Welcome to Aftermath, a portion of our First Line email newsletter where Attorney Anthony L. DeWitt walks you through a real-life self-defense incident and shares his key takeaways.
Domestic Violence Ends With Deadly Force
After months of physical abuse from a violent ex-convict, a 24-year-old Chicago woman ended her relationship with gunfire from her lawfully owned firearm. According to Pioneer Press of Elmwood Park, Illinois, physical abuse in the relationship was common. From July 2019 through December 14, 2019, the police were frequent visitors to the couple’s apartment where the battered woman refused to press charges. Shortly after dinner on December 14, 2019, the abuse started anew. The man slapped and choked her while she was driving. Gas station video showed the assault. Later at the apartment, as violence began anew, the woman stopped the attack by shooting and killing her attacker. The state attorney’s office refused to prosecute based on the burden of proof.
What did the person in this incident do right? What would you have done differently?
Please remember we can only use lethal force when there is imminent, unavoidable danger of death or grave bodily harm. While we realize our self-defense shots may kill, our intent is always to stop the threat.
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Physical abuse in the relationship has been always the worst conflict to be solved. Unfortunately when one party refuses to press charges, it mostly ends with shooting. Even the nicest people have their limits… What did the person do right? In that moment - everything: she did defend herself with available tool. In general - nothing: she should press charges earlier (but I know sometimes life is not just black & white) What would you have done differently? everything: easy rule - have good relationship, live with the people you can trust.
So she saved herself finally. Good. Now she has to live with that, hope that works out. It’s just sad people put up with abuse. & just a point I wish to know. Do you sign a complaint & police press charges or ?
The first time she was hit she should have pressed charges and gotten a restraining order. If he disregarded the restraining order, she needed to call the police and leave. If that isn’t viable, tell him to leave, “I have a gun!” If he avance and she can’t get away, then shooting is the only option she has. In that situation it is either be killed or kill.
I read nothing in your article that would lead me to believe the threat was not immediate. How do you know what happened in the apartment? Your comment about it being a close case does not make sense to me. Please explain
Abuse is something a lot of primary women deal with. Regardless of the reason its wrong. I’m personally glad she put him out of his misery. Prison or standing trial is still better than her losing her life. Period
As they used to say in Texas, " He needed killin’". What is it about the title " ex-convict" that draws some women to these men?? Please ladies, do your homework !!
She Used Whatever She Had To Protect Herself/Stop Her Attacker, I Would Have Tried To Get Away First And If That Failed I Would Have Used Something To Protect Myself But The First Thing I Would Have Done Was To Try And Go Somewhere To Call The Police!
Completely Agree with Anthony DeWitt -
• Do not tolerated violence for any extended period of time.
• Respond decisively and immediately to any direct threat to life.
• Train regularly and in a variety of ways (at home costs nothing but time) with your firearm(s).
• A structured training course delivered by a certified, competent instructor will prepare you for using your firearm appropriately and for knowing when doing so is legal and justified.
She did almost nothing right (planned, thought out). Domestic violence is very complicated and enduring much within a relationship seems common - co-dependency? Having access to a firearm she should have gotten instructor-led training and did her own at home (or someplace safe). She is lucky not to have been charged. I do everything that Mr. DeWitt suggests, with the exception of the regular, dry fire training. Am moved to change my negligent behavior.
There are a lot of people who trusted law enforcement and the courts, pressed charges, got the little piece of paper and are now dead, and you know what? Thanks to the liberal leaders running the country, many of their killers are walking the streets and free to do it again. Admittedly I do not know all the facts, but based on what you have presented to me, he got what he deserved, and he will never do it again.
I carry all the time, I do not know what happened that day BUT MAYBE the dynamics changed and the attack was far faster and more deadly. Maybe he declared “you’re dead now” or something similar. We do not know. Body language says much more than verbal speech.
Could she be open to prosecution? Of course! As is true in the cleanest shooting!
What did she do right? She is alive. I think leaving the relationship would have been a wiser choice but I’m on the outside looking in from a great distance, as we all are.
Like someone else said, we don’t know how escalated things got when she decided to use deadly force. So i think that she did everything right. Now, could she have done more when the violence began early in the relationship? Probably. But abusers have a control over their victims. In the long run, had she not acted, it may have been her dying at the hands of his gun or his own hands.
@Nicole12. Welcome to the community, train hard and stay safe. My daughter was in a situation like that, her husband would hold a gun to her head and be a real jerk. Thank God, she divorced him and got away.
My daughter was in a situation like that, her husband would hold a gun to her head and be a real jerk. Thank God, she divorced him and got away.