Jeff White
New member
M1911,
If Ayoob consulted on it, there must have been some kind of extenuating circumstances, but on it's face value, I can see where shooting through a door might be questionable in the eyes of a prosecutor. As with every situation it's good to get all of the facts. I'd be interested to hear about the case.
I went to an Illinois Criminal Law Update for police officers a while back and this very subject was brought up. Kevin Burke (who is a law professor at Southern Illinois University and former Secret Service Agent and Assistant States Attorney in one of the collar counties around Chicago, I don't remember which just now) stated that if the act of self defense was legal, the tool that was used was immaterial. This same standard probably won't hold true in the inevitable civil suit, but in the eyes of the law, at least in Illinois it doesn't make any difference if you defended yourself with a classic Parker shotgun or a Tec 9. Probably if there hadn't been a question about the shooting to start with, the prosecutor wouldn't have attempted to make an issue out of the weapon used. In my experience prosectuors don't take cases to court they don't think they can win. I guess the solution is not to involve yourself in a defensive shooting that "looks" bad. Then the prosecutor won't look for ways to demonize you to the jury as he sees his case slipping away. Like I said I'd love to know the details of the entire case. And also if the jury aquitted the defendant or let the prosecutor make an issue of the weapon used.
Jeff
If Ayoob consulted on it, there must have been some kind of extenuating circumstances, but on it's face value, I can see where shooting through a door might be questionable in the eyes of a prosecutor. As with every situation it's good to get all of the facts. I'd be interested to hear about the case.
I went to an Illinois Criminal Law Update for police officers a while back and this very subject was brought up. Kevin Burke (who is a law professor at Southern Illinois University and former Secret Service Agent and Assistant States Attorney in one of the collar counties around Chicago, I don't remember which just now) stated that if the act of self defense was legal, the tool that was used was immaterial. This same standard probably won't hold true in the inevitable civil suit, but in the eyes of the law, at least in Illinois it doesn't make any difference if you defended yourself with a classic Parker shotgun or a Tec 9. Probably if there hadn't been a question about the shooting to start with, the prosecutor wouldn't have attempted to make an issue out of the weapon used. In my experience prosectuors don't take cases to court they don't think they can win. I guess the solution is not to involve yourself in a defensive shooting that "looks" bad. Then the prosecutor won't look for ways to demonize you to the jury as he sees his case slipping away. Like I said I'd love to know the details of the entire case. And also if the jury aquitted the defendant or let the prosecutor make an issue of the weapon used.
Jeff