Monday, December 30, 2013

"Robbery" Exceptions to New York State Law re "Use of Deadly Force" and "Duty to Retreat" Reviewed in Self Defense Shooting of Two Attackers

New York State law requires a person to retreat if possible before using deadly force for self-defense with exceptions for when in your own home and (possibly) during a robbery.  The latter will be tested in Buffalo for the shooting of Robert Moore, 19, and Bernard Byrd III, 21, both under arrest for robbery in the 1st degree, who were both shot wounded on the night of December 29th, 2013.


Thursday, December 26, 2013

Self Defense Media and Legal Controversies of 2013

1 -
George Zimmerman and Trayvon Martin.

George Zimmerman shot Trayvon Martin on February 26th 2012 with no charges being filed. By March 8th, a petition to get police to pay closer attention to the case was put together and would go on to have 2.2 million signatures by March 26th. Zimmerman was arrested in April of 2012 and on June 24th, 2013, is trial began and ultimately found him not guilty of 2nd murder and manslaughter. The video below is the reading of the verdict in the Zimmerman trial:


2.
Jodi Arias and Travis Alexander

Jodi Arias used what jurors would later call a "so non plausible" self defense argument in while on trial for the 2008 killing of Travis Alexander. The video below is the reading of the verdict in the Arias trial:




3.
Marissa Alexander and Rico Gray

Marissa Alexander's case involved her sentencing in 2012 to a 20 year prison sentence for killing her husband with what was described as a 'warning shot' in self defense.  Although many in law enforcement may take for granted the fact that there's no such thing as a defensive 'warning shot' it does appear that Marissa will have another chance as she's been released on bond after being granted a retrial.

The video below is part of CNN's "Digging Deeper" segment on Marisssa Alexander:





4.
Theodore Wafer and Renisha McBride

Theodore Wafer appeared in court just before Christmas 2013 facing charges of 2nd degree murder, manslaughter, and a felony firearms charge.  Wafer is accused of shooting McBride from a distance of 3 feet through a screen door wbere McBride may have approached to seek help after being the driver in a DUI related accident with a parked vehicle. Wafer's attorney is already telegraphing that a self-defense strategy will be used by making public statements about Wafer's 'waking up to violent banging on the door of his house' where he thought a person or persons were trying to gain entry into the front and side doors.

The video below, is of the short 911 call where Theodore Wafer states that he shot someone on his porch with a shotgun: