Self Defense Shooter Jailed for Assault

[rainbowbob]

Recent news story here in which the shooter is allegedly assaulted by a well-know "loony" - and then booked into jail for first degree assault.

Another news source referred to the shot assailant as the "victim".

KING5.com

Posted on July 24, 2010 at 1:22 PM


EVERETT, Wash. – Police are investigating after a man was shot Saturday morning in downtown Everett.

For a Marysville man, the day started with a stop at the "golden arches." The 61-year-old regular parked his truck in his favorite spot before heading inside.

"He always comes in and gets his basics and gets his newspapers," said Christina Chandler.

But this time it was different.

Everett police say on the way into McDonalds, the man was "harassed" by another regular, a man that folks in the neighborhood also know.

"He talks to himself all the time; he's kind of loony and he has a beard and he's off," said Chandler.

The 61-year-old man tells police he walked past the man into the McDonalds. But the badgering continued.

"Our shooter gets into (his) vehicle, the person who was shot allegedly reaches into his vehicle and tries to grab both his cell phone and his wallet," said Sgt. Robert Goetz.

And that's when it happened. The regular who is known for sitting in this truck in the same spot on most days shot the 41-year-old man in the torso, and then waited for police to arrive.

"We are obviously taking into consideration all of the facts that are available to us right now, including the possibility that this was self defense," said Goetz.

The victim is said to be in serious condition. Police say he has a Kentucky driver's license.

The shooter was booked into jail on first degree assault.
Police are looking for witnesses and are asking that anyone who saw what happened to call them.

I can't understand why the shooter - a man with apparent ties to the community - would be booked into jail for assault when the facts seem to indicate self defense.

 

[Mags]

I can't understand why the shooter - a man with apparent ties to the community - would be booked into jail for assault when the facts seem to indicate self defense.

What? From that story either man could be at fault. The story doesn't disclose really much of anything other than a "crazy" man was shot.

The shooter says the crazy man was reaching for his wallet. So what, take my wallet it ain't worth a taking a life just to have to cancel my debit card and get a new driver's license and ccw permit.

From the story no physical or attempted physical assault occured but maybe it did; who knows?
Speculation would be very ill informed if based solely on that news story.

 

[gearhead]

That would be really borderline even in states with relatively tolerant interpretations of the Castle Doctrine. The shooter would have to be in legitimate fear of grave bodily harm to use deadly force, you can't just pull a gun when someone is harassing you or messing with your stuff.

 

[rainbowbob]

This is a breaking story, so I'm sure it will change as new facts come to light. I agree we can only speculate without the full story. This is from a different news source:

Investigators initially said it appeared the owner of a pickup truck shot the man in self-defense when he caught the man trying to steal items from his truck.

But the pickup owner's story didn't add up, as detectives continued to investigate, and the truck owner was eventually arrested and booked into jail on suspicion of first-degree assault.

Goetz said the shooting happened about 11:15 a.m., and the victim was rushed to the hospital with a serious gunshot wound to his lower torso.

The pickup owner, a 61-year-old Marysville man, fired one shot, then remained at the scene and waited for police to arrive.

He told responding officers the shooting was in self-defense, but investigators couldn't corroborate his version of events.

If the original story is accurate, I find it difficult to imagine just sitting there in your truck while a crazy guy reaches in and takes whatever he wants of your belongings with absolutely no resistance.

 

[lobo9er]

The victim is said to be in serious condition. Police say he has a Kentucky driver's license.

sounds like either here could be the victim to me if its true the guy was going to rob him.

 

[KodiakBeer]

"The man assaulted and attempted to rob me. I feared for my life and was forced to shoot him. I don't wish to make any further statements until I consult an attorney."

The guy probably talked himself into jail.

 

[rainbowbob]

"The man assaulted and attempted to rob me. I feared for my life and was forced to shoot him. I don't wish to make any further statements until I consult an attorney."

This statement should be committed to memory by every armed citizen and repeated as a mantra if under duress.

 

[wishin]

On the surface, it appears to me that the shooting wasn't warranted. Not having been there though leaves too many unanswered questions in my mind on how it all really went down.

