CHL/CCW holder freed after 2 1/2 years!

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DoubleTapDrew

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Saw this on the local news last night and this morning. Source: http://www.oregonlive.com/news/oregonian/index.ssf?/base/news/1172031940260190.xml&coll=7

Judge frees man in friend's killing
Self-defense - Matthew Lisicki says he was puzzled by being charged with murder
Wednesday, February 21, 2007
AIMEE GREEN
After more than 21/2 years of wearing a global-positioning anklet that tracked his every move and having the public "look at me like a monster" for killing his best friend, 27-year-old Matthew Lisicki walked out of Multnomah County Circuit Court a free man Tuesday.
In a one-minute ruling, Judge Linda Bergman found Lisicki not guilty of murdering Derek Bradley Rew when he shot him five times on April 25, 2004. Lisicki's attorneys had successfully argued that their client was defending himself when he shot his 22-year-old roommate because Rew was in a drunken rage and had threatened to kill him.
Lisicki remained expressionless as his parents and loved ones broke out into joyful sobs and cheers.
"It's over, it's over," they said.
Minutes later, Lisicki said he was puzzled why prosecutors charged him with murder and he felt fortunate that he was able to afford private attorneys who defended him well. Lisicki's father, Tom Lisicki, is president and CEO of Stash Tea in Tigard.
"I've been honest since the beginning," Lisicki said.
The case hinged on the question of whether Lisicki used reasonable force by reacting to Rew's punches by pulling out a gun and shooting until it was empty. Five bullets hit Rew's torso, striking his heart, lungs and spine.
The judge said the prosecution did not disprove the defense's argument that Lisicki appropriately acted in self-defense.
Deputy district attorney Kirsten Snowden said she disagreed with the judge's verdict, which essentially sided with the defense's argument that "Mr. Rew's fists were deadly weapons."
She said though that she wasn't surprised by the verdict. She said the defense opted for a trial by judge instead of jury because the judge appeared to be sympathetic to their side when she set bail at $250,000. Most murder defendants remain in custody while awaiting trial.

Snowden argued during the nine-day trial that Lisicki was fascinated with gangsta rap culture and guns. He was carrying a gun all that night and turned to it too easily, when he could have fought back with his fists or simply run away, she said. Rew had a blood alcohol content of 0.19 percent. Police didn't test Lisicki's alcohol level because he didn't seem impaired.
"I think it's a travesty," Snowden said of the ruling. "While Mr. Rew deserved to be arrested or beat up or brought to detox, I don't believe he deserved five bullets for his behavior. . . . Plain and simple, Mr. Lisicki shot an unarmed man."
Snowden said her office charged Lisicki with murder because prosecutors believe the killing was intentional. The judge, she said, could have found Lisicki guilty of a lesser offense, such as manslaughter.

Lisicki's attorneys, John Neidig and Steve Lindsey, argued during the trial that Lisicki had many reasons to fear Rew. They said Rew had bragged to Lisicki about getting away with shooting two people to death in Tacoma and being capable of murdering a person with his bare hands.
Lisicki is 6-foot-1 and 190 pounds, according to his driver's license, and Rew was 6-foot-5 and weighed 240 pounds, defense attorneys said.
Rew became enraged that night after Lisicki failed to defend him when four women ridiculed his gangsta-style hair and fake diamond earrings at a party, attorneys said. Rew cracked the dashboard of Lisicki's car, hurled a 58-pound concrete ashtray, pummeled cars and punched Lisicki in the face.
"He was going off the deep end," said Neidig, noting that the four women at the party were worried for their safety. "They all picked up frying pans and barbecue forks. He was aggressively confronting them."
Once inside their Southeast Portland apartment, just north of Mall 205, Rew declared he was going to kill Lisicki, according to the defense. All of the bullets Lisicki shot at Rew were aimed upward, as if Lisicki had been on the floor looking up at his attacker, the attorneys said.
Seconds after Judge Bergman finished issuing her verdict, Rew's family rushed out of the courtroom without saying a word. Craig Plunkett, a representative for Parents of Murdered Children, sat by Rew's mom, Michelle Cox, throughout the trial. Plunkett said Cox commuted from Tacoma almost every day
"She is devastated," Plunkett said. "And she doesn't believe justice was served."
Click to expand...

This story is appalling.
2 ½ years with an ankle bracelet and $250,000 bail for justified self defense! You need 3 things satisfied to justify deadly force (according to my CHL class): ability, opportunity, intent.
Ability- 4” and 50lb advantage. Hurling 58lb hunks of concrete, cracking his dashboard, bragging about killing people with his bare hands.
Opportunity- They lived together in an apartment. Shots fired at an upward angle as if Rew is standing over Lisicki.
Intent- Declaring you are going to kill someone is practically the definition of intent in respect to self defense.

This story doesn’t mention it but on the news last night Lisicki has a concealed handgun license and is planning on becoming an NRA spokesperson for self defense. The reporter actually had the audacity to ask him “why do you carry a handgun?” I blurted out “For this very reason you idiot!” in a less than eloquent fashon. He said it’s his Second Amendment right (also true). Kudos to him for surviving this mess!

Here’s another short blurb on it at http://www.kxl.com/ArDisplay.aspx?SecID=22&ID=53239
Accused murderer released
A jury found Matt Lisicki not guilty and he was released from jail after the death of his roommate.

