Good shooting sends father of 7 away for 10 years for 2nd deg murder -used a 10mm.

T

Tomas

New member
Did any one see Dateline tonight?

I can't believe they put him away for that shooting.

I can't believe the defense didn't do more to counter the whole "10mm is a more powerful load than police use" BS, and yet he was using wimpy Hydra-Shoks.

I hope Mr. Fish wins his appeal.

Good luck sir.

Tom
 
The shenanigans the prosecutor used in court should have him disbarred and jailed frankly, but I was never convinced that Fish used deadly force in a morally and legally justified manner.
 
It would appear that the prosecutor was guilty, at the least, of attempting to manipulate the evidence to show that what transpired was, in his possibly political opinion, worthy of more scrutiny.

A pair of animals known to attack humans, with their owner standing placidly by, would be properly shot, or warned with a firearm. To have the owner then, as the judge noted, "run" towards the man, shouting death threats, is going to create a tense situation. The animals were also still present and active, as well.

There was no note of the physical sizes involved between the men, but an age disparity of better than 14 years existed, with the attacker the younger. Coupled with a history of mental health problems, which explained the irrational behavior after the fact, the man was asking to be shot.

Can anyone imagine the outcome if the younger man had attacked the older one, and the dogs joined in? There was no way that he would have escaped serious, and life-threatening, injuries. The near certainty of the animals joining in the attack goes a long ways towards explaining the lack of "avoidance" in the response.

The prosecutor should be reprimanded for failing to take into account the mental health history of the attacker. His violence is easily understood in that context, but this wouldn't have been apparent to the older man at the time of the attack.
 
WRONG! That's not the case we're talking about here at all!
Click to expand...
uhm, i think that was apparent, given his narrative comment. he was
saying this was another news event, not another article.
 
One of the main points the prosecutor used was that the 10mm was more powerful that that used by police. Also Mr. Fish had loaded his pistol with hollowpoints which are designed to kill.:eek: One of the jury members mentioned that also. Any bullet is designed to kill. The forensics specialist also did a number on Mr. Fish. He said that the hand was in a defensive positon when the bullet went through it. This was also mentioned by two of the jury members. Under cross examination the forensics specialt admitted couldnt say whther the hand was in an offensive or defensive postion. jurors must have napped through that one.

There were about about 10 witnesses who testified about the deceased's mental problems. His mental health records were not allowed to be shown in court.

A law was passed that meant a person in fear from his life doesnt have to retreat. One case is being tried under it now. I think it is being heard in the Supreme Court of Arizona. If that case is won it may allow Mr. Fish to appeal his case.
 
Size of the bullet an issue? That's teh stupedest thing I heared al monring. Do they really mean to suggest we all carry 9mm ball ammo or weaker?


And I don't know if I'd call the hydra-shoks weak, it sounds like they did what they were supposed to :D.
 
I'm going to suppose that the local PD doesn't use hollowpoint ammunition? Heck, the local PD probably uses .40 S&W, a bullet with the SAME diameter as the 10mm.:)
 
No matter how this case comes out, it points out the fine line we who carry CCW must walk.
Unfortunately, it might mean in some cases that we end up being dead because of hesitating too long when the threat is CLEARLY real and mortal, but cases like this make us take a moment to "think". Perhaps at a moment when we don't have the luxury to waste.

In a greater societal sense, it's probably a good thing that cases in which there are no witnesses or where the shooting is marginally justified end up in court.
We all wish for easy and clear answers, but too often, there are none.

Carter
 
I saw this segment of Dateline as well. It sickens me that they convicted him. The shooter was a frail looking 57 year old & the attacker looked around 40. The dead man had a history of violence including the assault of a male friend of his ex-girlfriend who filed 2 restraining orders against the deceased. The deceased was also on medication when he died according to the coroner. That may explain his eratic behavior.

It didn't help that the judge ruled that a lot of comments about the deceased's history were inadmissable. I wish I could find that female jurror that they interviewed & explain guns to her. Police usually carry 9mm to deal with 190 pound drugged up killers & such. For the most part, they don't have to worry about 600 pound mountain lions with 4" teeth. HP bullets are designed to not zip right through the body & kill the bystanders behind the perp.

We should break this guy out of jail. Except his family probably wouldn't want to live on the run. He's 57 & he'll be 67 if he serves the full sentence. Plus since he's convicted of a felony, he won't be able to legally carry a gun if he want's to continue hiking:( .
 
Where's the NRA? The GOA? Oh, right, making money from the gun control issue doesn't always mean defending people who need it.
 
Just goes to show you that its not always "guilty or not guilty" its how much you can afford to pay for your defence. Sounds like a clear case of "dropping the ball" on the defences part.

In jail or not, the good guy is alive and the bad guy is in the dirt!


It could have been the other way around ;)
 
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