2aguy
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- Jul 19, 2014
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This is a look at how court cases involving gun self defense can go....
Massad Ayoob » Blog Archive » TALLYING FEBRUARY
Early in February, I spoke for a Montana defendant in a murder trial, in which he was accused of what is called “Deliberate Homicide” there because he came home to find his door kicked in and, fearing his wife to be in the house and seeing a large and menacing home invader through the window, grabbed a pistol from his glove box and entered the house.
When he confronted the man, who had a long criminal record that included guns and violence which the jury was never allowed to know about under the prevailing rules of evidence, he testified that the intruder came toward him snarling, “I’m going to hurt you!”
As the homeowner raised his 9mm and fired, the man apparently saw the gun coming up and spun sideways, taking the bullet behind lateral midline. It proved fatal.
A prosecutor who had previously testified in the legislature against Castle Doctrine in that state decided he must have shot a helpless fleeing man, ergo the murder charge.
A defense team expertly led by a brilliant attorney named Quentin Rhoades showed the reality to the jury, which deadlocked with 10 jurors for acquittal, and two for conviction.
I’m told the two who wanted to convict were swayed by a closing argument by the prosecutor that, in entering his own home to defend his long-time spouse from an obviously dangerous intruder, the defendant had become the “initial aggressor.”
The case was scheduled for hearing on the 25th of February in regard to re-trial, but a couple of days before, the prosecutor apparently saw the handwriting on the wall and dismissed the case.
Massad Ayoob » Blog Archive » TALLYING FEBRUARY
Early in February, I spoke for a Montana defendant in a murder trial, in which he was accused of what is called “Deliberate Homicide” there because he came home to find his door kicked in and, fearing his wife to be in the house and seeing a large and menacing home invader through the window, grabbed a pistol from his glove box and entered the house.
When he confronted the man, who had a long criminal record that included guns and violence which the jury was never allowed to know about under the prevailing rules of evidence, he testified that the intruder came toward him snarling, “I’m going to hurt you!”
As the homeowner raised his 9mm and fired, the man apparently saw the gun coming up and spun sideways, taking the bullet behind lateral midline. It proved fatal.
A prosecutor who had previously testified in the legislature against Castle Doctrine in that state decided he must have shot a helpless fleeing man, ergo the murder charge.
A defense team expertly led by a brilliant attorney named Quentin Rhoades showed the reality to the jury, which deadlocked with 10 jurors for acquittal, and two for conviction.
I’m told the two who wanted to convict were swayed by a closing argument by the prosecutor that, in entering his own home to defend his long-time spouse from an obviously dangerous intruder, the defendant had become the “initial aggressor.”
The case was scheduled for hearing on the 25th of February in regard to re-trial, but a couple of days before, the prosecutor apparently saw the handwriting on the wall and dismissed the case.