He killed his best friend, but a jury said it wasn't murder, it was self defense. Now, that man is out of jail and talking to reporters.

Matt Lisicki and his roommate Derrick Rew got into a fight three years ago. Lisicki said he was forced to shoot Rew after he was attacked in a drunken rage.

At his trial, the prosecution argued that even though Rew was drunk and angry, he didn't deserve to be shot. Lisicki thinks that, if he didn't have a gun that night, he would've been dead.

A gun was something he always carried. "I had a concealed weapons permit and I carried the pistol with for over a year. It was just any other night."

The prosecution said Lisicki was part of the gang culture, and that's why he had a gun. Lisicki disagrees, pointing to his Second Amendment rights.

Lisicki knows he's lucky because self defense is often hard to prove. He now wants to help people in similar situations.
Click to expand...
 
Yeah, fists aren't deadly weapons, because, you know, nobody has ever been killed by someone with their bare hands before...:barf: :banghead:
 
This is one more example of why just being in the right, and having the law on your side, is sometimes not enough. Even in a righteous shooting, wrongful prosecution can ruin your life.

This is why I so often say make certain your choice is to live or die before you pull the trigger. If your choice is truely to live or die, then you have no choice, and can live with the outcome, no matter how it plays out.

I'm glad this young man is free again.
 
I wonder if now that the criminal trial is (finally) over, he'll be sued by the parents of the attacker.
 
Wow. What a tough situation.

Unfortunately, the only person who honestly knows if deadly force was justified is the defendant.

Bare hands have been used to kill people, but I was taught that very rarely is somebody punching you justified use of deadly force.

Such a difficult case. I could see how it would be controversial.
 
She said the defense opted for a trial by judge instead of jury because the judge appeared to be sympathetic to their side when she set bail at $250,000.
Click to expand...
A jury found Matt Lisicki not guilty and he was released from jail after the death of his roommate.

He killed his best friend, but a jury said it wasn't murder, it was self defense.
Click to expand...

One of these reports is wrong (probably the second one). Can you believe anything else they reported? Was the "reporter" even there?
 
Why would he consider such an obnoxious man a friend? or was that more journalistic freedom from the facts, since they shared an apartment?:what:

Where can you run away to, in an apartment?:fire:

I personally use my hands for work (physician). I am not too likely to try to beat up a bigger person, risking my work ability. I would shoot also.:evil:

This was definitely a malicious and probably politically motivated prosecution.:banghead: I hope the idiot is voted out of office.

I extend an invitation to this young man to move to a much better state, TEXAS.:neener:
 
Mr. Davis, out of curiosity - what kind of physician are you? My father's a gastroenterologist and uncle is chief of anesthesiology at the local hospital.
 
Not controversial at all. 4" taller, 50 lbs heavier, uncontrollable rage, poor impulse control, bragging about killing before (and not getting caught), and drunk off his ***.

Sounds like a righteous shoot to me.
 
Like I said, I guess the only person who would know is the defendant.

A drunken guy just pushing you around and whatnot is one thing.

Even punching is something worth considering.

It's when it changes from just "drunken punching" to "drunken punching with the intent to seriously injure and/or kill" that deadly-force comes in.

I know you all know what I mean. We've all dealt with a drunk before. Even when they're aggressive, 99.9% of the time you wouldn't have justified usage. Especially with no weapon held by the other side, you have to be careful when you use deadly force because people aren't going to just trust what you say. It has to be clear cut.

Now of course, the flip side is that even if the guy was on lockdown for years and years - better to be on lockdown and alive, than buried.
 
And don't get too fixated on the 50 pounds and 4 inches.

If John Shirley was trying to kill me his bare hands, I would shoot him until I ran out of ammo, then probably go get more. And I think he weighs as much as one of my legs. :D Size doesn't automatically equal the ability to cause grevious bodily harm.
 
I'd be more worried about the drunken rage and death threats but the fact the attacker is bigger can help you in a case like this (I would think) since so many people seem to think size matters when it comes to fighting ability.
 
Craig Plunkett, a representative for Parents of Murdered Children, sat by Rew's mom, Michelle Cox, throughout the trial. Plunkett said Cox commuted from Tacoma almost every day
"She is devastated," Plunkett said. "And she doesn't believe justice was served."
Click to expand...
Hmmmm ...

6' - 5" tall, 240 pounds, 22 years old.

"Children"?
 
Happy to hear it worked out in the end for you. It's sad that it took so long. Two and a half years gone because some jackass can't handle his drink, very disturbing.
 
Youd think of all people, a woman would understand being outmatched by that much if not more. That DA is just pissed because she lost a case. Im glad it all worked out for ya Matt
 
Soooo-some of these liberal nay-sayers think that if I am confronted with some guy who is intent on beating me senseless with his fists, I should trust him to then stop beating me before he kills me????

Don't think so bubba.
 
Matt, you were definitely in the right and I'm very glad you are free once again. The DA needs to be educated, and the "victims" family need some education as well. One thing though, watch out for the civil suit...

Can you give us any more details as to what actually transpired? Or do you need that private until any civil suits have completed?

-Glenn
 
Sounds like both the atacker and the defender may be slightly off center. Your best friend would not beat on you and you would not shoot your best friend.
Alcohol and guns do not mix!
 
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