Gun Watch – by Dean Weingarten
A judge in Alabama shows an example of both the deadly danger of a punch, disparity of force, and the changes that ubiquitous cameras are bringing to the justice system. It is also interesting how misleading the early reporting was. From video evidence later on, it was clear that there was no fight. One man was attacked, and responded to the attack. It is clear that some people tryed to fit this into the “progressive elite” model of murder. From the Original article:
Detectives learned the victim got into a fight with another male. During the fight, Murray was shot.
Oliver, the real victim, who defended himself, was surrounded by three young me, one of whom punched him and knocked him down. The attackers were very close, two feet away. Oliver drew his defensive weapon and shot Murray. That stopped the attack. The prosecutor insisted onFiling charges:
William Leigh Oliver, 28, is charged with manslaughter in the shooting death of Cornigel Lafayette Murray Saturday night at the Kangaroo Express in the 300 block of Robert Jemison Road, according to Birmingham police Lt. Julie Quigley.
Oliver’s attorney made the clear case that Oliver was defending himself against an unwarranted attack. The attack was recorded on video, but the prosecutor brought up the inappropriate “fist fight” theme, even though Oliver never consented to a fight, was attacked without justification, and was outnumbered three to one. From al.com, fist fight comment:
An attorney defending William Leigh Oliver said that Oliver was fearful for his life and fired in self-defense after being punched by one of three men. A prosecutor, however, said Oliver didn’t respond appropriately and had “brought a gun to a fist fight.”
Then the case goes to a judge, who sees that it does not even pass the most preliminary of examinations, and the charges are dismissed:
“While it is rare for a case to be dismissed at the preliminary hearing, the Court in this case, with the entire unfortunate event captured on video, did exactly what the law required and found that there was no probable cause to on a charge of manslaughter.”
“My client was in the process of filling up his car when a person he did not know violently assaulted him, knocking him to the ground for no apparent reason. As soon as he got up, the attacker and 2 of his friends were within 2 feet of him. Stunned and in fear of even greater harm, he shot once in self defense, as the law allows. He immediately called 911. His recorded statement to the police matched the video with precision. My client and his family deeply regret this tragic and painful loss.”
The comments about the articles show a clear split. The proponents of self dense support Oliver, say there is no case against him, and say his race does not matter. Opponents claim that both he had no reason to shoot, could have somehow avoided it, or will not be able to use justification for self defense because he is black. They also claim that “gun nuts” will not support Oliver because he is black, in spite of comments to the contrary. From the comments:
Bo Alawine:
Sounds like a classic case of SYG.
Of course, that only applies if the shooter is white and the alleged “thug” is black.July2007 to Bo Alawine:
You should tell Florida, because the Zimmerman trial brought to light the fact that in that state SYG is used most often successfully by black shooters.
Sorry facts don’t fit your agenda.Acid Burn to July 2007:
What country are YOU in? SYG is inherently for “non-black” people, just ask Marissa Alexander. She, an African American woman, tried to use the SYG laws to her defense after firing a WARNING shot (never hit anyone) at her abusive ex husband (whom she had a restraining order on) and was STILL sentenced to 20 years. She was in FLA.
“Bo Alawine” and “Acid Burn” insist that “July 2007” is wrong, even when he states the facts. It shows the power of the old media. Deputy District Attorney Michael Streety shows a similar disconnect with reality, or maybe his boss ordered him to prosecute. Streety is quoted. From al.com:
“He (Oliver) took a gun to a fist fight. He shot and unarmed man,” Streety said. “He had no right to respond in the way he did.”
Streety could not even convince a judge to go beyond a preliminary hearing, let alone convince a grand jury or a jury at trial. I wonder how many people this district attorney office bullies into plea bargains? Oliver had a full time job and no criminal record. He did not “take a gun to a fist fight”. The fight came to him, and fortunately, he had his self defense firearm with him.
©2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch
http://gunwatch.blogspot.com/2014/12/al-one-punch-one-shot-one-killed.html
“While it is rare for a case to be dismissed at the preliminary hearing, the Court in this case, with the entire unfortunate event captured on video, did exactly what the law required and found that there was no probable cause to on a charge of manslaughter.”
Videos can be priceless these days.