marin County California.

Dr. Simon and his wife, in a "Smart car" drove around business mogul William D. Ostenton, who was in a small Mercedes.   Perhaps Mr. Ostenton was on the phone or distracted.  Notice that the Doctor and his wife are not large people.

Ostenton took exception to the Doctor's driving and aggressively followed them for nearly a mile, and blocked the closing of their automated garage door with his car's hood.

The Doctor fired a "warning shot" to alert the aggressor that he was armed.  The shot was directed into the unoccupied opposite hillside of the canyon where they live.

William D. Osenton, from Tiburon, California, Former President of Pacific Guarantee Mortgage Corp.

Osenton's testimony did not hold up.  From cbslocal.com:

Testimony called into question Ostenten’s memory of the incident. He reported having only “flashes” of memory. At one point, he told police that he put his hands up and said ‘Don’t shoot,’ but he also told police he never saw the doctor holding a gun.

Marin County DA Ed Berberian does not like the judges decision, and is not shy about saying so.   Making comments essentially disparaging the judge does not show good judgement, and it likely does not sit well with the judge, either.  Here is the quote by DA Berberian:

“I’m very disappointed in the ruling. I think it sends the wrong message to the community. Since I have been DA, I have been extremely sensitive to the issue of gun violence. I don’t want that in our community. We have to have some community standards,” Berberian said.

Any DA that separates out "gun violence" from other types of violence shows a  distinct bias.  He probably should not be a DA. 

The Judge's decision appears well thought out; the District Attorney's does not.  An aggressive man follows you home, essentially forces his way into your dwelling by blocking the door from closing with a car, ignores shouted warnings, ignores a "warning shot", and appears to be much larger and in better physical condition.

As the Doctor testified "What else was I supposed to do?"

I wrote about the incident last July.

One of the comments from marinij.com indicated an anti-self defense bias in DA Berberian:

In the other case I mention, a person was arrested after shooting a knife- wielding attacker who had broken into the victim's house through the window while the victim was on the phone with the 911 dispatcher. The victim had never committed a crime in their life and had a restraining order against the attacker. The victim had called the police many times about the attacker. The attacker got in through the broken window, lunged at the victim to wrest the gun away and was shot and killed. The victim was charged with murder by our Marin DA but the judge threw out the charge, so the DA is now pursuing manslaughter charges against the victim. The victim is still in jail after many months, awaiting trial, cannot afford the bail amount. I read in the IJ that the DA will push for 21 years prison time, because he used a gun. 21 years for defending yourself in your own home against an armed intruder while you are on the phone to 911? REALLY?!?

For those who think justice is purchased in the United States, note that Osenton seems to be the much wealthier man.   Even if he had not been wealthy, it is unlikely that the prosecutor would have charged him with trespass.  Two .357 slugs to the gut was probably considered enough punishment for his absurd lack of judgment.  They must have excellent medical care in Marin for him to survive.

I did not hear of any toxicology reports from the shooting.

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

On reflection, I would be that the .357 was loaded with .38 special loads. It would explain the survival. It is a fairly common practice.

[marktwain]

“I would be” should be “I suspect”

Tired, late night with infant grandson.

[Secret Agent Man]

that da needs some long jail time. perversion of justice. framing the innocent.

[driftless2]

I read the article two or three times. I only gleaned that Osenton had taken two slugs from the doctor near the end of the story. The story should have been headlined “crazy business mogul gets himself shot in road rage incident.”

[VeniVidiVici]

The idiot DA should be tarred and feathered

[Norm Lenhart]

Glad this ended ‘well’ for the man. But when you make a free choice to submit you and your family to life under a communist state, you don’t have a lot to complain about when they go full Communist on you. It’s not like it comes as a shock.

People left better conditions with the clothes on their back and crossed the ocean. Someone able to afford life in cali can afford to leave cali with more than the clothes on their back. There is no excuse for endangering ones family on purpose.

[Bob]

I think it’s two separate cases. In the second one, the attacker did die and the homeowner was charged with murder.

[Tigerized]

There’s a very important aspect to this story which is being ignored...

Smart cars (and Priuses with Obama stickers) tend to make people fly into uncontrollable rages. Perfectly understandable.

If I were the guy in the Mercedes, I’d claim temporary insanity, provoked by being passed by a Smart car.

And if I owned a Smart car, my own sanity would be questionable. And I’d NEVER leave home without carrying...

[Rockpile]

Smart cars are made by Mercedes, right? To boost the company’s corporate fuel economy?

[Rockpile]

DA Barbarian is truly evil. Plus he has likely had his pockets lined by the “victim”.

[Inyo-Mono]

Since I have been DA, I have been extremely sensitive to the issue of gun violence.

This had nothing to do with "gun violence," elderly man just trying to protect himself and his wife from a violent nut.

[apoliticalone]

A DA that isn’t interested in justice has no business being a DA. He’s running his own agenda instead of attempting to ferret out justice for his constituents.

[Frank_2001]

“To boost the company’s corporate fuel economy?”

Is THAT why they make them??? I thought they just had a VERY bad sense of humor! ;)

[kiryandil]

Sounds like the homeowner in the second case wouldn’t have had any more to lose if he’d shot the DA in the face, too.

[trebb]

This had nothing to do with "gun violence," elderly man just trying to protect himself and his wife from a violent nut.

And he showed tremendous restraint by warning, instead of killing, the ass-hat that forced his car into the environs of his castle...