Thursday, September 17, 2015

The Castle Doctrine - who does it protect? What if it's not active in your state?

It's The Bee's Knees:
Kelley, who was 63 years old and 286 pounds, began shoving Kimball, a man 111 pounds smaller than he and seven years his senior on that day in 2013. Kelley pushed Kimball 35 or 40 feet down the road. The prosecutor would later argue that there was plenty of room for Kimball to continue his retreat. This appears to be the case. He could have retreated in any direction not blocked by Kelley. Maine does not have a “stand your ground” law. After being pushed 35 or 40 feet down the driveway, away from his family and his vehicle, Kimball drew his Ruger .380 and fired three times. Kelley died in the ambulance in route to the hospital.
So, a younger and bigger man physically intimidates an older and smaller man .. foolishly, as it happens, The victim (for whatever reason) used his personal carry pistol to defend against  his attacker.

Who is right in this situation?  Who is wrong?

The consequences of this story might give you pause.

Or it might make you think about what you will say when you appear before a jury, if you are ever called upon to defend yourself legally ... as well as physically .

"It is better to be tried by twelve, than buried by six."

Really?

1 comment:

Anonymous said...

Do you have the Castle Law confused with Stand Your Ground. In my state the Castle Law has to do with defending your home/property, for instance, not having to retreat in the face of an attempted home invasion, or using deadly force to protect your property.