imported post
Due to substantial popular demand, here is a current example of how
HankT's Postulateof Civilian Self-Defense (HPCSD)once again is sustained in a heart breaking fashion.
Remember as you read this article about James Malec and Justin Eilers that
HPCSDis as follows:
It is a bad strategy to shoot an unarmed person.
This case was originally brought to OCDO in the thread:
Idaho man facing 2nd degree murder for defending himself against enraged attacker needs your help.
http://opencarry.mywowbb.com/view_topic.php?id=26933
It's a shame, a dirty shame that Mr. Malec was not aware of .... or refused to heed ... the undeniable wisdom and practicality of
HPCSD.
Here is the latest on this tragic case:
September 04, 2009
Southwest Idaho man convicted of killing stepson
A southwestern Idaho man has been convicted of voluntary manslaughter in the Christmas night shooting death of his stepson.
A jury deliberated about eight hours Thursday before convicting 48-year-old James Malec of killing 30-year-old Justin Eilers last December.
Malec faces up to 15 years in prison and a $15,000 fine. A sentencing date hasn't been set.
The defense argued that Malec properly used his former police training to stop a deadly threat when he killed his wife's son, a professional martial arts fighter.
But prosecutors told the jury that Malec's choice to shoot Eilers was deliberate, unnecessary and unlawful. They had sought a more severe second-degree murder conviction, while the defense had argued for acquittal based on self-defense.
Gwen Moore is Malec's wife and the mother of the shooting victim.
"Everyone asked me what justice I wanted," she said before weeping into her sister's arms. "I want my son back, that's what I want. And I'm not going to get that."
Defense attorney Gordon Petrie reminded jurors that Malec had testified that Eilers had threatened to kill Malec and moved toward him before Malec shot Eilers once in the chest.
"Never lose sight of the fact that Justin tried to make a living by pummeling people into submission," Petrie said.
But Deputy Canyon County Prosecutor Scott James said Eilers was not armed and moving away from Malec when he was shot.
"Justin Eilers was acting like a jerk, there's no question," James said. "He was ruining Christmas. He was disrespecting the defendant in his own home. But he didn't deserve to die."
Moore testified that Eilers was backing away from Malec just before Eilers was shot.
http://www.theolympian.com/northwest/story/960582.html