Arizona dog-walker shooter indicted.

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Sigh. I'm only going to go through this once:

I don't care what you have been told about all the different reasons you can kill someone now that you have a pistol on your hip. I will only do it if I feel mortally threatened. I have been shooting for 20 years & I will kill without hesitation if it is necessary. I will not murder though, and unless my life or an innocent person's life is in immediate danger that is exactly what it is.

You can keep your advice as to whether I should carry or not, thanks anyway. Here is some equally unsolicited advice for you trigger happy folks in the room in return: Get a good attorney and keep him on standby, it's probably just a matter of time before you'll be needing his services.

Now that's out of the way, good evening to you all :)

We can pick this up when the trial starts ;)
 
You've already convicted him in your mind. Tell me, why do you want to destroy the life of this man?

I doubt PBIR wants this. No where in his statements is this even implied.

Let's not have a disagreement turn into a mud-fight, please.
 
:rolleyes: I’m glad I saw this thread. I think about this tragic incident a lot. Over the past several months, I’ve tried to justify it to myself - I really have. On the other side of the coin, I’ve , also, tried to condemn it too. No matter how many times I go over this, I am unable to build and support a scenario where the shooter’s actions are truly warranted. I keep coming back to the premise that;

‘IF THE SHOOTER HADN’T BEEN CARRYING THAT 10MM, THEN, BOTH MEN WOULD HAVE WALKED OUT OF THE WOODS THAT DAY: UPSET, ANGRY, AND UNHARMED.’

As gunmen, ourselves, we need to be careful whom we choose as our role models and icons, as well as which public incidents we choose to support. Yes, we do need examples of, ‘righteous shoots’ to support and hold up to public review; but, in my considered opinion, the death of Grant Kuenzli is NOT an example of a, ‘righteous shoot’; and the rest of us would be foolish to lend our energies and support to this case.

The other day I received my Florida CCW license; I’ve already been carrying, everyday, for the past 8 years. Now I have two primary carry permits; and I’m licensed to carry in, something like, 25 states. The reason I thought of the Kuenzli homicide, again, the other day is because of the printed literature that the State of Florida sends along with the new CCW permit. After I read it I thought to myself; ‘Wow, if the shooter in the Kuenzli case had been given this information, Grant Kuenzli might, very well, be alive today!’

Here are a few excerpts from the Florida, ‘Questions and Answers’ CCW literature:

1. ‘When can I use my handgun to protect myself?’

Answer: ‘Florida law justifies use of deadly force when you are: Trying to protect yourself or another person from death or serious bodily harm … ’

Real-Life Example Of What NOT* To Do : ‘Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.’

2. ‘What if someone uses threatening language to me so that I am afraid for my life or safety?’

Answer: ‘Verbal threats are not enough to justify the use of deadly force. There must be an overt act by the person which indicates that he immediately intends to carry out the threat. The person threatened must reasonably believe that he will be killed or suffer serious bodily harm if he does not immediately take the life of his adversary.’

3. ‘Can’t I protect myself if someone starts hitting me?’

Answer: ‘Even if someone starts a fight with you, you must make every reasonable effort consistent with your own safety to avoid the use of deadly force. Including retreating from someone attacking you. Running away from someone who has insulted or punched you may offend your instincts to uphold your honor; however, as the Second District Court of Appeal has said; ‘The use of deadly force against another human being (instead of running away) is not countenanced by law – even if that force is in response to conduct of human beings who act like animals.’

Real-Life Example Of What NOT* To Do : At a convenience store gas pump, a man got into an argument with other customers who were drinking heavily. Three of them approached the man and beat on him while he stood hunched in the open doorway of his car. Armed with a pocket knife, he resorted to stabbing his attackers, killing one of them.’

‘This man was convicted of manslaughter because he pulled the knife before the attack began. This showed that he anticipated the attack and chose to pull a knife and stand his ground instead of getting in his car and leaving. The court upheld his conviction and contrasted his behavior with the behavior of a man in another case who was relentlessly stalked by his attacker. He kept retreating from his attacker, begging him to leave him alone, and finally he fired a shot into the ground. When his attacker kept coming at him, he fired a second and fatal shot. The court said that, unlike the man at the gas station, the person being pursued had no choice but to use deadly force.’