 

[Jorg Nysgerrig]

This statement should be committed to memory by every armed citizen and repeated as a mantra if under duress.

Seems like you are suggesting people practice a fabrication ahead of time, you know, just in case.

 

[chieftain]

The guy probably talked himself into jail.

BINGO!

Vast majority of folks in prison, put themselves there. One friend of mine who was a judge estimated about 95%.

In my own Attorney's famous words ****!. He was adamant about not needing my help to win the case. The most words I am allowed are "I need medical attention. and my attorney". (in my own case medical attention is always advised)

You WILL be in shock, and once you start talking you will not stop (there are enough exceptions to prove the rule). There is a reason that LEO's involved in a OIS are advised not to talk to their own department's IA or equivalent until they have a lawyer present and they have had a night's sleep.

There is a reason, in police work that is often called a CLUE! Problem is Americans think they can talk their way out of anything and everything and "HELP" themselves.

Go figure.

Fred

 

[shockwave]

I find it difficult to imagine just sitting there in your truck while a crazy guy reaches in and takes whatever he wants of your belongings with absolutely no resistance.

Some particular reason why you couldn't break his arm? Snap a finger back? Dislocate his elbow?

Hey! Here's a bright idea - the clown is reaching into the truck from outside, right? How about you grab the arm and pull on it, and let Mr Crazypants meet Mr Doorframe.

There's a couple dozen things you can do right off that do not involve killing the clown. Since we haven't met the "afraid for my life" threshold, we don't have a righteous shoot here.

 

[rainbowbob]

Seems like you are suggesting people practice a fabrication ahead of time, you know, just in case.

Not really - just considering that most self defense shootings in public are likely to be the result of an attempted assault/robbery.

 

[rm23]

Now, I th.. I don't know, not having been there and seeing all the facts; but I will say this: the police acted stupidly.

 

[Buck Snort]

Seems like you are suggesting people practice a fabrication ahead of time, you know, just in case.

Not at all. It's a way of expressing your constitutional rights.

 

[Old Shooter]

How about start up and go?

 

[rainbowbob]

How about start up and go?

May be awkward if the perp is already halfway into your vehicle.

 

[boatmanschneider]

If someone is close enough to grab at your cell phone and wallet he is close enough to grab your gun.

I can't comment on what happened in that incident, but if I had someone aggressively grabbing at my pockets while I was carrying I may feel my life is threatened. And indeed it may be.

 

[Deanimator]

The shooter says the crazy man was reaching for his wallet. So what, take my wallet it ain't worth a taking a life just to have to cancel my debit card and get a new driver's license and ccw permit.

You're not TAKING anything from my person.

Steal my TV, computer or car when I'm not in it and I'll call the cops. Try to rob my person or carjack me and you're going to have an exceptionally bad day, maybe your last.

Castle doctrine applies to automobiles in Ohio. Remember that if you're considering robbing people in their cars here.

A 61 year old man NOT in fear for his life during a strongarm robbery? In what alternate dimension?

 

[JellyJar]

Sometimes I lay my wallet on the passenger seat. Perhaps the shooter did also.

 

[Roswell_Kid]

"Some particular reason why you couldn't break his arm? Snap a finger back? Dislocate his elbow?

Hey! Here's a bright idea - the clown is reaching into the truck from outside, right? How about you grab the arm and pull on it, and let Mr Crazypants meet Mr Doorframe."

Dumb idea. Consider the disparity of ages. Shooter is 61, alleged assailant at 41 has got 20 years on him.

I´m 55 and I hit the gym 6 days a week, but would still have second thoughts about grappling with someone much younger especially with a firearm on my belt. As for the shooter, he´s a regular at Micky Dee´s for cripes sake. One can only imagine the herculean physique...

 

[Oyeboten]

This is one situation where 'Power Windows' are nice.


Power the Window "up" pinning the assailent's Arm.


Exit out the other Door.


Call 911 from cover.

 

[Art Eatman]

This is supposedly the Legal forum, not the Daily Events Speculatin' and Opinionatin' Group.