AZ:Words Make a Difference in Description of Arizona Defensive Shooting

Gun Watch ^ | 19 February, 2014 | Dean Weingarten

[marktwain]

Kriston Charles Belinte Chee was shot to death at the Chandler Walmart. (Source: Arizona Department of Corrections)

AP or the police made an interesting choice of words in describing the shooting that took place in the Chandler Walmart.  The AP story says:

PHOENIX (AP) — A man who shot and killed another man inside a suburban Phoenix Walmart opened fire in self-defense, Chandler police said Monday.

 According to Chandler police, Kyle Wayne Quadlin, 25, shot Kriston Charles Belinte Chee, 36, following a fight at a service counter Sunday afternoon.

If Mr. Quadlin did not start the fight, it would be just as appropriate to say that he "shot Kriston Charles Belinte Chee, 36, after being attacked".

Under Arizona law, you cannot claim self defense if you were the aggressor and then did not attempt to withdraw from the encounter and make clear that you were attempting to withdraw.  Here is Arizona Statute 13-404 with the relevant sections:

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

3. If the person provoked the other's use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person. 

Since the police have not charged Mr. Quadlin, it seems likely that he was attacked and not the other way around.  The use of the words "following a fight" implies two things that are in jarring contrast with the self defense claim in the article.   It implies that the "fight" was a mutually agreed to combat.  It implies that the fight was over, because of the word "following".

Notice the difference in the account by CBS5, a local Chandler station:

 CHANDLER, AZ (CBS5) -
Police said an argument led to a fatal shooting at a Walmart in Chandler on Sunday afternoon.

Kyle Wayne Quadlin, 25, of Chandler, and Kriston Charles Belinte Chee, 36, got into an argument at the store's service counter just after 4 p.m. that escalated to a physical fight, said a Chandler police spokesman.

Quadlin told police he was losing the fight and said he "was in fear for his life" so he pulled a gun and shot Belinte Chee, the spokesman said.

In this account, we learn that an argument "escalated to a physical fight" though we still do not know who struck the first physical blow, which is important.  The store video may have been of assistance here, but we do not have access to it.  We know that Quadlin was released, is said to be cooperating, and has not been arrested, all of which is consistent with him being attacked, instead of the other way around.  We know that Chee was a big man,  6'2 inches tall, and 225 lbs, and that at one point he spent a couple of months in jail for a DUI.

We also know that more than twice as many people in this country are murdered with hands and feet as are murdered with rifles.   It is clear that the use of deadly force can be justified against someone using their personal weapons.   A great deal depends on who initiated by physical altercation.  That is the part that is missing from the accounts that have been published so far.

Certainly, if Mr. Quadlin had an opportunity to defuse the encounter or to refrain from an argument, it would likely have led to a better result.   All of this is unknown, however, because we do not know what happened.   There may not have been time or circumstances to defuse the situation before the attack was initiated.  It is likely that witnesses and store video are collaborating Mr. Quadlin's account, or he would have been arrested.   Being arrested after a self defense shooting is fairly common.   Not being arrested, especially after leaving the scene (though he did stay for a while) is a little unusual, indicating a pretty clear understanding of events by the police.

The narrative of the AP is a bit reminiscent of the narrative put out in the Trayvon Martin/George Zimmerman story.   Just because a person is "unarmed" does not mean that they cannot be a deadly threat.  Many people are killed by a single blow to the head from a fist.   Everyone recognizes that a blow to the head can render a person unconscious, at which point they are at the mercy of their attacker, and can easily be maimed or killed without resistance.

Being "unarmed" is not a license to attack people with the assurance that they may not use a weapon against you.  Weapons are the great equalizer that assures smaller/weaker people that the large and strong among us cannot assert their will without fear of resistance.  I have not been able to determine the height and weight of Mr. Quadlin.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included.
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[Talisker]

Why can’t he just do what cops do and say he feared for his life? That should settle it, and get him some paid vacation, too.

[driftdiver]

Just having fun with you Walmart worshipers.

[machogirl]

I think a good chunk of that apt. complex is section 8 now. (if i’m not mistaken).

[catnipman]

“Maybe someone cut in line or took the last beef jerky.”

But, but, but you just said there was nothing at Walmart worth fighting over! :):):)

[driftdiver]

But its beef jerky!

[catnipman]

“But its beef jerky!”

OK. You have a point: beef jerky (and ammo) at Walmart MAY be worth fighting over. And breaking in line.

[ansel12]

So you don't know the meaning of worship, and you admit to trolling to merely annoy conservatives, and waste people's time.

[Cyber Liberty]

I think a good chunk of that apt. complex is section 8 now. (if i’m not mistaken).

You are not mistaken, my fair Lady.

Link.

[driftdiver]

Lighten up Francis. Your use of “lesser” is clearly objectifying and idolizing Walmart.

Its not a waste of peoples time to challenge false idols.

[machogirl]

What twenty years will do to a neighborhood. Thanks for the link.

[Cyber Liberty]

What twenty years will do to a neighborhood. Thanks for the link.

If you think what I did to the neighborhood is bad, you should see what I did to my ex.

;^)

[machogirl]

lol, before there was a grocery store way back, it was that Frys i shopped at with the kids, or Smitty’s. Alpha Beta (ABCO) sometimes.

[ansel12]

No, I think being pro-gun and anti-union is a good thing, stores that disagree are lesser in my eyes, but that is just a conservative opinion, as far as lightening up, it is you that seems to be making it kind of personal, even admitting that you are trolling on my simple post to make a big deal of your Walmart agenda, which as you say, is to troll.

[driftdiver]

You’re a trip ansel

[ansel12]

See post 12, and try not to troll, and try not to personalize things.

[driftdiver]

Its not trolling to ask for clarification when you say “lesser” stores.

I go for the best value when I shop. Sometimes thats price and sometimes its service. Walmart has no service. Perhaps thats what led to this shooting.

[dragnet2]

There isn’t anything at Walmart worth fighting over so this just seems odd.

Why would you say that? Civility is all but gone.... Multiple times every single day innocent people are being murdered, stabbed, shot, beaten, assaulted, ran over and attacked for all kinds of things, including really stupid, ludicrous reasons.

It's why so many nowadays are at least trying to protect themselves and their families by any means necessary.

Protection and self defense are not just for politicians, those who donate to politicians, the wealthy well connected etc...

[driftdiver]

Yes civility is gone, which is why we need to keep our ego’s in check. Perhaps the aggressor is dead in this story and perhaps not. We don’t really know nor will we ever. Assuming the cops have it right then this guy is fortunate. It could easily have gone the other way or he could be under arrest for murder.

Given the choice, I’d much rather walk away from beef jerky and razors at walmart then shoot someone.

[marktwain]

“Given the choice, I’d much rather walk away from beef jerky and razors at walmart then shoot someone.”

Indeed. I do not know of any instructor who teaches differently. You said it well.

Unfortunately, it is not always possible to put into practice.

[driftdiver]

I’ve had two cases where I almost had to use my firearm to defend myself. The first time was a car jacking where it was faster to hit the gas. The second was someone trying to come in a window. He changed his mind when he saw the .45 pointed at him.

I’m glad I didn’t have to shoot them. My only point was that its usually easier to hold the ego and back away from situations. Of course if someone is sitting on your chest pounding your head into a sidewalk then you cannot walk away.