From the Summary:

2. ‘The amount of force that you use to defend yourself must not be excessive under the circumstances: Never use deadly force in self-defense unless you are afraid that if you don’t, you will be killed or seriously injured. Verbal threats never justify your use of deadly force. … ’ 1.

If the shooter in the Kuenzli homicide had been apprised of these facts, the victim might, very well, be alive today. The case against the shooter is supported by the fact that he didn’t have a mark on him from any of the dogs whom HE ADMITS had retreated at the time that he fired the fatal three shots; and, of course, Grant Kuenzli was, himself, unarmed. In the 60 odd years that I’ve been on this planet, there have been one or two occasions when I’ve gone up to someone and yelled in his face. I’m sure glad, though, that no one ever responded by triple-tapping me, COM!

As gunmen, ourselves, we need much better examples of, ‘righteous shootings’ to put forth on our own behalf. If we throw the weight of our sentiments behind incidents of this befuddled nature, then, we weaken our own cause and risk intellectual defeat by all those who seek (even lust) to disarm us.

REAL MEN DON’T SHOOT HYSTERICAL DOG WALKERS WHO ARE TRYING TO SAVE THEIR POOCHES!

(And clever gunmen that we are we should know better than to get behind and support this kind of hair-trigger behavior.)

* Emphasis added

1. ‘Questions and Answers Pertaining to the use of Deadly Force for Lawful Self-Defense’, Florida Department of Agriculture & Consumer Services, Division of Licensing, Charles H. Bronson, Commissioner. Tallahassee, FL

2. (I told some of you he'd be indicted - didn't I. Now, watch what happens!)
 
PBIR
I will only do it if I feel mortally threatened.
Your threshold of "mortally threatened" is different from that of others and apparently different from the law's classification. A man charging towards you after you've already fired a warning shot may not seem to be a great threat to you, but others would take the shot.

Most of your arguments have already been covered in the thread: Dog walker shot dead. Do us all a favor, read through it and post back when you come up with something new.
 
If that is Florida CCW law then another reason i'm glad I live in Arizona. Someone try and hit me with a garden hoe and it wouldn't be justified shooting him in Florida?? Here in AZ my money says he would be new in hell real fast if he tried that
 
Arc Angel
there have been one or two occasions when I’ve gone up to someone and yelled in his face. I’m sure glad, though, that no one ever responded by triple-tapping me, COM!
How many of times have you done so after the person pulled out a pistol and fired a warning shot?

Kuenzli was committing several crimes as well as being a threat to Fish, Kuenzli put himself in that situation and he paid the price.
 
Your threshold of "mortally threatened" is different from that of others and apparently different from the law's classification. A man charging towards you after you've already fired a warning shot may not seem to be a great threat to you, but others would take the shot.

Apparently you’ve still got your, ‘blinders’ on. It’s not, as you say, ‘My threshold’. You should take up your argument with the Florida State Attorney General.

Most of your arguments have already been covered in the thread: Dog walker shot dead. Do us all a favor, read through it and post back when you come up with something new.

Don’t need a new argument. Me and the Coconino County Prosecutor are doing fine with the one we already have. Be careful, though, if you insist on this line of reasoning you just might end up in a cell of your own. ;)
 
The only reason they are charging him is because Coconino County is one of the most liberal Counties in Arizona. That is how I see it from Yavapai County AZ. In Flag they had a CCW class with about 30 people in it they told them the facts of the case as reported Everyone including the instructor said it was self defense. In Coconino County you just have a liberal States Attorney wanting to make a name for himself. I bet allot of them in Coconino County are CA transplants. I know in Sedona they are and that is part of Coconino County and about 15min from my house. I'd bet they are more liberal then Maricopa County
 
Here's the deal.

Only two men know what really happened there, and one of them is dead.

Only a select handful of people have been presented with the prosecution's case- these people are called a Grand Jury.

They think that there is probable cause for an indictment. Do they think he is guilty? No...They can't think that, because they have not heard the defense's side. But they do think that there are questions that need to be answered. In other words, they need to hear th defense's side. There needs to be a trial.

Meanwhile, we readers of newspaper blurbs think we know more than the Grand Jurors.

Well, the dead guy was advancing on him rapidly.

Was he? How do we know?

There's no physical evidence to contradict the self defense claim.

There's not? How do we know?

Something else we don't know...has the shooter's story been consistent, or did he say something incriminating at some point?

