Is there a boogeyman?
Page 1 of 3 123 LastLast
Results 1 to 10 of 22

Thread: Is there a boogeyman?

  1. Is there a boogeyman?

    The title of this thread probably threw you off. I was trying to research people who have been convicted of murder or manslaughter where a reasonable claim of self defense has been asserted.

    We hear the horrors of using our weapon in self defense.

    Can anyone provide a link to a news article or court case of a person convicted or even charged with murder or manslaughter for using a weapon (firearm or other) in self defense.

    I'm not saying the possibility doesn't exist. I just want to examine the situations as I'm prepping to become an instructor and think this would be great insight.
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  2.   
  3. #2
    Join Date
    Sep 2010
    Location
    Tacoma, Washington
    Posts
    475
    The boogeyman your looking for is either in jail or on death row. So I don't think you will find first hand knowledge. I can tell you here in Washington state the courts are funny. A man was going to break into a house and fell through the skylight and was able to sue the homeowner for his injuries. Another got sued due to having a dog that bit the man while climbing through the window. In both of these cases the people sue admitted to being in the act of an illegal crime when getting injured and still won the law suite.

  4. #3
    Join Date
    May 2010
    Location
    Flint, Michigan
    Posts
    756
    Kasper is right, you probably wont hear of any honest cases of a self defense shooting being charged, what you do hear about is those who actually murdered someone claiming self defense.
    People falling through sky lights, or climbing in windows [breaking laws] in many cases try and sue someone, the castle doctrine is what prevents those kinda of events being successful for a would be BG.
    I personally have not heard of any recently that would have sparked some interest in paying attention. Best bet is to google it and see what pops up.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  5. #4
    Join Date
    Sep 2010
    Location
    Tacoma, Washington
    Posts
    475
    Sorry should have stuck with stories that involved guns. But I did find this one that is funny.

    December 29, 2010

    Annals of personal responsibility
    Thomas Galloway walked into a bar. And, yes, this is the beginning of a joke, or at least a joke of a lawsuit. Galloway had brought a gun with him into the New Kensington, PA bar "Envy"—but so had another patron. The two found themselves in a gunfight, and Galloway spent five days in a hospital recovering from his wounds before he was convicted for being a felon in illegal possession of a weapon. This was, Galloway said, the bar's fault for not searching its patrons for weapons. Thankfully, a federal court threw out the case; at least it was pro se. [Valley News Dispatch; AP/law.com]
    At least here the case was thrown out.

  6. Again, I am looking for cases where it is not a BS claim of self defense. By BS claim I mean "Well, your honor.. I was selling this guy some crack when he tried to rob me. I defended myself by busting a cap in his a.."

    I mean legitimate self defense claims ending up in court.
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  7. #6
    Join Date
    Apr 2010
    Location
    Georgetown, Texas
    Posts
    403
    if you really want to research you need to go to the court and see if you can go thru some closed old cases. If and this is a big if they are ok with that.

  8. Quote Originally Posted by stingray2100 View Post
    if you really want to research you need to go to the court and see if you can go thru some closed old cases. If and this is a big if they are ok with that.
    lol going to court and trying to find that info would be interesting. I need some sort of identifier such as a name, address, or date to find the court case. I've looked through the online cases which all seem to support my theory, just wanting to see on a national level if there were any cases that sent an innocent man through the process.
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  9. #8
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
    Posts
    3,487
    Quote Originally Posted by ClearSightTactical View Post
    lol going to court and trying to find that info would be interesting. I need some sort of identifier such as a name, address, or date to find the court case. I've looked through the online cases which all seem to support my theory, just wanting to see on a national level if there were any cases that sent an innocent man through the process.
    Source DOJ possibly and Clerks of the Court On-Line in high density cities. Most COC's have online services and it is "Public Record" after conviction in most cases.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  10. Most cases I'm seeing are based on the grounds of:

    1. Accidental. Self defense is deliberate, if the killing was an accident it is not SD.
    2. Retaliation. If a person killed or injured after the threat has passed it is not SD.
    3. Murder. One case had a man claim that he beat his wife to death in SD, obviously this was not upheld.

    I'm not seeing any cases where a clear cut assertion of self defense had been denied.

    Sorry for a waste of a thread, just thinking out loud I guess.
    Quick to the gun, Sure of your grip. Quick to the threat, sure of your shot. - Chris Costa

  11. #10
    Join Date
    Sep 2010
    Location
    Tacoma, Washington
    Posts
    475
    The Gary Fadden Incident
    Written by Massad Ayoob for American Handgunner
    davehayes.org » Blog Archive » The Gary Fadden Incident.

    The story is way to big to post here so just click the link to read it.

    This is the only thing I was able to find that matches with what you were looking for. Only problem is it involves a class III weapon used in SD.

Page 1 of 3 123 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast