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Gunshot on Federal Street. Shooter’s acquittal worries authorities. St. Albans, VT Messenger

tarzan1888

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The sad thing here is that Martel is traumatized and is now afraid to protect himself.

I was once by a group of bad boys, only I wasonly with out a gun. It had a different outcome.

A few years back my kids talked me into writing down some of my life stories. What follows is my account of that incident.

"Following my Junior year in High School on graduation night 19__, I left the festivities at the High School and with my clothes and my .22 rifle loaded in my mother’s old 1953 Plymouth, I started off for Buena Vista, Colorado. The plan was that I was going to get a job working in the mine at Climax Colorado and make a lot more money than I would have made if I had stayed home and hauled hay. As things went, I got the job at the mine, but only if I joined the Union. It didn’t take me long to learn that by the time I got through paying union dues and the like I would work the whole summer and not end up with much money to show for it. I did not take the job.
I got a job pumping gas and that was OK for a while but I finally decided that I would be much better off hauling hay. I lined up a job with a local farmer and found a crew and this job went well. I was living in a trailer court and I made friends with some of the other boys who were my age. They became my crew and we had fun working, swimming, hiking and doing other activities.
After I had been there for about a month I decided it was time to change the oil in my mother’s car. It was so black that I couldn’t even read the dip stick through the oil. One of my friends knew a guy who worked at a gas station that had bays where they worked on cars and we went to the gas station and asked this worker if I could use one of the bays to change my oil. He said that I could if I did it at night when the mechanic was not there and they were not busy.
The next night I went over to the station, with my friend, and started preparations to change the oil. We had not been there long when a gang of young men came in. The leader of this group was a guy about 20 and as we all stood around in the waiting area talking, he took out a package of cigarettes and offered them to everyone. The others each took a cigarette, but I declined, telling them that I didn't smoke. For some reason, this young man took offense to my refusal and he offered me a cigarette for a second time. Again I refused.
At this time I was 17 years old, 6 foot 3 inches tall and about 135 pounds, soaking wet. One of the young men, who had come in with this gang was a guy about my age that had worked with me at the gas station where I had my first job. He was about my height and outweighed me by a good 100 pounds. The leader of the gang handed him a couple of cigarettes and told him to make me smoke them. It was about this time that I turned my back to the group and walked back into the bay, in an attempt to continue with the changing of the oil in my mother’s car. For the next 15 or 20 minuets this big kid would kick me as I was under the car or push me as I was walking, call me names and just generally try every way he could to get me to fight him. I refused to give in to anger and did my best to ignore him. Finally I had just gotten out from under the car when he came at me with a big gob of grease on his fingers, saying he was going to rub it all over my nose. I ducked and he got my ear.
I then realized that it was time to stand my ground and suffer the consequences, what ever they were. I said, “Ok. That’s it, I will fight you!” I put up my dukes and readied myself. I knew how to fight, my father had taught me, but he had also taught me to not relish fighting, but only do so when I had no other choice. I did not want to fight this guy. Him being so big and all, did not increase my desire to fight him, but I was not afraid to fight.
He took a swing at me, I ducked, he missed and I countered with an overhand right. He swung again, with the same result. After 3 or 4 more attempts to hit me failed and each time only resulted in him receiving a blow from me, I guess he realized that he needed to change his tactics. He then lunged and grabbed me in a bear hug, lifting me off the ground. I felt like I was in a vice, but I just leaned back and continued to rain blows on his face. Soon his arms lost their strength and he put me down. Then he went to his knees and then to the floor on his back, with me astride him, still raining blows. When I finished he lay on the floor, his face a bloody pulp.
I didn’t want to fight him, but when I had no choice, I did. To say the least, the gang of young men, in the gas station, were stunned by the outcome of the fight. They quietly left me to change my oil, taking their battered friend with them. News traveled fast, and soon the word around Buena Vista was not to mess with me. From that day, till the day I left, in late July, no one did."

It is my experience that bullies are generally cowards, and if you stand your ground they show their colors. If the other boys had jumped in with their champion, my story would have had a very different ending.

If you can get away it is good to run, but you have to be ready to stand and fight.

Tarzan
 

deepdiver

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And here I kept thinking that the moral of Tarzan's story was going to be, "And that is why you should just shut up and take the damn cigarette." :p


Seriously though, while bullies often will back down if you face up to them, that isn't always true anymore. For many modern urban cultures if you don't give certain bullies their "props" or if you "dis" them, even unintentionally, they will not back down but attack. It is not always easy to figure out which kind of bully you are dealing with and if you guess wrong, your sidearm very well may be all that keeps you from being a statistic on the morning news.
 

XD-GEM

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AWDstylez wrote:
Liko81 wrote:
Would you want to go through the criminal justice system a second time after having your life placed in the balance not once, but twice?


If I truely believedmy actionssaved my life, without a doubt. That was just my point. IMO, he decided to no longer carry a gun because he realized that his actions were not justified because the situation was not immediately life threatening, therefore he was lucky to get off as he did so he's now quiting while he's ahead. I can see where you're coming from and I'm not saying you're wrong, but that is how I'm seeing it.
Your "IMO" says it all - it's your opinion. There are no facts in this story to justify that conclusion,although I grant you that it might be a valid assumption. I doubt it though.

This poor kid was victimized twice - first by some drunken thugs, then by the agonizing experience of being put on trial for something he thought he was justified in doing. You've judged his actions in the incident in a manner that indicates you've never been the victim of bullying. I have. When I was a kid, I was beaten to a pulp by another kid who was bigger than me (and also a Golden Gloves boxer, BTW) simply to show off for a friend of his. To this day I do not cotton to bullies, but I know how to stand up to them now.

