Defender charged with murder?

[Bazooka Joe71]

I'd have dialed stanley steamer before I dialed 911...

Good to hear about your uncle RH.

 

[bouis]

This one doesn't mention any door being kicked in:

In a criminal complaint Snider stated that the woman had called him and said that Woodford "left in rage" and was heading to his home in Elkins. Later, Snider heard and truck and saw Woodford heading towards his house. When he started up the steps, Snider ways Woodford starting firing shots and that's when he shot back. Woodford was hit in his upper body.

http://www.wdtv.com/news/local/5939396.html

 

[bouis]

And one more, the prosecutor drops the charges on the day of the preliminary hearing, after holding the guy in jail for several days at least:

Accused of murder and in jail for days...now he is a free man.

Dan Snider,49 was arrested last weekend for allegedly shooting his girlfriend's ex-husband, Leslie Woodford. Today he went in front of the Randolph County Magistrate for his preliminary trial and prosecuting attorney, Frank Bush proposed to dismiss the trial due to self defense.

The case could still go to the Grand Jury in the future if any new evidence is discovered, until then, Snider isn't facing any charges.

http://www.wdtv.com/home/ticker/6000606.html

 

[FieroCDSP]

I absolutely love how in any possible self-defence related killing, the killer is deemed guilty until evidence proves otherwise. How many days did he spend in jail? I'm all for keeping a killer off the streets until trial, but this is a self defense situation, and I'd like to see the benefit of doubt given to the person defending themselves. BTW, didn't WV pass a Castle Law recently?

 

[offthepaper]

Common sense apparently is'nt all that common with the WV politico's.

 

[steveracer]

Funny...

...I went to college in Elkins, and it's a beautiful town. I ended up in a fistfight with a man when he charged in to his ex-girlfriend's apartment. The short version is: I was there asleep with my lady friend. He came in, bodily lifted me off the bed and tossed me across the room. I got luck and was able to kick him down the steps, causing a head wound that rendered him unconscious. I dialed 911. The local cops came, and arrested me. I was charged with aggravated assault and disturbing the peace. I sat in a cell for three days, I met with the public defender, and they "adjourned the case under contemplation of dismissal". Six months later, my probation was over. I assumed at the time that I was paying the price for being a poor kid from a NY farm town in the wrong place at the wrong time.

Maybe this is how Elkins does business? I guess it's normal there.
Steve

 

[karz10]

Funny...

Wow, what an amazing parrallel story. Very interesting indeed. If I lived there, I'd raise hell about whatever laws they have on the books, that's insane.

Karz

 

[PercyShelley]

Does anyone know of any gun law fora with a high percentage of lawyers trained in firearms and self-defense law? It would be nice to have some sort of network where news items like these could be dissected with some more insight.

 

[bouis]

Does anyone know of any gun law fora with a high percentage of lawyers trained in firearms and self-defense law? It would be nice to have some sort of network where news items like these could be dissected with some more insight.

I really wouldn't rely on any legal "insight" from the internet, but the problem with this case is that we have almost no details about the incident.

I see two major issues here, the first is that self-defense, however obvious it may be in a given case, is technically a justification defense, sort of affirmative defense where the accused is supposed to prove that he acted in self-defense, rather than the prosecutor proving that he didn't [though they often will try]. The second issue is that investigators and prosecutors are extremely suspicious of self-defense claims when the shooter and the "victim" had a prior relationship. I'm sure you can imagine that they're going to be skeptical when a man shoots his lover's ex-husband and says it was self-defense.

I don't know much about prosecutorial ethics, and I would doubt that what the guy did is any kind of misconduct, but it should rub you the wrong way when you hear that the charges were dropped the morning of the preliminary hearing. I can certainly see why you'd want to hold people while you built a case if, say, you had reason to believe they were dangerous or were going to flee; but, unless this lady had more belligerent ex-husbands out there, I can't see any good reason to hold him in jail for a week like they did.

And watch the video linked to on this page: http://www.wdtv.com/home/ticker/6000606.html

The prosecutor even sounds like a jerk.

 

[Crimp]

This is the latest info from the local newspaper.
Murder Charge Dismissed

By AMANDA McCOLLAM, Staff Writer
(The Inter-Mountain/Suzanne Stewart)

DISMISSED — (picture caption) A correctional officer escorts Steven “Dan” Snider into Randolph County Magistrate Court Thursday for a preliminary hearing regarding Snider’s charge of second degree murder. Snider was arrested following a shootout with Leslie Woodford, who died of gun shot wounds. During the hearing, the case against Snider was dismissed without prejudice by Magistrate Rick George. Also pictured is Randolph County Deputy M.P. Dyer, right.

Second-degree murder charges were dismissed without prejudice Thursday in the case of an Elkins man who said he was defending himself when he shot another man outside of his apartment on Feb. 16. The preliminary hearing was presented before Randolph County Magistrate Rick George. Steven “Dan” Snider was charged with the shooting death of Leslie Woodford, who died early Sunday morning in Ruby Memorial Hospital. The incident began at approximately 9:30 p.m.on Feb. 16 when the Randolph County Sheriff’s Department responded to a 911 call stating that a male subject, later identified as Woodford, was threatening to kill his ex-wife and her family in the Alpena area. According to the criminal complaint, Elkins City Police officer Bryan A. Talkington responded to another 911 call less than an hour later stating that shots had been fired at Snider’s 1104 S. Henry Ave. residence. “When I arrived on scene the defendant was standing on the porch of Apartment 5,” the complaint issued by Talkington states. “The victim was laying face down in the snow in a pool of blood, near the bottom of the steps. The victim was still breathing and was rolled to his back.”

