Lots of CCWers say that they would shoot another person if they "were in fear of their life."
This is always wrong. There is a little "R" word that is attached to the code that specifies justifiable use of deadly force.
Here is a case where the "R" word is crucial to determining whether her shooting was a good idea or not.
Did Yalanda Parrish think it was "reasonable" to shoot Wesley Mosier? I'm sure she did.
Was it "reasonable" for Yalanda Parrish to shoot Wesley Mosier? We'll find out. They're not taking her word for it...
July 22, 2008
Yalanda Parrish indicted for two felonies in Jeffersonville for road-rage case
By MATT THACKER
Yalanda Parrish, of Jeffersonville, was indicted Monday for her involvement in a June 17 road-rage incident.
The grand jury charged the 39-year-old Parrish with aggravated battery, a class B felony, and criminal recklessness, a class C felony.
Parrish admitted to shooting Wesley Mosier Jr., 52, of Corydon after he got off his motorcycle and approached her SUV at 10th Street and Allison Lane in Jeffersonville.
“I wholeheartedly agree with the conclusion,” said Prosecutor Steve Stewart, who said he did not make any recommendation to the grand jury, which began hearing evidence just more than a week ago.
Stewart said Parrish can only be convicted on one of the charges.
The main difference between the two charges is that aggravated battery requires that Parrish “knowingly or intentionally” inflicted a serious injury or caused serious risk of death, while criminal recklessness only requires that she acted recklessly in causing the injury.
A B felony conviction carries with it a sentence of six to 20 years in prison and up to a $10,000 fine. A C felony conviction brings a sentence of two to eight years and up to a $10,000 fine.
Parrish turned herself in to the Michael L. Becher Adult Corrections Complex at 2:50 p.m. Monday. She posted bond and was released within 13 minutes. Bond was set at $100,000, and she had to pay 10 percent of that amount to be released.
Stewart said Parrish was the only one charged by the grand jury. He would not rule out the possibility that Parrish’s 15-year-old son, Phillip, will be charged, but said he will not release that information to the public because Phillip Parrish is a juvenile.
Last week, the grand jury interviewed Mosier, Parrish and her son, Jeffersonville Police Department Detective Charlie Thompson and 11 other witnesses. According to the grand jury report, all known eyewitnesses were located and gave their sworn testimony. The six grand jurors and one alternate also reviewed 57 exhibits, including audio, video and documentary evidence.
The grand jury report stated that the deadly force used by Parrish was “unreasonable under the circumstances.”
The prosecutor outlined nine possible charges, which included four levels of criminal recklessness, three levels of battery, aggravated battery and attempted murder. Aggravated battery was the second most serious offense available.
For Parrish to be charged with attempted murder, Parrish would have had to show an intent to kill, Stewart said.
Although Mosier was not charged, the grand jury report concluded that he was “clearly not without fault.” His attorney, Larry Wilder, conceded that point, but said Mosier’s actions were not criminal.
“I think good common sense is that you don’t get off your motorcycle,” he said.
Wilder said the grand jury decision sends a message that people have to be responsible when carrying a handgun.
“It says in Clark County, it’s not the Wild West,” he said.
Mosier was hospitalized until June 28 and checked back in briefly last week. According to Wilder, Mosier had an existing medical condition and the trauma from the shooting may have shortened his life by several years.
Wilder said the bullet was lodged behind his liver and will not be removed, because doing so could cause more damage. Mosier appeared in court last week in a wheelchair being pushed by his mother.
Thompson also said he agrees with the decision and praised the grand jury for its thorough investigation. He testified July 14 for three hours.
When asked what he hoped people would learn from the case, Thompson said: “It’s not worth it. Two people, their lives are ruined practically because of something that wasn’t necessary.”
Not everyone agreed with the grand jury’s decision. The Rev. Clifford Leavell, a local black minister, said that he is concerned with the racial makeup of the grand jury, as well as with the fact that Mosier was not charged.
Mosier is white, while Parrish is black.
“If he’s not without fault, then what will they do to him? That is the question that should be asked,” Leavell said.
When asked by members of the media for comment as they left the courtroom, none of the jurors responded.
