Pre-emptive strike legal defense fails

Not open for further replies.


Jul 17, 2006
Haha just thought the guy was damn funny in court. Lock it if off-topic.

Indianapolis man testifies that assault on homeless man was ‘preemptive strike’

By Chris Jacobson

A Noblesville iron worker took a page out of President Bush’s book when explaining to an Indianapolis jury why he attacked a homeless man in an alley after a football game last November.

When Marion County prosecutor Glenn Simmons asked William L. "Butch" Riley, 38, why he poked Timothy Upshaw Jr. in the right eye and groin with the tip of his umbrella in an alley near the RCA Dome after the Colts thrashed the Philadelphia Eagles 45-21 on November 26, the defendant had an atypical response.

“I must and will act preemptively to defeat any enemy who would impose his or her will on me, my allies, or my friends,” said Riley, who was wearing a blue suit and red tie with a bald eagle tie tack. “That is good enough for our government so it is good enough for me.”

Riley testified that after the game he was walking down an alley off of Virginia Avenue to his car when he saw Upshaw, 52, approaching from the other direction. As soon as Upshaw was in striking distance, Riley used his blue and white Colts umbrella to poke the homeless man in the eye.

According to Riley, who would only refer to Upshaw as “The Terrorist,” Upshaw screamed in a language that sounded Middle Eastern but did not fall. “That’s when I gave him a shot in groin with the umbrella and he fell. To ensure he wouldn’t get up and follow me, I jabbed him in the nuts again before getting in my car and leaving.”

Upshaw was able to use his good left eye to get Riley’s license number and report the incident to the police. Riley was booked for assault the next morning.

Upshaw, who has recovered from his injuries, testified that he has been homeless for most of the past 15 years and agreed with most of Riley’s story except of a couple of details. “I wasn’t going to attack Mr. Riley. All I was going to do was ask him for a dollar or some loose change. He hit me before I could get a word out. And I wasn’t screaming in no foreign languages; I was just screaming because my eye felt like it was poked out. I don’t know any other languages besides American. I was born and raised in New Albany.”

Riley did admit to having several beers at the game, but disagreed that it affected his judgment the evening of the incident. “I drink several beers every single day after work, so that has nothing to do with it. I felt like my life was in danger and I wasn’t taking any chances.”

The jury did not agree with Riley’s reasoning and convicted him on all counts. Judge John Gibson sentenced him to 100 hours community service and a $250 fine.
Funny yes, accurate no. The thing is that all states are not created equal, they're as powerful as they are powerful, no hocus pocus or word games can change it (including soft power, pretending to be the most compassionate country doesn't give them more influence). The UN and various Eurotrash organizations may preach international equality, tricking people with ridiculous unenforceable international 'laws' and 'courts' - but all the way back to the ancient Greeks and Thucydides they knew that 'right' is only in question betweens equals in power.

People, on the other hand, by the basic presences of society are equal in right and thus the eye-poker was 100% in the wrong. He's in fact lucky to not be injured or dead, because poking eyes with sharp objects would be enough reason for many people to take strong offence to such a threat and use reasonable force, that could be lethal, to stop him.

We need a link to the humorous campaign to arm the homeless:)

In the first week of December 1993 a press release was distributed to the Columbus, Ohio news media innocently announcing the formation of a new charity to benefit the homeless. There was just one catch. Instead of providing the homeless with food and shelter, this charity would provide them with guns and ammunition. It was named 'The Arm the Homeless Coalition.'

Now it's gun related!
Last edited:
Not open for further replies.