Things like this will not be in newsprint. Not until they come out at trial. And still we make sweeping statements like "outrageous!" based upon scant information.

Mike
 
Actually I said "Outrageous".

In a better county the shooter would not have been indicted.


It just seems that the DA is pandering to the weaklings and the cowards of the county.
 
The thing of it is the sheriff said self defense now the guy has the cost of a court case that might empty out his life savings. Same thing to me as if you get cleared of a criminal charge and then you get sued under a civil charge. If the guy did't get sho and killed him then all of a sudden he would have a lawyer at are expense bunch of crap all the liberals we have coming into AZ
 
It just seems that the DA is pandering to the weaklings and the cowards of the county.

That is your opinion. Some of us think the shooter is the coward. At any rate, the Grand Jury heard evidence to support indictment, so there must be enough fishy circumstances to at least warrant trial.
 
Here, maybe the DA is, maybe the DA isn't. Maybe he's doing his job based on the evidence?

The point from this exercise is that just because one carries a gun does not make your life a movie. You are not a Warrior Prince and you are not above the law. If you use violence against a fellow human being, you will be called to account for your actions.

Time after time on THR we read about "personal responsibility", yet time after time when someone who happens to carry a gun is held responsible for his actions, we get "outrageous.":scrutiny: When I warn against "Problem #2", the criminal, civil, social and administrative consequences of using a firearm against a fellow human being, I am told that self-defense shootings are never prosecuted and it would "never happen here."

We'll see what happens. A myriad of things could transpire. Based on personal experience I wouldn't get too exercised over anything the media reports. As gun owners, we should know they get very little correct.:p
 
PBIR,

There were a lot of articles on this in different newspapers. One of the smaller newspapers gave a lot more details without all the rhetoric. I don't have a link to that article anymore, but the important physical evidence that you seem to be missing are as foillows.

They were able to determine that he was running downhill toward the shooter by the spacing of his footprints.

Powder burns showed that the shots were fired at close range, and one shot went through the outstreched arm within about a foot of the shooter.

The shooter was on a hill and carrying a pack, fleeing wasn't a viable option.

All the evidence matched the shooter's story, and the investigating officer told the reporter that he thought that it was self defense.

Given all that info I have no idea why the prosecutor would choose to prosecute this case. I do know that grand jurries only rarely fail to indict someone, and that the prosecutor is the only one presenting evidence to the grand jury. The defendant does not have a representative that states his side to the grand jury.

The dogs were why he drew the gun, and why he fired a warning shot. Warning shots are of questionable use at best when dealing with humans, but they can be useful in dealing with annimals. In this case the warning shot appeared to have removed the threat of the dogs without harm to the dogs or the shooter.

At that point the shooter was charged by the dog owner. The evidence supports this. We'll never know why, but charging an armed man who has already fired a shot is not a sane act. The shooter was hiking on a trail and found himself confronted with some aggressive dogs and a crazy person.

Fleeing wasn't a viable option. He was in an unpopulated area, so no help from others was available. While the dogs had dispersed, there's little reason to belive they would leave him alone while he fought/wrestled with their owner. He had ample reason to feel he was in danger of being killed or seriously injured.

What was his crime? Apparently being in the wrong place at the wrong time, and running into an irresponsible dog owner who reacted irrationally to his warning shot.
 
Now, this is helpful information.

But is it correct? Is it complete? What about the statements he made to detectives, if any? What is the text of those statements?

Those are the sorts of things that the Grand Jury saw. Assuming those facts are correct and complete, I think he has relatively little to fear in a criminal trial (with its standard of proof beyond a reasonable doubt), but I can see why a Grand Jury would indict based upon probable cause.


Mike

PS And the answers to those questions are:

1. We don't know.
2. We don't know.
3. We don't know.
4. We don't know.
 
Powder burns showed that the shots were fired at close range, and one shot went through the outstreched arm within about a foot of the shooter.


Hmm...almost as if he was reaching out trying to save his life.

As for the rest of your post, itseems like a rephrasing of various points I've already responded too. I believe I've made my stance clear, so like I said we'll all just have to wait until the jury decides.
 
Hmm...almost as if he was reaching out trying to save his life.

If he was trying to save his life, why did he charge an armed man?

As for the rest of your post, itseems like a rephrasing of various points I've already responded too. I believe I've made my stance clear, so like I said we'll all just have to wait until the jury decides.

