Two killings test right of self-defense

The Baltimore Sun ^ | April 8, 2006 | Jennifer McMenamin

[neverdem]

Each case may turn on whether life was in danger

Karen L. Foxx had sought court orders to keep her estranged husband away, had filed criminal assault charges against him and changed her phone number. She also bought a gun to protect herself, and last Saturday, her lawyer says, Foxx did just that when she fatally shot her husband.

Now the Randallstown woman awaits word on whether she will be charged with a crime - one of two recent cases in which the legal right to self-defense is under examination.

The Randallstown shooting occurred two weeks after a 57-year-old gas station owner was attacked by three would-be robbers at the upscale Village of Cross Keys shopping center in North Baltimore, grabbed his own gun and fatally shot one of the assailants.

In such cases, the decision to file charges often hangs on whether prosecutors or grand jurors determine that the shooters reasonably believed that their lives were threatened before pulling the trigger, legal experts interviewed this week said.

In a 2001 case involving two brothers who killed a man after lying in wait for burglars, a Baltimore County grand jury decided the shooting was justified, even though the intruders were unarmed.

In a 2003 case, two businessmen were acquitted of murder charges after shooting a man who broke into their East Baltimore warehouse.

Given the police accounts of the two recent shootings, the experts interviewed say it's unlikely that either Foxx or the gas station owner, Mark A. Beckwith, will be charged.

"I don't think a crime has occurred. I don't think it's even close," said Richard M. Karceski, a criminal defense attorney who represented one of two brothers cleared in the 2001 shooting of three unarmed intruders at the brothers' concrete plant in Glyndon. "Just because an unfortunate situation..."

[GeorgiaDawg32]

**sniff**..I love happy endings...

[GeorgiaDawg32]

.

[freepatriot32]

ping

[freepatriot32]

pings

[Logophile]

"I don't think a crime has occurred. I don't think it's even close," said Richard M. Karceski, a criminal defense attorney....

Judging from what I read, he is right -- unless self-defense is now a crime.

[Supernatural]

A round of applause for the Armed Citizens.

[justshutupandtakeit]

Those who vote Libertarian need their heads examined how they are held is irrelevant.

[ArrogantBustard]

But this is the Peoples' DemocRATic Cesspool of Maryland, so ya never know.

[conservativewasp]

This happened in Maryland, they could easily go to jail. Just one of a thousand reasons we now reside in Virginia.

[Rakkasan1]

you mean orders for protection don't stop people intent on harming you?

who knew!?

[TalonDJ]

Yeah, a nice warm fuzzy to start the week off. So many scum bags getting ventilated in one article :-D

[2ndClassCitizen]

Armed citizens are taking out more criminals than the police in MD. But who's counting?

[BFM]

... unless self-defense is now a crime.

This is Maryland we're talking about. (I'm sorry to say, my home state)

[Naptowne]

You are ignorant and don't really know what you are talking about. Maryland is a beautiful state, and we do have a Republican governor. I also will point out that Maryland's economy is doing just a little bit better than Virginia's economy right now. The only thing VA has going for it is good taxes, which is negated by the fact that there are far fewer high-paying jobs in that state. Northern VA is about as liberal as it gets, and if the trend keeps up Va as a whole will be a blue state in a few years. I suppose you think Richmond and Hampton are lovely places, but last time I checked Richmond has a higher per capita violent crime rate than any city in Maryland including Baltimore. Maybe you should think before you insult an entire state, and let us know when any Fortune 500 companies or professional sport franchises move to your state.

[Arthalion]

In a 2001 case involving two brothers who killed a man after lying in wait for burglars, a Baltimore County grand jury decided the shooting was justified, even though the intruders were unarmed.

A few years ago, here in Modesto, some guy bought and started remodeling a beautiful old turn of the century home in one of the town nicest neighborhoods. Over a several week period, the home was broken into a half dozen times and robbed of tools, building supplies, and anything valuable that could be carried off. The police blew him off ("Whaddya want us to do, stand guard?"), his neighbors didn't see a thing, and his insurance company was getting very antsy about the payouts. So he did what any red-blooded American would do...he grabbed his sleeping bag and his shotgun, and camped out in the middle of his new home. The very first night, the perp took a prybar, busted open the new door, and was met with a square center mass load of 00 buck...he was dead before he hit the floor. The police showed up, saw the prybar in the guys hand, and let the guy go with a handshake and a pat on the back.

This being whiny liberal California, there was the predictable indignant squawks from the rabid gun grabbers about how this guy murdered an "innocent thief" over property, but they were ignored and the man was never charged.

[Naptowne]

Maryland may be predominantly democrat, but we certainly don't produce a Massachussetts or California brand of liberalism. In fact the state is mostly conservative if you cancel out Baltimore City and PG County. In every such instance I can recall (including the ones provided in the article)no home or business owner has been prosecuted in the state for killing and intruder in self defense. I am not saying that it has never happened, but I cannot remember it happening. I also note that every firearm that is legal in the United States is also legal in Maryland.

[buckeyemd]

". . .one of two recent cases in which the legal right to self-defense is under examination. . ."

Hmmm. . .when I last checked, self-defense was a moral and ethical duty. . .

[Little Ray]

Sounds like the lady and the attendant have a good chance of acquittal. Hope the trial doesn't cost 'em too much.

[Naptowne]

It is worth pointing out that this article appeared in the Baltimore Sun, whic is ideological bastard child of the the New York Times. I seriously doubt these people will be charged unless there is strong evidence to suggest that it was not self defense.