What would a jury say?

[stuckinnj]

My first advice is to stop posting on this thread or any other - your post is now a statement made by you, which can be used against you. While the prosecutor can't make you get on the stand, he/she now has a statement(s) made by you which can be introduced into evidence. Do not discuss this matter with anyone other than your attorney or spouse.

stuckinnj

[todd]

Had a suspicious car parked in front of my house once. I went out got the plate and VIN number. Called the police to investigate. 24 hours later an officer showed up, i told him had no idea, I asked the neighbors aroung me and no one knew. he said we would call it in to flag it. I asked if he was going to tow it, he said no it had to sit for 3 days then towed.

[devildave31]

As an everyday joe placed in the role of a juror, I would completely have sided with you, particularly because you had already fended off a blow, also because you did not pull the trigger rashly.

I will say however, that had it been me, I would have told someone at the front door of the party to tell whoever owns the car to move it, and then left. Personally, (mostly because I am a non confrontational type) I would never have allowed myself near the partiers unless on my own property (and that is primarily because of the often illogical and macho behaviour of drunks). If they did not move it, then I would let the authorities handle it.

I am not in any way, criticizing your handling, just saying what I would have done.

[fredmaidment]

Your first mistake was not calling 9 - 1 - 1 after being battered. The man threw a punch. Whatever happened after that, he was the aggressor. You should have reported it, especially since you knew they were going to call the police and give their story.

Your story seems a bit fishy to me, and I am personally inclined to believe a man who is confronted by a gang of five drunk men on his own property. A good prosecutor could make it look like you were angry about the party across the street and making threats, get any statement about your other neighbor suppressed as argumentative or irrelevant. You might have even claimed to be a LEO instead of ex-LE. Maybe you thought your ex-LE status would get you out of trouble? Thin blue line and all... Who knows?

Your story may be the truth, but it smells. Clean-off (but don't cover up) the stench.

[BBJ]

Does your LEO Training also tell you to let a drunk get into a vehicle and drive? Personally, I think you should have called 911 and stayed in your house until police arrived. (Just my opinion)

[Wolfling68]

If this is going to trial, it is not about what happened, it is definately not about truth, it is about which lawyer is better. How do you feel about your lawyer?

[mot mayhem]

First off, welcome.

- I would not hesitate to walk to a neighbors (if I had any non amish that were in walking distance) if we were on civil terms to ask if they knew whose car it was.

- You had a flashlight which is a useful weapon in that scenario against a group of drunks. I feel it would be less deadly a force than a pistol (even though good contact to the skull could kill).

- You may not have been able to retreat, and had to stand your ground.

- The gun may have been excessive, but if you felt threatened, well, that is you, and your responsibility to convince the jury.

- You should have called the authorities after the assault, now it looks bad against you like you were trying to hide something.

Being an ex LEO, you may have been thinking like one still, but also that may have been your downfall. I am glad noone got shot. Good luck in what happens.

[wildcathunter]

i hate this had to happen to you. However, i can guarantee the prosecution is going to argue that since you were able to back away then you could have run never needing to pull your gun. You are right in the fact that you have a right to stand your ground. But when you pull that firearm you better be prepared to use it. For some reason a lot of places look as pulling a gun as a clear and present threat even though you never said anything, instead of a deterrent. Hire a good lawyer my friend cuz im afraid your going to need it. 5 witnesses to your 1.

[Ceicei]

On the other hand, you were threatened when he tried to strike you and if his buddies had decided to jump in too.... not good odds. When the odds are 5-1, especially after you were attacked with an attempted punch, perhaps you were justified.

- Ceicei

[GeneralSumter]

Unfortunately, when it comes to a jury, perception is more realistic than truth. Hind sight is 20/20 so I'm not going to re-state what everyone else is saying. Moving forward, you need a good lawyer with a good history and friendly to LEOs. He will likely use your past LE-experience as an asset in proving to the jury that you intended for self-defense, not assault.

Oh yeah, and pray.