Parrish’s attorney, Brian Butler, was not immediately available for comment.
http://www.newsandtribune.com/clarkcounty/local_story_204115204.html?keyword=topstory
This is always wrong. There is a little "R" word that is attached to the code that specifies justifiable use of deadly force.
Here is a case where the "R" word is crucial to determining whether her shooting was a good idea or not.
Did Yalanda Parrish think it was "reasonable" to shoot Wesley Mosier? I'm sure she did.
Was it "reasonable" for Yalanda Parrish to shoot Wesley Mosier? We'll find out. They're not taking her word for it...
July 22, 2008
Yalanda Parrish indicted for two felonies in Jeffersonville for road-rage case
By MATT THACKER
Yalanda Parrish, of Jeffersonville, was indicted Monday for her involvement in a June 17 road-rage incident.
The grand jury charged the 39-year-old Parrish with aggravated battery, a class B felony, and criminal recklessness, a class C felony.
Parrish admitted to shooting Wesley Mosier Jr., 52, of Corydon after he got off his motorcycle and approached her SUV at 10th Street and Allison Lane in Jeffersonville.
“I wholeheartedly agree with the conclusion,” said Prosecutor Steve Stewart, who said he did not make any recommendation to the grand jury, which began hearing evidence just more than a week ago.
Stewart said Parrish can only be convicted on one of the charges.
The main difference between the two charges is that aggravated battery requires that Parrish “knowingly or intentionally” inflicted a serious injury or caused serious risk of death, while criminal recklessness only requires that she acted recklessly in causing the injury.
A B felony conviction carries with it a sentence of six to 20 years in prison and up to a $10,000 fine. A C felony conviction brings a sentence of two to eight years and up to a $10,000 fine.
Parrish turned herself in to the Michael L. Becher Adult Corrections Complex at 2:50 p.m. Monday. She posted bond and was released within 13 minutes. Bond was set at $100,000, and she had to pay 10 percent of that amount to be released.
Stewart said Parrish was the only one charged by the grand jury. He would not rule out the possibility that Parrish’s 15-year-old son, Phillip, will be charged, but said he will not release that information to the public because Phillip Parrish is a juvenile.
Last week, the grand jury interviewed Mosier, Parrish and her son, Jeffersonville Police Department Detective Charlie Thompson and 11 other witnesses. According to the grand jury report, all known eyewitnesses were located and gave their sworn testimony. The six grand jurors and one alternate also reviewed 57 exhibits, including audio, video and documentary evidence.
The grand jury report stated that the deadly force used by Parrish was “unreasonable under the circumstances.”
The prosecutor outlined nine possible charges, which included four levels of criminal recklessness, three levels of battery, aggravated battery and attempted murder. Aggravated battery was the second most serious offense available.
For Parrish to be charged with attempted murder, Parrish would have had to show an intent to kill, Stewart said.
Although Mosier was not charged, the grand jury report concluded that he was “clearly not without fault.” His attorney, Larry Wilder, conceded that point, but said Mosier’s actions were not criminal.
“I think good common sense is that you don’t get off your motorcycle,” he said.
Wilder said the grand jury decision sends a message that people have to be responsible when carrying a handgun.
“It says in Clark County, it’s not the Wild West,” he said.
Mosier was hospitalized until June 28 and checked back in briefly last week. According to Wilder, Mosier had an existing medical condition and the trauma from the shooting may have shortened his life by several years.
Wilder said the bullet was lodged behind his liver and will not be removed, because doing so could cause more damage. Mosier appeared in court last week in a wheelchair being pushed by his mother.
Thompson also said he agrees with the decision and praised the grand jury for its thorough investigation. He testified July 14 for three hours.
When asked what he hoped people would learn from the case, Thompson said: “It’s not worth it. Two people, their lives are ruined practically because of something that wasn’t necessary.”
Not everyone agreed with the grand jury’s decision. The Rev. Clifford Leavell, a local black minister, said that he is concerned with the racial makeup of the grand jury, as well as with the fact that Mosier was not charged.
Mosier is white, while Parrish is black.
“If he’s not without fault, then what will they do to him? That is the question that should be asked,” Leavell said.
When asked by members of the media for comment as they left the courtroom, none of the jurors responded.
Parrish’s attorney, Brian Butler, was not immediately available for comment.
http://www.newsandtribune.com/clarkcounty/local_story_204115204.html?keyword=topstory
