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Thread: Shooter had right to self-defense

  1. #1
    Founder's Club Member - Moderator longwatch's Avatar
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    May 2006
    Virginia, USA

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    Kind of a weird case, but a justified shooting apparently.
    Grand Rapids Press

    Friday, June 02, 2006
    By Nate Reens
    The Grand Rapids Press

    GRAND RAPIDS -- A man shot while trying to break into an Oakfield Township home last month was armed with a handgun, giving Marcus Diamond cause to fear for his life, Kent County Prosecutor Bill Forsyth has determined.

    Forsyth said today he will not charge Diamond, 34, for the May 12 shooting that injured Fernando Olivas, 18, outside a rural home on 15 Mile Road NE. The prosecutor's decision is based on police finding a gun Olivas allegedly carried to the house. Olivas apparently reached for the weapon before Diamond fired.

    "When Mr. Olivas 'reached into his pocket,' the shooter believed he posed an immediate threat of death or great bodily harm," Forsyth ruled. "The fact that Mr. Olivas was armed clearly validates his belief.

    "Even if Mr. Olivas was not reaching for his weapon, the shooter had an honest and reasonable belief that he was."

    Olivas and Edgar Hernandez, 17, who both face multiple felony charges, are accused of trying to enter the home of William "Jake" Kish. They believed Kish grew marijuana and had unregistered guns inside, court documents show.

    Olivas, who was shot in the back, told The Press in an earlier interview he and Hernandez went to the house, 10739 15 Mile Road NE, with the intent to burglarize it. In the interview, Olivas denied having a gun.

    He since has refused to comment on the incident.
    Forsyth said declining to charge Diamond is not an indication of the teenagers' guilt.
    Diamond's sister said the family was relieved to learn he would not face criminal charges. Diamond could not be reached for comment.

    "He wasn't too worried, but it was good to hear," the sister said, declining to identify herself. "He did what he knew he had to do."

    The break-in suspects had been to the residence on the two days before the shooting and were told to leave. Kish, apparently concerned they would return, asked Diamond to watch his house, authorities said.

    When the teens returned, they allegedly drove a stolen van to the rear of the isolated house and approached a back door. Diamond confronted them and again warned them to depart, according to the investigation.

    Diamond's gun was visible during the face-off, Forsyth said.
    "Under the doctrine of self-defense, a person has the right to use deadly force if the person honestly and reasonably believes that he must do so," Forsyth wrote in his decision.
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  2. #2
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    May 2006
    Mesilla/Las Cruces, New Mexico, USA

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    Yeah, wierd. The relationship between the burglers and homeowner seems strange. And then asking someone to watch your place when you are expecting trouble? Makes me think the homeowner was perhaps a felon and maybe he did have prohibited/hidden guns. If so he would need someone to legally protect his possessions. He could not use/own a gun as a felon. Or maybe Kish was just an elderly person no longer able to defend himself. I don't know. I didn't see Kishs' age listed.
    Overall, sounds like a couple of gang bangers needing booty to sell for drugs or money.
    But how dumb or desperate were they to mess with a guy who allready had a "visible" gun?
    The shooter/housesitter was justified fo sure.

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