Believe the stories about when you get to court after a shooting

[MLee]

This article appeared today in the local news. Check out the last line on why the district attorney was pursuing it. Amazing. Thank goodness the judge tossed it. :banghead:


MAYFIELD, KY (AP) - A western Kentucky judge is citing a new state law in his decision to dismiss a reckless homicide case.

The Paducah Sun reports that Graves Circuit Judge Tim Stark says the charge against Michael Bushart was dropped because a Kentucky law that went into effect in 2006 presumes the shooting was in self-defense.

Bushart was charged with killing Michael Clapp on Jan. 7, 2007, at a home in Wingo. Court records show Bushart was spending the night at the home of Jacquelyn Boyd when Clapp, her former boyfriend, broke in.

Bushart's attorney, Bryan Wilson, had argued that the shooting was legal because of the new law.

Assistant Commonwealth Attorney Richie Kemp had argued it shouldn't apply because Bushart fired two shots.

 

[wishin]

At least someone in the judicial system is thinking straight. I guess the law implied you can only shoot once, huh? That's what happens when you forego your Kentucky Rifle for home defense!

 

[Art Eatman]

How about posting some part of the new law? Otherwise, all we can do is speculate and not really learn anything useful.

Art

 

[Aaron Baker]

The new law would be the same castle doctrine boilerplate that the NRA was peddling around to every state, whether it needed it or not. Not saying that it's necessarily a bad thing, but the state of the law in Kentucky IS and always has been summarized by one line from a 1931 Kentucky case called Gibson v. Commonwealth:

"It is the tradition that a Kentuckian never runs. He does not have to…he is not obligated to retreat, nor to consider whether he can safely retreat, but is entitled to stand his ground, and meet any attack made upon him with a deadly weapon…."

The only difference the new statute makes is that there's a presumption of self-defense in certain situations, such as when you're at home and the person who is dead was committing a crime like burglary.

That said, I'd like to know what they mean by "two shots." Are we talking about a quick double-tap to center mass, or one shot followed by a significant pause and then a well-placed kill shot on a downed intruder? The news story doesn't give us much.

Aaron

 

[Six]

Imagine this, there may be more to the story:

http://www.westkentuckystar.com/New...dge-to-Rule-on-Self-Defense-Motion-by-Jan--25

Judge to Rule on Self-Defense Motion by Jan. 25
By Joe Jackson
MAYFIELD, KY - A judge will rule within the next two weeks on whether or not to dismiss charges against a Graves County man accused of fatally shooting another man three years ago. Michael Bushart is charged with reckless homicide in the death of Michael Clapp on January 7, 2007.

Bushart allegedly shot Clapp inside a home in Wingo, owned by Jacquelyn Boyd. Bushart's attorneys have filed a motion in Graves Circuit Court to have the homicide charge dropped, based on an argument that he acted in self-defense. Bushart is also charged with possession of marijuana and possession of drug paraphernalia.

Police say Bushart was an overnight guest at Boyd's home on the night of the shooting. Clapp, Boyd's former boyfriend, had lived at the home until two weeks prior to the incident. Police say Clapp allegedly broke into the home and was shot twice by Bushart.

Bushart's attorneys claim the lethal force was justified but Assistant Commonwealth Attorney Richie Kemp says self-defense laws should not apply because evidence shows Clapp was retreating when Bushart shot Clapp the second time.

Graves Circuit Judge Tim Stark said he would make a ruling in the case by January 25.

http://www.westkentuckystar.com/New...entucky/Judge-Drops-Bushart-s-Homicide-Charge

MAYFIELD, KY - A judge has ruled that a 2007 Graves County shooting was self-defense. Graves Circuit Judge Tim Stark on Tuesday dismissed the reckless homicide charge against Michael Bushart, saying a law that went into effect in 2006 presumes the fatal shooting of Michael Clapp three years ago was in self-defense.

The law states that anyone who breaks into another person's home is presumed to be doing so "with the intent to commit an unlawful action involving force or violence." Bushart shot Clapp twice at a home in Wingo on January 7, 2007 after Clapp broke in through the garage.

Assistant Commonwealth Attorney Richie Kemp had argued that the new law should not apply because Bushart fired two shots, one to Clapp's back, possibly indicating that Clapp was retreating.

 

[MLee]

I understand there's always more to the story, and I was unaware of the details when I saw the article I posted. If I were in the same situation I think my thought process would be that even if he were turning and retreating, how could I be sure he was leaving the house rather than retreating to cover or perhaps heading to the kitchen for a knife, etc. Now it's a different story if he was going out a door/window. I think Aaron's post accurately reflects my views.