Yes, it appears you made up your mind early in the discussion and aren't really interested in seriously considering evidence that disputes your view.

You apparently don't feel there's ever a need to defend your life against an unarmed opponent. However a lot of people are killed or seriously wounded by unarmed attackers. The shooter had no responsibility to take his chances just because his attacker was unarmed.
 
If he was trying to save his life, why did he charge an armed man?

How do you know he charged? How do you know he wasn't running up to the guy to verbally confront him with no ill-will in his mind? The answer is simple, you don't know.


Yes, it appears you made up your mind early in the discussion and aren't really interested in seriously considering evidence that disputes your view.

Nobody has offered any evidence that disputes my view, just their own views. Show me some links to legitimate news organizations with evidence

Let me draw a clear picture for you as to why I feel the way I do about this case so far:

Fact: Nobody knows what happened but the shooter. Well, two people knew for a second, but then one of them had his life taken.

Fact: This did not happen in the shooter's home, it happened outdoors.

Fact: The deceased had no weapon on his person.

Fact: The shooter was not injured

Fact: The District Attorney found enough evidence of foul play to attempt to secure an indictment.

Fact: The Grand jury found enough evidence to warrant trial

If you want to blindly support the shooter, go ahead. I'm under no obligation to do so, and I won't until I know he didn't over react or lie. An unarmed man lost his life, the truth has to be known.
 
Only reason for the grand jury is the liberals in the county. Allot of AZ isn't that bad yet. All the asses that have moved here with their liberal ideas
 
I got a question for Here2Learn and Reno.

You guys said "homeless" and "vagrant". Why? I saw no indication either of the parties was homeless or vagrant in the article.

Suppose the guy with the dogs had been homeless. What possible difference does it make?
 
PBIR,

People are innocent until proven guilty. Your view is basically that's he's guilty until he can unquestionably be proven innocent.

He told the responding officers that the guy charged at him even after he told him to stop. Everything matches his story of a bad situation where he was forced to defend himself because he felt a very reasonable fear for his safety, attempted to deescalate the situation by telling the guy to stop, and had good reason to fear for his safety.

How do you know he charged?

Because the evidence shows that he charged.

How do you know he wasn't running up to the guy to verbally confront him with no ill-will in his mind? The answer is simple, you don't know.

Nope I don't. No one does, and no one ever will. His intent also has absolutely nothing to do with wether the shooter's actions were justified or not. It only matters if the it was reasonable that the shooter perceived that the guy menat to attack him.

People aren't mind readers. You can come up with all kinds of ideas why the idiot choose to charge an armed man who had just fired a shot. Maybe he did just intend to get in his face and yell and scream. We'll never know. However, it was his irresponsible actions that placed the shooter in the danger that caused him to draw his gun. He then chose to escalate the situation by running at the shooter.

His actions were not rational, and the result of those actions were that the shooter had reason to fear that he was being attacked and was in serious danger. He therefore defended himself.

Even if you are correct about the guy's intentions, the shooter has no way of knowing that, and the shooting is still justified.
 
Your view is basically that's he's guilty until he can unquestionably be proven innocent.

My view is that the shooter shouldn't have shot the deceased based on the articles I have read. I am not assigning guilt or innocence, my stance the whole time has simply been that I will not jump on the "Back anyone who shoots somebody and doesn't have a criminal record" bandwagon I've seen around here.

Because the evidence shows that he charged.

No the evidence shows the deceased was moving fast in his direction. How steep was the hill he was coming down? Do you know? How do you normally navigate down a steep slope? What makes you so sure the evidence shows what you have read or inferred? Have you seen the site? Have you seen the actual reports?

If there is this huuuuuge preponderance of evidence absolving the shooter, why did he get indicted? Oh.....let me guess:

Only reason for the grand jury is the liberals in the county. Allot of AZ isn't that bad yet. All the asses that have moved here with their liberal ideas

it must be a conspiracy... :rolleyes:
 
Suppose the guy with the dogs had been homeless. What possible difference does it make?

It shows a history of poor decision making, a good chance of intoxicant abuse, and a good chance of mental instability.


So it is entirely plausible that this fellow acted in an irresponsible, crazed, and aggressive manner.

In fact, given the behavior of many of the homeless I have seen it is likely he acted in such a way.
 
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