The complaint goes on to state that Snider was handcuffed and taken to city hall, while Woodford was transported to Davis Memorial Hospital and later flown by HealthNet to Morgantown.

Hours later, at approximately 12:52 a.m. Sunday, the City Police received a phone call from the Morgantown hospital stating that Woodford had died. Subsequently, Snider was read his Miranda rights and charged with murder. He was later placed in the Tygart Valley Regional Jail under a $250,000 bond.

According to the criminal complaint filed by Talkington, Snider claimed self-defense when police arrived on scene.

The complaint quotes Snider as stating, “I heard a truck pull up outside and looked to see who it was. As soon as (Woodford) saw me he took a step up the steps and started shooting. I shot back.”

According to the complaint Snider went on to say “I have the right to defend myself.”

During Thursday’s preliminary hearing, Prosecuting Attorney Frank Bush told George that he had filed a motion to dismiss the case without prejudice after reviewing evidence.

“I have looked at all of the evidence very carefully. The police and deputies did a great job with this investigation. I didn’t make this motion without a great amount of analysis,” Bush said, adding that he thought dismissal was “in everyone’s best interest.”

Snider’s attorney, John Cooper, agreed that the police had done a good job in compiling evidence.

Cooper also gave Bush credit for his decision to ask that the case be dismissed.

“Mr. Bush has done something that deserves credit. Attorneys have a duty to do what is just. It took a great deal of courage to do what (Bush) is ethically bound to do,” Cooper said.

Bush said in a phone interview after the hearing that he could not comment specifically on the evidence, but did say, that after looking at all of the evidence there was enough to suggest that the nature of the incident could be construed as self-defense.

“The evidence and the complaint pretty well established that the guy that died (Woodford) went to the home of the defendant (Snider) and there was an exchange of gunfire. That’s known in the charging documents,” Bush said. “We have two armed people discharging fire arms, and it’s safe to say (self-defense) would be an issue in this case. The state would have the burden of proving it wasn’t self-defense in nature.”

George accepted Bush’s motion to dismiss the case without prejudice. However, if more evidence comes out in the future, Bush could choose to charge Snider and take the case to the grand jury for possible indictment.

 

[Zoogster]

Many places you will be charged with murder or manslaughter if you defend yourself, especialy if you know the person you defended against. Since this guy was dating his wife (divorce was being finalized, so technicaly they were still married) and this allows for circumstances unknown to responding LEOs you can be sure they are going to assume it is more complicated than on the surface.

They charge you and let the courts sort it out. Sometimes it gets sorted out before trial, other times it gets sorted out during trial. Of course having savings and the ability to pay expensive attorneys and fees helps to insure your story is told well. Any time things go to a jury you really are gambling as they could watch a little too much CSI, or believe he was in the wrong for dating a married woman or something and be implied to convict if the story becomes complicated.

Regardless if you defend yourself with lethal force against someone you know, or someone tied to you in some way, then you will likely see the inside of a court room and likely a jail cell until it is sorted out, assuming justice prevails. When you get out you will have a lot of bills, and a lengthy procedure to reaquire your firearm if it is still legal for you to have.

 

[dsnider]

Now that some time has passed

Hello and thank you all for the positive (and accurate) faith.

This guy lost his mind and went on a killing spree for vengence. I was lucky
I have been armed for the last quarter century.

There is no hate here. I am to marry the fine mother of three that
lost their father to my hand. The one(s) to take the heat here should be the
ones that pre judged me and locked me up after I had called 911 an hour before
the shooting took place. The lawmen that locked me up with prejudice
should NEVER have been in the power they were given.

If he had not fired first at me I would not have pulled the trigger twice on the redhawk.

thanks again for the insight and faith. dan

 

[Grizzly Adams]

We have two armed people discharging fire arms, and it’s safe to say (self-defense) would be an issue in this case. The state would have the burden of proving it wasn’t self-defense in nature.

What? I sure hope it would be the whole issue.

Dan, glad everything turned out alright. Sorry you had to sit behind bars just to satisfy some idiotic law or someone's ego!

 

[loose cannon]

mr snider;i pray gods comfort on you for the burden you must carry.

we who post here prepare for the worst but hope we never have to use our weapons to harm another.but i look at it this way,if we dont defend ourselves and our loved ones.then we have a even more terrible burden.

the knowledge that we failed ourselves and those we protect,,

 

[Pushrod]

So was the Castle Doctrine Law passed in West Virginia this past year as an earlier poster mentioned it was on its way to be?

 

[RPCVYemen]

Many places you will be charged with murder or manslaughter if you defend yourself, especialy if you know the person you defended against. Since this guy was dating his wife (divorce was being finalized, so technicaly they were still married) and this allows for circumstances unknown to responding LEOs you can be sure they are going to assume it is more complicated than on the surface.

This does make sense. I am sorry for Dan's pain, but it should also be clear that when there is a previous relationship between the combatants, the police probably have some responsibility to try to verify a story. Every time there is a gun altercation between a new boyfriend and not-quite ex husband, should the police walk away as soon as the survivor utters the words "self defense"? No investigation needed?

The fact that the husband was lying at the bottom of a set of steps outside the house probably merited some investigation - if he had in fact kicked in the door and been shot in the house, the situation would have been clearer. But when the police show up, they have a dead body of a husband outside the house, and the wife's new boyfriend inside the house claiming self-defense. That's all they have at that point is a claim. And the dead man wasn't able to be questioned. They had to at least have time to verify that the boyfriend's claim was true. The claim was apparently true, and they dismissed the charges.

It sounds like they did the police/prosecutor did the right thing. When they had verified Dan's story, they dismissed charges at the earliest opportunity.

Was the defendant not offered bail? Did he not make bail, or was bail denied?

Mike