Man Charged With Killing Alleged Attacker

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Update, Judge tosses manslaughter charge,

http://www.phillyburbs.com/pb-dyn/news/1-11102005-568270.html

Judge Throws Out Charge in Gay Attack

The Associated Press

PHILADELPHIA - A judge threw out a manslaughter charge against a young man who fatally stabbed a teenager who allegedly attacked him because he is gay.

Municipal Judge Gerard Kosinski also ordered 21-year-old Lucas Dawson, an aspiring singer, released from jail.

Dawson told police that seven people began taunting him, chasing him down and beating him as he walked to catch a bus Oct. 29. He said he pulled out a small knife and waved it, but when Gerald Knight, 17, punched him, he stabbed him in the chest.

Knight died within the hour.


"He did the only thing he could do, the only thing in his power to stop the attack," defense attorney Kevin T. Birley said.

Dawson called police after the attack and led them to the knife. Assistant District Attorney MK Feeney praised him for turning himself in to police, but said a jury should decide if his actions were self defense. She had not decided if she would appeal.

The day before the attack, Dawson had performed in front of the "American Idol" judges, his family said. He was eliminated after the third round.
 
Dawson called police after the attack and led them to the knife. Assistant District Attorney MK Feeney praised him for turning himself in to police, but said a jury should decide if his actions were self defense. She had not decided if she would appeal.

Perhaps DA Feeney thought that Dawson started the fight, against 7 guys!!:rolleyes:

I really hope she doesn't appeal the judge's decision.
 
By "they," who do you mean? From what I can tell, there is only one source cited and it is the stepfather. Of course he will claim that his son was defending himself and no doubt he is basing his information on what his stepson told him.
that was the first thing I noticed
Dawson called police after the attack and led them to the knife.
We can reasonably assume that he ran after the incident for his own safety, but maybe not.
It doesn't mention if he simply left the knife at home or if he had hidden it and later changed his mind.

Perhaps DA Feeney thought that Dawson started the fight, against 7 guys!
He didn't have to start a fight with seven people.
He could have started one with the 17 year old not realizing that his friends were around the corner and they came to protect their friend or just to watch the fight


He was just lost a shot at stardom he could have been in a pissy mood

Maybe something in his story, which is the only one we're getting so far, just didn't ring true to Feeney
 
Gay man freed in killing

By ALYSHA BRENNAN & THERESA CONROY

[email protected]

LUCAS Dawson began carrying a knife after being attacked while kissing his male lover in a South Philadelphia Park four years ago.

Now, after a second assault by gay bashers - one of whom he killed in self-defense - Dawson's thinking about getting a gun.

The 21-year-old was cleared yesterday of charges in the fatal stabbing of a 17-year-old boy who was among a group that attacked him near his East Mount Airy home on Oct. 29.

There was great relief at the Dawson home yesterday after the decision by a Municipal Court judge, but now the concern is his safety.

Last night, Dawson packed to leave home for fear of retaliation.

"I mean, seven guys jumped me, and one guy died," he said. "There's still six other people that want to hurt me.

"I fear for my safety, and that's why I'm moving away," he added. "I won't carry a knife on me anymore, but I am considering getting a gun permit."

David Diggs, the boyfriend of Lucas' mother, Lisa, said Lucas was not safe in the neighborhood any longer.

Lucas had been in jail since he was arrested after the stabbing of Gerald Knight, who was one of five to seven teens - all strangers to Dawson - who beat him and who he said called him a "faggot."

"My mom missed me while I was gone because I was always singin' up a storm," Dawson said.

Yesterday, he flashed a weary smile after Municipal Judge Gerard Kosin-ski dismissed the manslaughter charge.

Dawson, wisp-thin, frightened and frail, was released after the hearing.

Defense attorney Kevin Birley said Dawson had acted in self-defense.

"We can't forget that my client was a victim of a hate crime," Birley said.

"They wanted to hurt him. It wasn't that they were trying to get money or they had an argument with him," Birley said. "They simply wanted to hurt him so they kicked him and punched him... Even the first stab didn't stop the attack. It took a second stab to stop the attack."

Prosecutor M.K. Feeney said a jury should decide whether it was manslaughter or self-defense, but Kosinski disagreed.

"Looking at the circumstances here, I agree with the defense," Kosinski said after the preliminary hearing.

It was an unusual move for the district attorney's office to charge Dawson with voluntary manslaughter instead of a general murder charge. Feeney said in court that her office had made that decision after looking at all the facts.

"This is truly a tragic situation for everybody involved, and nobody should have to worry that when they walk down the street they should be attacked for their sexuality or any other reason," she said.

Dawson said the teens followed him as he headed for a bus stop. The teens taunted him for being gay and repeatedly threw a basketball at him, he said.

"One of them punched me in my lip," Dawson said in his statement. "Then, they all started punching me and knocked me to the ground. I was scared and I felt like if I didn't get up they would probably kill me. I felt a wave of strength and I got up... I took out the knife and waved it."

When Knight punched him, Dawson said he thrust the knife into his chest.

"I didn't think the knife went in because he kept punching me, so I stuck the knife in him again," Dawson said.

After the hearing, Diggs said the family felt sorry for the Knight family. "They lost their kid," he said.

The pain of that loss was evident on the face of Knight's father. When the judge announced the dismissal of charges, he exclaimed, "That's my son!" When approached outside the courtroom, he yelled angrily at a reporter, saying he didn't want to talk about his son.

"If you really wanted to know who he was, you should have come to the funeral," he shouted.

At the Dawson home yesterday, Lucas said, "I want to put this all behind me. My life has been turned upside down and I have to start over."

"It makes me sad," Dawson added. "I broke down in court today. I never wanted to hurt anybody... . I was trying to get these guys away from me.

"My mom said, 'You might feel bad about killing someone, but if you didn't have that knife, somebody would be knocking on my door telling me my son's dead.' "

Lisa Dawson, 40, said she is happy to have Lucas back at home, and is looking forward to finally being able to sleep through the night.

"I'm relieved," she said. "The air feels clean again."

Dawson says he'll continue pursuing an acting and modeling career. "When I was in prison, I got to thinking what I was going to do with my life," he said.

"I would like to help gay people so that this type of thing won't happen again," he said.

"It's just about ignorance, you know? I believe what you put out, you get back. And I want to give back."

http://www.philly.com/mld/dailynews/news/local/13130213.htm

you know, if I were in that community, I would wonder why the paper decided to title the article "Gay man freed in killing", rather than something more like "Man freed after defending himself". That title carried all sorts of bias....
 
Don't have but two things to say to the grieving dad: I'm sorry you're son is dead. It's a shame that you didn't teach him not to assault people.

Maybe something in his story, which is the only one we're getting so far, just didn't ring true to Feeney



[QUOTEAssistant District Attorney MK Feeney praised him for turning himself in to police, but said a jury should decide if his actions were self defense. She had not decided if she would appeal. ][/QUOTE]

Assistant DA M K Feeney had the same facts about the case that the judge possessed in deciding that it was justifiable homicide. It rang true to the judge. Feeney apparently believes that self defense is the reverse of voluntarty manslaughter and that a jury should decide if you should not be charged. Maybe she slept a lot during her law school classes.

If I lived in Philadelphia, I'd be looking into an appeal-an appeal for Feeney to enter private practice. Better yet, to be disbarred for gross incompetence.

As foreign as such a view is to the members of this board, there are people out there who are hostile to the basic concept of self defense. Judging from her actions and quoted statement, this assistant DA is such a person. Having a person, sworn to uphold the laws, ignore the laws pertaining to self defense is frightening. Philadelphians, get rid of her. For your own protection. I guarantee she has other pet interpretations of Pennsylvania law that you will not care to have inflicted upon you.
 
Byron, you are correct, of course, but you have to wonder why the guy was arrested in the first place. What was it about the event that led cops to believe they had caught a criminal involved in a slaying? As described by the stepfather, I can't imagine that the guy would be arrested. In fact, the stepfather's description sounded so good that I figured it was biased. It may have been biased, but apparently not out of line with the salient facts.

I wonder if somehow this description gave the police reason to believe that the fight was more the product of Dawson's over reaction or unnecessary escalation of force via a threat with his knife that was somehow maybe not fully legal?

Dawson told police that seven people began taunting him, chasing him down and beating him as he walked to catch a bus Oct. 29. He said he pulled out a small knife and waved it, but when Gerald Knight, 17, punched him, he stabbed him in the chest.

Personally, I think I would be more inclined to believe the DA had something against gays instead of being against self defense. I may be wrong, but it seems a lot easier to find gay-bashers than those who disagree with the concept of self defense.
 
Turned out alright. But, yeah, it's a major nuisance he had to get arrested in the first place.
 
We don't know what made her believe that it was not open and shut self defense we only know that her statement is that
her office had made that decision after looking at all the facts.
I have no knowledge to question self defense but we still are not getting the whole story

It is just as likely that the judges decision was based on her favoritism of gays as it is that Feeney's was based on her dislike of gays.
There is nothing to support either claim

And we still aren't getting any official statements with any kind of details, only PC sound bites, which I find very interesting
 
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