I agree with you that he pulled his weapon too soon in the encounter, but I disagree about your assessment of his actions. He was scared witless that he was in danger of serious bodily harm, possibly of being killed by these guys ganging up on him and using his own gun against him. Frankly, I'm surprised he didn't fire more shots than he did. And I feel sorry for him. He'll forever question his own judgment in serious situations, unless someone can help him work through the emotional trauma.
 

tarzan1888

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deepdiver wrote:
And here I kept thinking that the moral of Tarzan's story was going to be, "And that is why you should just shut up and take the damn cigarette." :p.....

You are exactly right.

Back when this happened, no one thought of carrying a handgun., and it wasn't needed.

I have heard a saying before that goes something like; "Don't pick a fight with an old man, because he knows he can't out run you, and he has no real desire to fight, so he will just kill you."

If I found myself in the same situation today, I would have been armed.

If they persisted I would have called the police and been prepared to stop the threat.

My real moral to the story is that I used what I had to defend myself then, when all else failed, and I would do the samenow, but now I would use different tools.

Tarzan
 

9001

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Citizen wrote:
AWDstylez wrote:
SNIP I suppose I would have to agree, but you can't forget that your position walks a very fine line betweenrighteous self-defence and justified vigilanteeism.

In the case of this kid, it worked out alright. The guy that got shot happened to be a bad guy and the world would probably be a better place without him. That judgment in and of itself is highly debatable, as is the assumption that goes with it (and also seems to be a pervasive, although not openly stated, opinion on this board): killing common criminals is acceptable. But let's put even that aside and just use the simple mental exercise of applying the logic that this kid's actions were justified based on WHAT HE KNEW AT THE TIME (he didn't know the guy had a criminal record before he shot him). Anyone that's able to use some imagination can come up with numerous senarios. I don't know about you, but the ones I can come up with involve you, myself, or one of our friends getting shot becausewe had a little too much to drink and decided to yell at some random guy walking down the street. Like I said before, I'm all for self-defense, but only deadly force (or the imminent threat of deadly force)should be met with deadly force. Taunts and jeers should not be met with deadly force, they should be walked (or run) away from, and someone crossing the street towards you is not justification for drawing a gun. I think this says it all:



"He also won’t carry a gun anymore, he said.

What has he learned from all this?

'Wear running shoes.'"



That statement alone is all that's necessary to see that even he himself knew he was in the wrong.

Good discussion. Thanks for staying with it.

I understand guilt and stress are common post-shooting problems. Lots of people get stuck in"if only I had..." after somethingbad happens. I understand the stress is sometimes attributed to society's backlash, if any. I can see that its possible his statement is a tactic confession of not needing to shoot; but I can also see its not the only explanation.

Regarding walking a fine line between righteous self-defense and vigilantism, I wonder if we don't have to recognize that there is a difference between the truthof the event, and the determination ofa jury. The survivor and witnesses are the ones who know the facts. The jury are the ones who determine the facts on behalf of the state/people. What if the jury just can't make out the distinction between righteous and vigilante based on the evidence in a fine-line case?

I guess there are limitations to what a jury can discern. Hopefully, if they are having trouble, they'll let the defender go rather than convict just because they don't want to take a chance on letting a vigilante loose.
This is Matthew Martel the shooter. I came across this forum just now and would like to say a couple things.

These were not just words that the drunk individual had spoken to make me fear for my life that night. I keep hearing that they were unarmed, when in fact Mr. Jonathan Bushee had a "thungs rendition of brass knuckles" which was a garden hose clamp on his finger, this was stated in the doctors report. I wounded him and ran and when he could not catch me he punched a side of a building breaking his hand and the doctors had to remove the garded hose by cutting it off of his finger. Let me assure everyone he was NOT unarmed. After many warnings he was 3.5 feet away from me when I felt it necessary to use deadly force.

AWDstylez, As for your post saying that I won't be carrying anymore and that I should get running shoes is proof that I know what I did was wrong.
I will not carry anymore because I lost a year of my life having to be under 24 hour curfew, while those drunks were looking like heros (Until the not guilty verdict) I put my family and friends through hell for the entire year. Let me tell you that if in that situation again I would do the exact same without thought. I do not and never will believe that I was in the wrong.

As far as your senario that would involve you having "a little to much to drink" A little to much? He admitted to having "Probably a twelve pack and a few shots" A little is by far an understatement. And the deadly force meeting deadly force -I certainly can't speak for Bushee but I'm sure we can all belive that his intensions that night by getting so close to me was to severly beat me with those "brass knuckles."

-Matthew Martel
 

XD-GEM

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9001,

Welcome to the board. You can see we've discussed your situation a good bit but were only able to make guesses. I, for one, am glad you were aquitted. I hope you can work through the emotional trauma of this. As has been said, you are more than welcome here.
 

deepdiver

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SFCRetired wrote:
Doug Huffman wrote:
You were acquitted and owe no one an explanation, especially here. Welcome to OCDO though I am sorry for the circumstances. Please visit as you can and contribute from your unique perspective.

A hearty "Amen!!" to that!

Mr. Martel, you did what you had to. It is just a shame that you and your family were put through the wringer and the thugs werer allowed to walk around like they had done nothing.

Do please come back. Whether or not you ever carry again, I think you have some insights that we can all learn from.

+1
 

darthmord

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Mr. martel, you did what each one of us should / would do... attempt to defuse the situation, attempt to remove yourself from the situation, and ultimately defended yourself when forced to.

There is no harm in that. Every law-abiding citizen ought to be able to defend him/herself against unlawful aggressors.

:)
 
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