Man aquitted in SD shooting after spending 112 days in jail

A sobering story, and a life wrenching event for Mr. Lewis. The continuing lesson for us is that we don't have the final say about whether our use of lethal force was justified, and if there's a dispute on the question, it's not a "good shoot" until the jury says so. Some further example are --

This couple, arrested in early April and finally exonerated under Missouri's Castle Doctrine in early June. And no doubt after incurring expenses for bail and a lawyer, as well as a couple of month's anxiety, before being cleared.

Larry Hickey, in gun friendly Arizona: He was arrested, spent 71 days in jail, went through two different trials ending in hung juries, was forced to move from his house, etc., before the DA decided it was a good shoot and dismissed the charges.

Mark Abshire in Oklahoma: Despite defending himself against multiple attackers on his own lawn in a fairly gun-friendly state with a "Stand Your Ground" law, he was arrested, went to jail, charged, lost his job and his house, and spent two and a half years in the legal meat-grinder before finally being acquitted.

Harold Fish, also in gun friendly Arizona: He was still convicted and sent to prison. He won his appeal, his conviction was overturned, and a new trial was ordered. The DA chose to dismiss the charges rather than retry Mr. Fish.

Gerald Ung: He was attacked by several men, and the attack was captured on video. He was nonetheless charged and brought to trial. He was ultimately acquitted.

Some good folks in clear jeopardy and with no way to preserve their lives except by the use of lethal force against other humans. Yet that happened under circumstances in which their justification for the use of lethal force was not immediately clear. While each was finally exonerated, it came at great emotional and financial cost. And perhaps there but for the grace of God will go one of us.

And note also that two of those cases arose in States with a Castle Doctrine/Stand Your Ground law in effect at the time.
 
Glad to hear the guy is free, but there is as easy and obvious way he could have avoided the shooting - by not remaining at the scene. It amazes me that people will pull a gun, and then go about their business when the bad buy runs away.

If you pull your weapon, your first order of business (after escaping) should be to contact the police.
 
Wow the city and the apt complex handled that poorly. Feel bad for the guy. They apt complex clearly did not care about their tennent. Geese I wonder why the server couldn't find him at the apt. The city should have allowed him to show up for the eviction hearing. Typical gvt they can go about costing someone most of their savings with impunity but if someone fails to pay a minor to let or so they hit you with tons of interesting fees and penalties.
 
Is there no legal or civil recourse for Mr. Lewis? If I were him somebody would be coming up with my all my lost wages and reimbursement for my lost personal property. Then I might not sue them for every form of damages my creative attorney can think up.
 
I was actually coming here to post this, glad someone already has. I live here in Des Moines so I saw this on the local news today. It makes me sick whenever I read something like this. The guy was clearly in physical danger (2 guys approaching him with no regard for the gun in his hand). who the heck would advance and proceed to attack a man his is armed and yelling for the aggressors to move away?! Anyone who is that reckless sounds like a dangerous individual.

It's really hard to have a good opinion of people/legal system when stuff like this happens. Thank God for jury trials.
 
The Judge says...

Sarcone said: “I don’t know why people are afraid of jury trials. I’m not.”

Well... theres a shocker! Coming from the Judge... I'd like to hear ANY person who has ever had to defend themselves say the same.
Nevermind the expense, nerve racking, total life disruption and possible implosion of ones finances.
That stupid position and opinion voiced publicly should be enough to bounce him right off the bench.
 
Wow. That is insanity. Poor guy.

Stories like these make me wish I had a nice pile of cashola sitting around waiting to do some philanthropizing with.
 
Poor guy, there should be a way for him to sue the crap outta that city...at least get back what they caused him to lose while they had in wronging locked up.
 
Glad to hear the guy is free, but there is as easy and obvious way he could have avoided the shooting - by not remaining at the scene.

Yeah, and then face felony hit and run charges. I am not sure he would have been a whole lot better off. This guy got the shaft stuff like that happens every now and then.
 
While I'm on his side for the shooting aspect - he was attacked, gave fair warning, said get away from me, etc - it would still appear that he was the idiot that turned left from the right lane infront of the drunk after racing with him, causing a wreck, then shot the drunk for wanting to give him a beatdown for the left turn wreck thing.
Overall the entire event seems like a collision of poor choices by all involved.
 
Yeah, and then face felony hit and run charges. I am not sure he would have been a whole lot better off. This guy got the shaft stuff like that happens every now and then.

That would obviously not have happened. He was attacked, he drew a weapon, and that scared the attackers off. Then for some incomprehensible reason, he got out and started evaluating the damage to his car. Why? How do you go from fighting for your life to checking for dented fenders? That's insane.

The bottom line is, if you pull a gun, your only defense is that you were in fear for your life. So the rest of your actions had better be consistent with that, or else you're going to draw suspicion - and rightly so.
 
He probably - in hindsight - would have had no problems with the hit and run issue... the other guy was drunk, may not have even reported it, and if he did the guy would have been justified in leaving for safety due to the drunks aggressivness.

Theres a difference between leaving the scene to ensure your own safety and fleeing to avoid the cops or consequenses of the accident.
 
I am in full sympathy with this poor guy. Sure, there are things he could have done better, but he had a lot on his plate. I don't think many people would do everything right under all that stress.
 
This won't stop until there are consequences for the prosecutor, politically if not legally. Immunity needs to find it's limit.

I certainly hope there is a civil suit and that they lose their pants.
 
I don't think many people would do everything right under all that stress.
Right, yet he apparently did. They were warned, and despite the myopia/amnesia/alzheimers of the prosecutor, he did in fact use force as a last resort.
 
These states with retreat laws or where shooting someone in self defense is an affirmative defense is just nuts. You shouldn't have to go to court and defend yourself like a criminal for shooting someone who is intent on harming you.

Thank god I have an understanding employer who is also a lifelong friend of the family so god forbid this ever happened to me I know my job would still be here when I got out.
 
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