self defense IS a RIGHT !
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No criminal charges in shotgun home defense (SC)
No criminal charges in shotgun home defense
--man thought gunshot had been fired in his direction
by GLENN SMITH Of The Post and Courier Staff
Story last updated at 7:32 a.m. Wednesday, August 20, 2003
Solicitor Ralph Hoisington said Tuesday he will not seek criminal charges
against a West Ashley homeowner who shot two men waging a shootout in his
front yard earlier this month.
Hoisington said he concluded that 67-year-old William Gates did nothing
illegal Aug. 1 when he stepped onto the porch of his Tripe Street home and
opened fire with a shotgun. "While I'm not necessarily encouraging this
type
of action, I do not intend to prosecute in this case," Hoisington said.
Gates thought a shot had been fired in his direction, and he was defending
himself and his home, he said.
Gates, a semi-retired brick mason, said he was pleased by the decision
"because I know darn well I didn't go on the other side of the law." "I'm
sorry it happened, but I feel I did the right thing," he said.
Hoisington's announcement came the same day Charleston police filed
assault
and weapons charges against one of the men Gates shot. Christopher
Hampton,
22, is accused of wounding 27-year-old Kevin Hazel during the initial 4:40
a.m. shootout outside Gates' home. Police say Hampton shot Hazel in the
back
after the two argued. Hazel's brother, 24-year-old Montez Hazel, then
reportedly opened fire on Hampton, said Detective Sgt. Barry Goldstein.
The gunfire woke Gates, who grabbed his 12-gauge Browning automatic
shotgun,
stepped outside and fired three blasts at the men, wounding Hampton in the
abdomen and Montez Hazel in the torso, police said.
Hampton, who was released from the hospital last week, surrendered to
authorities Monday night at the Charleston County jail, Goldstein said. He
is charged with assault and battery with intent to kill and possessing a
firearm during a violent crime. Magistrate Jack Guedalia denied bail
Tuesday
on the assault count and set bail at $200,000 on the firearms violation.
The Hazel brothers remained hospitalized in fair condition while
recovering
from their wounds, Goldstein said.
Gates, an avid hunter and gun owner, said he only was trying to protect
his
wife and home. Angered by persistent illegal drug activity taking place on
his property and harassment by drug dealers, Gates said gunfire was the
last
straw.
Two of the three men have previous drug convictions, according to
Charleston
County court records.Police confiscated Gates' shotgun and six other guns
inside his home, but he was not arrested. Charleston Police Chief Reuben
Greenberg said Gates merely was protecting himself and his home.
South Carolina case law historically has upheld the use of deadly force as
a
defense when a person's life and home are threatened. In 2001, former
attorney general Charlie Condon instituted a home-invasion policy that
protected citizens from prosecution for defending themselves against
intruders.
Hoisington said the Tripe Street case caused him "a little concern"
because
Gates was outside his home when he fired on the men. The case would have
been more clear-cut if Gates had been threatened inside his home, he said.
"I think there is a fine line between defending your residence and
defending
your property," he said.
Today's guns, however, have the ability to pierce walls, increasing the
threat to those inside a home, Hoisington said. Gates also was entitled to
go out to his porch to see what was happening, even if that might not have
been the prudent thing to do, he said. "When there is a perception that
you
are being fired upon, I think it's fairly clear you can return fire," he
said.
Gates said police have returned all of his guns but the shotgun, and he
expects to get that back soon. He said no one has sought retribution
against
him for the shooting and that the drug dealers have stayed clear of his
property. "The place is clean since it happened," he said. "I just hope
they
be cool and stay away from my place with that stuff."
Gates said he has received more than 200 calls -- some from as far away as
Canada and Germany -- from people congratulating him for taking a stand.
"Every one of them has been supportive," he said.
http://www.charleston.net/stories/082003/loc_20gates.shtml
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No criminal charges in shotgun home defense (SC)
No criminal charges in shotgun home defense
--man thought gunshot had been fired in his direction
by GLENN SMITH Of The Post and Courier Staff
Story last updated at 7:32 a.m. Wednesday, August 20, 2003
Solicitor Ralph Hoisington said Tuesday he will not seek criminal charges
against a West Ashley homeowner who shot two men waging a shootout in his
front yard earlier this month.
Hoisington said he concluded that 67-year-old William Gates did nothing
illegal Aug. 1 when he stepped onto the porch of his Tripe Street home and
opened fire with a shotgun. "While I'm not necessarily encouraging this
type
of action, I do not intend to prosecute in this case," Hoisington said.
Gates thought a shot had been fired in his direction, and he was defending
himself and his home, he said.
Gates, a semi-retired brick mason, said he was pleased by the decision
"because I know darn well I didn't go on the other side of the law." "I'm
sorry it happened, but I feel I did the right thing," he said.
Hoisington's announcement came the same day Charleston police filed
assault
and weapons charges against one of the men Gates shot. Christopher
Hampton,
22, is accused of wounding 27-year-old Kevin Hazel during the initial 4:40
a.m. shootout outside Gates' home. Police say Hampton shot Hazel in the
back
after the two argued. Hazel's brother, 24-year-old Montez Hazel, then
reportedly opened fire on Hampton, said Detective Sgt. Barry Goldstein.
The gunfire woke Gates, who grabbed his 12-gauge Browning automatic
shotgun,
stepped outside and fired three blasts at the men, wounding Hampton in the
abdomen and Montez Hazel in the torso, police said.
Hampton, who was released from the hospital last week, surrendered to
authorities Monday night at the Charleston County jail, Goldstein said. He
is charged with assault and battery with intent to kill and possessing a
firearm during a violent crime. Magistrate Jack Guedalia denied bail
Tuesday
on the assault count and set bail at $200,000 on the firearms violation.
The Hazel brothers remained hospitalized in fair condition while
recovering
from their wounds, Goldstein said.
Gates, an avid hunter and gun owner, said he only was trying to protect
his
wife and home. Angered by persistent illegal drug activity taking place on
his property and harassment by drug dealers, Gates said gunfire was the
last
straw.
Two of the three men have previous drug convictions, according to
Charleston
County court records.Police confiscated Gates' shotgun and six other guns
inside his home, but he was not arrested. Charleston Police Chief Reuben
Greenberg said Gates merely was protecting himself and his home.
South Carolina case law historically has upheld the use of deadly force as
a
defense when a person's life and home are threatened. In 2001, former
attorney general Charlie Condon instituted a home-invasion policy that
protected citizens from prosecution for defending themselves against
intruders.
Hoisington said the Tripe Street case caused him "a little concern"
because
Gates was outside his home when he fired on the men. The case would have
been more clear-cut if Gates had been threatened inside his home, he said.
"I think there is a fine line between defending your residence and
defending
your property," he said.
Today's guns, however, have the ability to pierce walls, increasing the
threat to those inside a home, Hoisington said. Gates also was entitled to
go out to his porch to see what was happening, even if that might not have
been the prudent thing to do, he said. "When there is a perception that
you
are being fired upon, I think it's fairly clear you can return fire," he
said.
Gates said police have returned all of his guns but the shotgun, and he
expects to get that back soon. He said no one has sought retribution
against
him for the shooting and that the drug dealers have stayed clear of his
property. "The place is clean since it happened," he said. "I just hope
they
be cool and stay away from my place with that stuff."
Gates said he has received more than 200 calls -- some from as far away as
Canada and Germany -- from people congratulating him for taking a stand.
"Every one of them has been supportive," he said.
http://www.charleston.net/stories/082003/loc_20gates.shtml
