Hope you all had a great Christmas and a bleated Happy New Year!
We are involved in a home invasion/homicide investigation that took place shortly after Christmas 2006. I'm going give you the "Cole's Notes" version of the incident, as it is currently still an open and ongoing investigation. Don't feel sorry for the parties involved as they are all a####les who wouldn't think twice about hurting you or your families.
The fact that all parties are known to Police and have extensive criminal histories, has no bearing on the on the types of charges laid or the Crown Prosecutor's enthusiastic lobby for a lenghty prison term.
Two bandits armed with handguns forced their way into the victim's house and shot him twice when he didn't comply with their demands. Unbeknownst to them, his brother was in the basement and surprised them with a kitchen knife. The fight was on, and both bandits panicked at the ferocity of the attack. They fled from the residence and were chased by the brother who continued to slash and stab at one of them. (The brother later told Police that he believed they were going to come back to finish the job.) Eventually one of the bandits collapsed from his injuries and died on the sidewalk. The brother then ran back to the house and called 911 for help. He was completely cooperative and honest when interviewed by the Police, and then was arrested for homicide.
Right or wrong, the argument here is the undisputed fact that bandit was fleeing from the residence while he was being attacked by the brother. Although armed with a loaded handgun, he did not use it, therefore did not pose an immediate threat to the brother's life. The brother also chased them out of his residence, thus eliminating the continued threat against him and the victim (his brother). And once that threat was gone, regardless for how long, they were safe from immediate danger at that very point and time. Therefore, there was no need for self defence or the excessive/lethal use of force that the brother used while chasing the fleeing bandit. He pursued the bandit when he should of stayed in the house.
You don't have to agree with it, but it is the law. And quite often the law is not on our side.
This type of incident is not too far fetched from the typical "self defence" scenarios that are discussed at length on all of these knife forums. Everyone has their favoriate SD knife, and envisons themselves using it when a safe escape is no longer an option. That's nice....the reality of the matter is that you can be trained in a hundred different martial arts, and carry as many swords & knives that will fit on your belt... HOWEVER, will you be able to stand up against that other man and not only do what it takes to survive, but face the consequenses afterwards? That's a question each and every one of us can only answer when faced with that threat.
If you do injure, wound, maim or kill somebody while defending yourself...remember, that you WILL be held accountable for your actions in a court of law. You cannot possibly expect to escape the liabiliy of that incident with all of the modern forensics, witnesses (who are generally not credible in court), video surveillance etc.. There will also be the testimony of the bandit who will lie to evade being arrested and make himself the victim. I've seen it happen and it works.
Past criminal histories of these a####les cannot be introduced into a court because it will give a biast portrayal, regardless if it's validity in the investigation. In order to facilitate a fair trial the courts will not allow any information that will be prejudicial against the accused.
Nobody hates this more than the Police. Remember it's not a Justice System but a Legal System.
It would be much more easier to explain carrying an impact weapon, then a knife. I know this.....but every day when not working I still carry a heavy Spyderco in my right pocket and a fixed Ontario TAK 1 (sorry) concealed on my left hip.
That's my rant. I've have a 22 hour night shift (10 hours overtime) and am tired and pissed off.