Posted on 02/21/2008 2:56:28 AM PST by Troubling Times
ping
I’m sorry this happened to you. I wish I could help you in some way.
My dad used to say that your attorney is only as good as the information that you give to him. Give the attorney EVERYTHING!
Additionally...any neighbors ever had a run-in with this dude? Any others threatened? Any known incidents of battery, assault, destruction of property by this dude? Any neighborhood kids get threatening comments from him? Can your attorney get copies of this guy’s records? Do they include violence? And is there someone who might have had knowledge of that record before your incident, told you about it and therefore, because of that known information you would have had a “heightened fear” of his potential behavior the day of the incident? These could help your case as they might demonstrate a reasonable fear of the dude prior to the event.
This got so messed up because HE got his explanation in first. That makes you the defendant. You've got to turn that back around, somehow. Normally, I'd get the media in on the issue but since they're so anti-gun, that's no help.
If you're on good terms with your local Congressional representative I might get at least a character reference from them for court. I also would contact the RUTHERFORD INSTITUTE (do a Google) for help with the other cross claim legal issues. That's what they specialize in, helping "just plain folks" get out from under the heel stomp of BIG BROTHER. That's all I can come up with now. It's Friday and I'm just this side of the Living Dead here in my 5th period Economics class. Good thing I had a worksheet for them to complete or I'd be in deep trouble. If I can think of anything else, I'll post it later. Take it easy. They can kill you but they can't EAT you, right?
Now that is an excellent suggestion! Pepper spray would provide an intermediate step in the continuum of force, although sometimes you get someone who can take a face full and still keep going. Taking such a step would also signal a (sane) jury that you weren't just "looking to draw on someone".
Something else to carry...
I myself have been a similar situation, where if my (verbal) assailant had chosen to press the issue and moved to close on me, I would have had to draw on him, because I am not going to engage in a wrestling match -- too many things could go wrong with that. If you possess a standoff capabily, you have to maintain that capability. You don't want to get shot with your own gun.
Joe, This doesn’t feel like a money-maker for our friend. He’ll be lucky to get out with his record intact.
None of those at the time were optimal, I decided to carry pepper-spray to givce me an advantage and to show a jury (if required) that I had attempted to use non-lethal means to resolve a situation.
I still mentally practice quick draws in various scenarious.
Sometimes deadly force is the first option.
Exactly so. After two months if he has not produced a more cogent account of events he has a bad attorney, weak case or both.
On the other hand, Ed Cantrell managed to pull off a successful defense:
http://www.aetv.com/city_confidential/city_episode_guide.jsp?episode=136376
Best regards,
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