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Thread: Victim Kills Would-Be Robber

  1. #1
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    http://www.todaystmj4.com/news/local/53259052.htmlvideo at the link.


    By Elizabeth Braun, Melanie Stout MILWAUKEE - A 23-year-old Milwaukee man was being robbed at gunpoint when he pulled out his own gun and fatally shot one of the suspects.
    It all happened early Thursday near 1st and Clarke. The 23-year-old man was walking his girlfriend home when two teenagers pulled out a gun and tried to rob them.
    But the victim also had a gun. He shot and killed one suspect, 17-year-old Kevin Ollie. Ollie's gun also went off, and he accidentally shot the other teen robber before he died.
    The robbery victim's family says he had no choice but to fight back.
    The District Attorney's office agreed. Chief Deputy District Attorney Kent Lovern said the victim acted in self-defense and will not be charged with any crime.
    But the surviving robber, Damien Cole, 19, has been charged with felony murder for his role in the incident where some died during the commission of another crime.
    He could get up to 55 years in prison on that charge.
    Cole also faces charges of armed robbery and attempted armed robbery
    -I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you screw with me, I'll kill you all.
    -Be polite, be professional, but have a plan to kill everybody you meet.
    Marine General James Mattis,

  2. #2
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    Nice to see the law working as it's written.Kudosto that gentleman.

  3. #3
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    Good that he defended himself. Sad to see death, but good that it was a BG.

    The one thing that is "fuzzy" in this report is that they don't offer CPL's in Wisconsin to my knowledge. Was he OC'n?

  4. #4
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    Interesting story. I'm glad to see that this man wasn't charged criminally. I'd be interested to know if there was a civil trial. Or rather, has there been a civil trial YET. I will not be a victim, but i really wish there was not the impending civil trial that follows self defense of yourself and loved ones.

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    These two excerpts are from the Milwaukee Sentinel, one earlier and the other the latest on the story. ON Free Republic someone posted that, while Wisconsin law forbids concealed weapons, if it is used in self-defense, you can't be charged with the concealed weapon violation. Take that FWIW.

    Whatever the reason, they didn't charge the defender.


    August 14, 2009
    http://www.jsonline.com/news/milwaukee/53264872.html
    "The district attorney's office is reviewing the shooting to determine whether charges will be brought against the target of the robbery, police department spokeswoman Anne E. Schwartz said. Stanmeyer said the robbery victim was cooperating with investigators."


    August 17, 2009
    http://www.jsonline.com/news/milwaukee/53510667.html
    "The 23-year-old man who shot at Cole and Ollie acted lawfully in self-defense and the defense of his girlfriend and won't face any criminal charge in the matter, according to Chief Deputy District Attorney Kent Lovern."

    Hopefully this story will bring to the fore again the need for a CCW law in Wisconsin.

    Joel

  6. #6
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    nobucks wrote:
    These two excerpts are from the Milwaukee Sentinel, one earlier and the other the latest on the story. ON Free Republic someone posted that, while Wisconsin law forbids concealed weapons, if it is used in self-defense, you can't be charged with the concealed weapon violation. Take that FWIW.

    Whatever the reason, they didn't charge the defender.

    That weirdness in WI law comes from the "Vegas" case-law, WI has no concealed carry provisions. But the courts have come to the conclusion that if your need to conceal a weapon outweighs the states prohibition on concealing, you win.

    Vegas was a pizza delivery driver that was robbed and beaten on several occasions while performing the duties of his job, during an attempted robbery he was forced to shoot the aggressor to defend himself, the lower courts found him guilty on a charge, he appealed and the supreme court overturned the verdict and that is where some of the inconsistencies stem from. You may also want to look at a case named "Hamden"

    To put it in "Plain WI English" it is illegal to carry a weapon concealed, but if you happen to need the illegally concealed weapon to defend yourself, it is not illegal! Anywhere in or on avehicle is considered concealment in WI, so even if you have a firearm strapped to hood of a car, the law calls that concealed. Open-carry in a car is also illegal concealment.

    We have dozens of conflicting firearm laws in this state, one of the goofiest is case law in WI V. Alloy, where the courts ruled that having a firearm in a case, in a vehicle is also illegally concealed, but to legally transport a firearm, it must be fully concealed in a case. if you obey one, it puts you in direct conflict with another one, so we get to choose which infraction carries the least amount of forfeiture and penalty and try to abide by that.

    Oh, we are an open-carry state with no permits needed! Pleasze visit the WI thread for some more entertainmentwith the case-law stickies.



  7. #7
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    kudos to the victim. Happened as it should have.

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