Attacker seeks criminal charges against CCW holder after being shot (Tulsa, OK)

[GhostlyKarliion]

I'm paraphrasing from the newspaper because I can't find the online article and I'm not sure if posting a scanned image would be appropriate.

The article title reads

Gunshot victim seeks charges

• Police questioned the shooter but decided against arresting him.

In short... two men were walking down the street when a car passed them. One of the men, identified as Hackler, shouted at the vehicle. The driver of the vehicle, identified as Stephenson, stopped and got out of his car.

The article doesn't specify what happened but the two got into a fight and Stephenson’s wife got out of the car. According to the paper Hackler knocked Stephenson down and according to Stephenson, then attacked his wife. That is when Hackler was shot in the collarbone.

Hackler spent 27 hours in the hospital but suffered no permanent damage. Police questioned Stephenson but did not make an arrest. Jason Willingham said when police make no arrest; it usually means charges are doubtful. Susan Witt, spokeswoman for the Tulsa County DA Tim Harris, said the office is waiting for a report from the police before deciding whether or not to press charges. Hackler's friend, who was unidentified, was arrested for public intoxication before the police left.

Hackler "maybe I should have just walked away from the situation"

Previch, Chad (2007), "Gunshot victim seeks charges", The Oklahoman, 2 May, p.13A.

Now, Kudos to the man for defending his wife and self with a firearm, but shame to the editor for letting this biased article slip through. the reading of it makes it sound like the man who was with a drunken friend and attacked an innocent man was a victim and referred to the CCW holder as a "gunman".

If anyone is in or around the Oklahoma area and can get a hold of a paper, shoot off a letter to the editor please. This is the kind of stuff that we need to jump on quickly; honestly we need to start Zumboing these reporters and editors.

</rantoff>

Personally I don't think I would have stopped in the first place, but I could understand it if Stephenson thought there was an emergency.

The article didn't detail what happened that caused the two to get into a fight (probably because it would have justified the shooting) but at least said that the police didn't see any need to arrest the CCW holder.

For those who don't know here in Oklahoma we have a Stand your Ground law which states that basically you can use a gun to defend life or property. We also have Affirmative defense, which says that if there is a shooting and the police do not make an arrest, then you have an "Affirmative defense" against civil and criminal lawsuits.

 

[mons meg]

For those who don't know here in Oklahoma we have a Stand your Ground law which states that basically you can use a gun to defend life or property. We also have Affirmative defense, which says that if there is a shooting and the police do not make an arrest, then you have an "Affirmative defense" against civil and criminal lawsuits.

IANAL, but affirmative defense isn't what you're looking for. In this case, we have civil immunity if no criminal charges are filed. Also, I'm not sure that defense of property is in the statute:

1289.25, section D

A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

 

[brickeyee]

Sounds an awful lot like a mutual combat case, and a lot of self defense laws get thrown away in most jurisdictions under those circumstances.

 

[ARperson]

What it sounds like is a dumbass driver who didn't continue on about his business and ignore the blithering idiot screaming at him from the side of the road.

 

[Car Knocker]

 

[Aguila Blanca]

Sounds an awful lot like a mutual combat case, and a lot of self defense laws get thrown away in most jurisdictions under those circumstances.

What it sounds like is a dumbass driver who didn't continue on about his business and ignore the blithering idiot screaming at him from the side of the road.

+1 to both of the above.

 

[The Unknown User]

What it sounds like is a dumbass driver who didn't continue on about his business and ignore the blithering idiot screaming at him from the side of the road.

Yup.