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Judge aquits two men who shot intruder
The Baltimore Sun Website ^ | January 24, 2003 | Allison Klein

Posted on 01/24/2003 7:48:01 AM PST by Ranxerox

Arguing that the state's murder case "challenged the foundation of the right to defend yourself," two Harford County businessmen were acquitted yesterday of gunning down a drug addict who broke into their East Baltimore warehouse.

Prosecutors said the men, frustrated by repeated burglaries at their business, were acting with murder in mind, not self-defense, when they killed Tygon Walker with a shotgun and a handgun in June 2001. But Baltimore Circuit Judge John M. Glynn pronounced Kenny Der and Darrell R. Kifer not guilty of first-degree murder seconds after attorneys finished their closing arguments.

(Excerpt) Read more at baltimoresun.com ...


TOPICS: Crime/Corruption
KEYWORDS: guncontrol; selfdefense
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This case never should have been presented to the Grand Jury. In Maryland, a gun owner is a criminal no matter what, and criminals with guns go free. Go figure.

Isn't there a law to go after people who deny or refuse to recognize your rights?

1 posted on 01/24/2003 7:48:01 AM PST by Ranxerox
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To: Ranxerox; bang_list
Maryland bang
2 posted on 01/24/2003 7:58:20 AM PST by SteveH
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To: Ranxerox
Some more of the article:
On June 30, 2001, Der and Kifer were on the first floor of the two-story warehouse when they heard noises upstairs. They had been fixing a table for the Mount Washington Tavern, where Der works as a disc jockey.

Der, armed with a handgun, and Kifer, armed with a shotgun, walked upstairs to investigate the noise when they came upon Walker, who had just broken in through a window. Walker, who had no money or drugs on him, was intoxicated and high on morphine, according to an autopsy report.

Defense attorneys David B. Irwin and Leslie A. Stein argued that Walker was brandishing a hammer and said he was going to kill the men. Der and Kifer fired, hitting Walker five times with shotgun pellets and six times with bullets from Der's .45-caliber handgun. ...

Walker had lived in the 1100 block of E. Belvedere Ave. He was convicted of felony theft in Baltimore in 1994, records show. He also had been arrested eight times on various charges in Baltimore between 1993 and 1996.


3 posted on 01/24/2003 8:02:35 AM PST by bvw
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To: Ranxerox
The Der and Kifer case is one of a handful of Maryland self-defense killings in which the gunmen have not been held legally responsible for murder.


Believe it or not, the "gunmen" they refer to here in the article are the two victims, not the intruder.
4 posted on 01/24/2003 8:14:59 AM PST by Freeper 007
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To: Freeper 007
Judge Glynn gets the Straight Thinking award for the day.
5 posted on 01/24/2003 8:17:45 AM PST by Eric in the Ozarks
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To: Ranxerox
Not the cleanest shoot imaginable, but the outcome was right. This is a victory for Maryland gun owners, and God knows we need all the victories we can get.
6 posted on 01/24/2003 8:25:54 AM PST by blau993
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To: Ranxerox
They shot this guy 11 times! I have no problem with self-defense shooting, but isn't that a bit excessive? I'd love to see if there was any analysis of the angle of the bullets to see if he was still standing though all of this, or if they shot him repeatedly after he hit the ground.

Now, if he was loaded on morphine I can see where he might have been resistant to fall at first, but it strains credulity that he didn't go down after the first half-dozen shots hit him.
7 posted on 01/24/2003 8:33:30 AM PST by RonF
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To: Ranxerox
"Cohen said the men were angry because the warehouse had been broken into many times in recent weeks, including one incident hours before the shooting. Walker had 11 gunshot wounds, including five in the back."

Five shots in the back? Tell me again that this was just self-defense.
8 posted on 01/24/2003 8:34:47 AM PST by RonF
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To: RonF
They shot this guy 11 times! I have no problem with self-defense shooting, but isn't that a bit excessive? ~ RonF Woody.
9 posted on 01/24/2003 8:46:20 AM PST by CCWoody
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To: RonF
If you break into someone elses property. As far as I'm concerned they have a right to torture you to death.
10 posted on 01/24/2003 8:48:32 AM PST by CyberSpartacus
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To: RonF
Excessive? Why does it even matter how many times the intruder was hit, or how many shots are fired? The real question is: do I have the right to use deadly force in self-defense or not? If I do have that right then the number of hits is immaterial, since the end result is the same. There aren't varying degrees of "deadness", dead is dead wether from one shot or eleven.
11 posted on 01/24/2003 8:50:33 AM PST by Ranxerox
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To: RonF
five of the 11 wounds were shotgun pellets, all arriving within a hundredth of a second of each other.
12 posted on 01/24/2003 8:51:26 AM PST by ko_kyi
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To: ko_kyi
oh, and a couple of the other wounds were grazes.
13 posted on 01/24/2003 8:53:18 AM PST by ko_kyi
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To: Ranxerox
U.S. Code, Title 18 [US Criminal Code] Section 242

Deprivation of rights under color of law..
14 posted on 01/24/2003 8:54:53 AM PST by freddy
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To: ko_kyi
Sounds like these guys should spend some more time at the range.
15 posted on 01/24/2003 8:56:06 AM PST by Tijeras_Slim (Had to lock up my guns, 'cause they was goin' out drinkin'.)
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To: Ranxerox; summer
Tygon Walker

Tygon? What kind of name is that? Perhaps he was a Borg.

Tygon

16 posted on 01/24/2003 9:00:41 AM PST by csvset (Criminal with a strange name ping)
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To: Tijeras_Slim
It was dark, they were frightened, and they survived while the attacker didn't. I guess they had enough time at the range. :)
17 posted on 01/24/2003 9:05:05 AM PST by ko_kyi
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To: ko_kyi
Hm. See, from this account:

"Walker had 11 gunshot wounds, including five in the back. "

"Der and Kifer fired, hitting Walker five times with shotgun pellets and six times with bullets from Der's .45-caliber handgun."

I had interpreted "five times with shotgun pellets" as being five different discharges of the shotgun, not five pellets. But if you have another source that says different, then that's a different issue.

But there's still some issues, to me. First, I'd think that if you were shot 5 times with a .45, you'd have gone down before the 5th shot. So that's a bit questionable. Then there's the issue of five shots in the back. If that's five pellets from one shotgun firing that hit him as he spun around, O.K. If they stood over him and pumped 5 rounds into him after he fell down on his face, then that's wrong. Is there a source for more detail on what happened?
18 posted on 01/24/2003 9:11:40 AM PST by RonF
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To: freddy
U.S. Code, Title 18 [US Criminal Code] Section 242

Deprivation of rights under color of law..

Boy..!!! Did I get that one wrong...!!!
Ignore my post..#14... Sorry...
19 posted on 01/24/2003 9:12:04 AM PST by freddy
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To: RonF
>>>...They shot this guy 11 times!

They ran out of bullets. :-)

20 posted on 01/24/2003 9:15:52 AM PST by Dan(9698)
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