Posted on 06/21/2018 10:11:15 AM PDT by marktwain
On 16 November 2016, an off-duty security guard, Melvin Stephens, shot and killed a man who charged at him up stairs at his apartment complex. The incident occurred in Austin, Texas. The two had been in a confrontation earlier. The man killed, Dedric Earl, had scissors that were discovered at the scene. Stephens called 911 to report the shooting.
Stephens was arrested and jailed because of statements he made to police. Bail was set at $125,000. It was more than Stephens could raise or afford. He spent over one and a half years in jail, from November 2016, to June 2018. From mystatesman.com:
Defense lawyer asked for testing of bloody scissors found in area of shooting.
Stephens, 49, had no criminal history when he fatally shot Dedrick Earl in November 2016.
A man who fatally shot a man armed with scissors was acquitted of murder and got to go home Friday after a year and a half behind bars.
After deliberating for three hours Thursday, the Travis County jury weighing Melvin Stephens’ self-defense claim needed just 15 minutes Friday morning to return the not-guilty verdict.
“Really happy for Melvin,” his lawyer Robb Shepherd said. “He gets to go home to his family.”
The defense overcame a police interview shown on video to the jury in which Stephens, 49, told investigators he regretted shooting Dedrick Earl and that he “didn’t have to” do it. The two had been feuding at a North Austin apartment complex after Earl and another man vandalized Stephens’ Ford Taurus with
(Excerpt) Read more at ammoland.com ...
“You have the right to remain silent. Anything you say can and will be used against you in a court of law...”
CAN & WILL BE USED AGAINST YOU
http://www.mirandawarning.org/
“On 16 November 2016, an off-duty security guard, Melvin Stephens, shot and killed a man...”
All level 3 security guards need insurance. It is not required by law or most companies who employ them. But if you carry a gun as a security officer, you need to be able to get good legal defense in the case you have to shoot someone. It can help during off-duty incidents like this also.
“I have heard good things about Texas Law Shield.”
Same here, though no personal experience.
Well, there's your problem.
The only statement you EVER make to police is:
"I was in fear for my life. May I have my attorney present before further questioning?"
Precisely.
Good in principle.
Difficult in practice.
I have actually had people practice saying the phrase:
“I have been advised to not speak until advised by counsel.”
And to repeat what has been said before, never talk to the cops. Never talk when cops are around. Never say something to the EMT's or anyone else who might repeat what you said to the cops. Never talk to reporters.
In fact the only people you can talk to is your lawyer and your priest in the confessional.
Every one else just say that you can not talk about it.
Corrupt judges approve extension requests from corrupt prosecutors. They all know this tactic is used to make defendants confess to crimes even when they did not commit them.
“Stephens, 49, told investigators he regretted shooting Dedrick Earl and that he “didn’t have to” do it.”
Don’t Talk to the Police
https://www.youtube.com/watch?v=d-7o9xYp7eE
never talk to the cops if you shoot anyone. Mr Policeman is not your friend in this situation. The first and only words should be “ I want a lawyer” then dummy up. No matter what don’t speak to the cops without your lawyer.
NEVER EVER TALK to the Police or ANY Government Official, they are NOT your friends and are the most dishonest people on the planet.
Not without a compliant judge he doesn’t.
The judge in this case should never have let this man sit in jail this long without lowering bail to a level that he could manage.
The facts in the case were not in question (at least from the what the article describes). There should not be any reason to delay the trial.
If the DA did not want to bring the case to trial either present a solid reason to delay and lower the bail or dismiss the charge.
The judge is as at fault as the DA. It is the judge’s job to protect the right of the accused from being abused by the DA. Of course, the defense attorney should be fighting for those rights before the judge. But court appointed defense lawyers are not often that good.
Step 1: Shut up.
Step 2: Lawyer up, let him do the talking.
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