The Right of Self Defense
We all hear of it. We all assume we have the right to defend ourselves against
aggressors. But do we really? As more and more laws are added to our books, our rights are slowly being eroded. The
following true story is an example of how liberal laws and aggressive prosecutors can make a criminal out of "ANYONE"
who is forced to defend themselves against an attacker.
I recently stopped in a restraunt / tavern to get a bite
to eat and shoot a couple of games of pool. I sat next to an elderly, Hispanic, Vietnam Vet. We were having a good conversation,
when a Saudi Arabian man called the Vet a "wetback". The Saidi man then came around the bar and tried to start a
fight with the Hispanic man. I stepped in to help diffuse the situation and the retired vet, decided it was time for him to
go. Then the Saudi man started calling me names, and threatening to "kick my ass". I also chose to leave. While
walking out, the owner of the establishment, asked me where I was going. I told him the man at the bar was looking for trouble,
and that I was leaving because of that. The owner asked me to come back later, and said if the Saudi man kept being
beligerrant, they would make him leave.
About an hour later I stopped back by, did not see the Saudi man, and
so I sat at the bar. The Saudi man soon came out of the restroom and started insulting and threatening me again.
He called me outside so he could "whip my ass".
I walked over to the man and told him I had had enough,
and that if he were going to whip my ass, to do it in front of everyone. He looked at me and laughed. I then told him I was
leaving and not to follow me outside. I walked out and he followed me out. Within seconds he was in my face and put his hand
up in my face, as if he were going to slap me. I hit him one time and he fell to the pavement. I immediately went back
in to restraunt and said that someone needed to go help the man.
The owner called the EMS because he hit
his head on the concrete. I found out later that the man was in the hospital for a week. I was initially charged with disorderly
conduct and simple assault, but the charge was upgraded after his hospital stay. The District attorney wanted to make me plead
guilty to misdimeanor IV assault, do 30 days in jail, plus pay all $38 thousand of the man's hospital bills. And
I would been probation until the entire 38k was paid in full.
I chose to plead "NOT GUILTY", because
I was not the aggressor and was simply defending myself. Now they have upped the charge to a Class 2 felony. I chose
to take a trial by jury, and hopefully the jury will see what is the right thing to do. If I win I walk. If I lose, mandatory
sentencing guidelines permit for 70 months in prison.
I have never committed any type of violent offense in my
life. It's not in my character, but neither is curling up in a ball and taking a beating, when threatened by someone. The
Saudi Arabian man that threatened me had been arrested just 3 weeks prior to our altercation, on a menacing charge. He
has also been permanantly banned form at least 5 bars that I know of. My attorney has statements from these witnesses
and business owners.
All of the witnesses, including the restraunt owner, agree with me. Not one person
thought I was in the wrong, NOT ONE! But since I threw the first punch, the District attorney, thinks I deserve to be
charged with a serious crime. What do you think? Your opinion is greatly appreciated.
By the way, This is
the same district attorney that you may have seen in the news regarding the young Oregon boys being charged with felony sexual
assault, for spanking girl's bottoms at school. Hopefully, a jury will exonerate me of these charges. I always thought
that in America,when someone threatens you with physical violence, gets in your face, pushes and pokes you, that you have
the right to use reasonable force to defend yourself. To me, one punch is reasonable force, especially to a man that has a
criminal history of provoking people. And also has been kicked out of numerous places.
The parking lot video camera,
clearly shows the man follow me out, get in my face, put his right hand in my face as if he were going to slap or hit me.
Then with my left hand, I blocked his hand and hit him in self defense.
UPDATE:::: On August 18, 2007
the district attorney dismissed all charges against me in this case. The reason was stated (as after reviewing the video provided
by the defense, it appears that the defendant acted in self defense). Why did I have to spend nearly $5 thousand dollars on
attorney fees and go through all of this stress? The D/A had the video but never bothered to look at it, despite making me
a plea offer which included jail time and significant restitution. It seems that one must prove themselves innocent these
days. Whatever happened to innocent until proven guilty?
Please e mail us with your comments on the issue of self
defense and whether you think I am right or wrong.
Nortonkicker@aol.com
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