UPDATE: Judge dismisses murder charge ...

LOUISVILLE, Ky. (WDRB) – A judge dismissed a murder charge against Adam Lee Kuhn Thursday in the middle of the trial, without the defense even having to present its case.

Jefferson Circuit Court Judge Judith McDonald-Burkman issued a “directed verdict” when prosecutors finished their case, ruling that Kuhn was acting in self-defense when he shot Frank “Buzz” McCaslin near Churchill Downs last year.

http://www.wdrb.com/story/30334209/...ut-defense-having-to-put-on-evidence-in-trial

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Not sure how this result could happen given the facts presented in the story.

Based on what the article presented, I agree that something was not right.

stay safe.

McCaslin's girlfriend, Erica Satterly, told police her boyfriend chased Kuhn as he fled outside for help. The boyfriend then ran to the backyard, where Kuhn's 10-year-old daughter stood. Fearing for her life, Lambertus said, Kuhn fired at McCaslin.

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A bit more information but I'm still trying to figure out how Kuhn would not be considered the aggressor against McCaslin after the latter ran out of the house. (There is nothing to suggest McCaslin was headed for the back yard until Kuhn started chasing him.)

stay safe.

Correct action by the judge. Rarely seen but correct.
Once a thug has invaded your home , stabbed you, then decides to run outside , with kid out there also, I cant see a more justified use of force.
He had already tried to kill the home owner. Hes was a proven threat.

More judges should take that approach and more juries should use jury nulification in such cases.
No law prevents pursuit. Once in the vincity if his child he was more than justified.

Considering the judge heard far more testimony than the biased news report, this sounds like she made the right call.

And I agree with those that think the guy with the knife was still a threat to anyone he encountered as he retreated.

We can second guess whether he would have hurt the child all day long but, honestly, would you trust someone that had just stabbed you to be in any way close to YOUR child?


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Not just his child but anyone he came in contact with, he was a clear threat to society, and in some states it is legal to use deadly force on a fleeing violent felon. Not sure about Kentucky. If not self defense for himself, and the daughter, but the public at large.

I don't support vigilante "justice" or revenge.

But when it comes to a violent home invasion, I'm going to cut the victims the largest benefit of the doubt possible for "heat of the moment", fears for the well being of others, etc, if they end up using violence against the violent criminal.

I think a 30 minute high speed car chase would be out of bounds.

Chasing the invader as he runs into a back yard, or down the street for a hundred yards? Whatever the legal technicality is, I'm going to give benefit of the doubt to the greatest degree possible.

Note, this applies to a violent home invasion. It doesn't apply to kids stealing a lawn ornament or TPing a yard.

A non-violent home burglar caught in the act who flees falls somewhere in between these cases.

Charles

Ghost1958 said:

Correct action by the judge. Rarely seen but correct.
Once a thug has invaded your home , stabbed you, then decides to run outside , with kid out there also, I cant see a more justified use of force.
He had already tried to kill the home owner. Hes was a proven threat.

More judges should take that approach and more juries should use jury nulification in such cases.
No law prevents pursuit. Once in the vincity if his child he was more than justified.

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Welcome to the forum.

Not that rare .. 1/2 my cases have been decided by a motion to acquit after the state has rested and before I have done anything other than cross the witnesses. Of course, all mine not to the level of a murder case that probably gets alot of prep by the DA.

skidmark said:

A bit more information but I'm still trying to figure out how Kuhn would not be considered the aggressor against McCaslin after the latter ran out of the house. (There is nothing to suggest McCaslin was headed for the back yard until Kuhn started chasing him.)

stay safe.

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McCaslin's (stabber) girlfriend, Erica Satterly, told police her boyfriend chased Kuhn (stabbed) as he fled outside for help. The boyfriend then ran to the backyard, where Kuhn's 10-year-old daughter stood. Fearing for her life, Lambertus said, Kuhn fired at McCaslin.[/QUOTE ]
The stabbing victim was being chased, only after the agressor changed direction towards the victims daughter, did the original victim then shoot the agressor. At least that is how I read the agressor's girlfriend's statement.

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skidmark said:

A bit more information but I'm still trying to figure out how Kuhn would not be considered the aggressor against McCaslin after the latter ran out of the house. (There is nothing to suggest McCaslin was headed for the back yard until Kuhn started chasing him.)

stay safe.

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Even in Commieland CT, you can shoot an attempted or successful murderer in the back.

I guess the moral of the story is: don't stab anyone or you might get shot dead. Don't expect stabbing someone and running away won't still get you shot.