This guy says the threat was not immediate, but according to the article the violence began Anew in her apartment and she used the gun to stop the attack. So which is it? Was it immediate or not? Is this guy one of the uscca attorneys? I’m a new member, and I’m a little bit concerned about how I will be defended in court if I was forced to use my firearm to stop an attack like that. Sounds like the threat was immediate and she probably was in fear of her life. Which is why the charges were dropped.
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She was battered for 5 months already. If she defended herself using the firearm… that was probably the only option that moment.
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As someone who has lived for years with a violent husband- its not easy to get away, they play mind games so subtle they can FOOL ANY OF YOU! Including egotistical judges! When your abuser realizes you want to get away its more dangerous. Ignorant people like that judge should keep his mouth shut. She may have been WAITING for the moment to get away. The judge insinuated she didn’t mind his earlier abuse?? WHAT THE HECK? Noooo she had enough! 911 is no picnic either! You never know if they show up or not- is the COP seasoned in this? Callous? Its a gamble. Apartment mentioned- well she can get kicked out for loud arguments & neighbor complaints abusers love to put you in a helpless position. Idk the details sooo but there’s NEVER any excuse to blame the victim
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Karen9 Your comment is the most insightful here. Yes she should have got away, but the moment she tries to she is in danger. Battered wife syndrome is better understood than this lawyer understands. I was on a grand jury that was presented a case like this. The vote wasn’t even close. Glad you are safe now.
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I’m disappointed that this lawyer has little understanding of the psychology of abuse and hope he is not the one to reply to a USCCA female client call for legal help. The attorney is confusing the act of self defense when a gun is put to one’s head and self defense in the situation described where the act of trying to get away from an abusers triggers the violent actions that will cause her harm.
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IMO-Good for the lady that stopped this. This dude she was with sounded crazy, who would slap and choke the driver while they are driving? The mayor of the town she lives in should give her the key to the city.
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As a former ems /first responder I have seen many DV calls , crazy thing if it involves a minor we were required to report it if of age not required most times it ends up treat and release . We tell the pt. That there is help out there all that have to do is ASK . many times if the abuse is sever we will call LE most of the time the person refuses to do anything As for a restraining order IMO they are a joke, I know my granddaughter had one on a former boyfriend,and it was not worth the paper it’s printed on
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For you to rush to a judgement not in her favor (“she is lucky she is not on trial for murder”) is outrageous. Fortunately, the prosecutor had more insight than you and refused to charge her. What she is is “lucky to be alive” Getting a restraining order for a mauler like him is a joke, and largely useless in my opinion. These attacks usually always build up over time, getting worse each time until the victim is killed with physical (dominating) force. When he choked and slapped her as she was driving (and recorded on camera) is more than enough evidence to justify shooting him. ) This psycho clearly dominated her every action hence she did not file charges, knowing in her mind that if she did, he would kill her …quickly. She took about the only way out that made her risks minimal and escape his domination. I cant even imagine what she went thru or what he did to her sexually…grim!
PS it sounds as though you are taking this position in an effort to sell more USCCA plans…don’t do that, it degrades the offering … and likely turns off a lot of people, including me !
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David596
I too had a bit of a frown upon reading DeWitt’s response to this woman’s plight. Almost like she had it coming and because she defended herself now it’s a toss up as to whether or not she goes to jail. Fortunately no charges were filed against her.
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Not having the full story makes this difficult. She used deadly force to stop a attacker whom, I will assume, is much larger and stronger than her. Deadly force should only be used when there is no other option, no way of escaping the threat. Was she backed into a corner? Fists do make for powerful weapons, which can kill a person.
She should have pressed for charges from the beginning and obtained a restraining order, though a piece of paper rarely stops someone from getting to the person whom filed it. But, a restraining order does give the victim more leverage in a court of law if they survive the attack.
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I have had a concealed weapons permit for 30 years. In California, 2 days of instruction of the law and use of the firearm is required every 2 years. This is my observation. Ones implied consent to “ touch” another is deemed withdrawn in a hostile environment when “battery” occurs. This woman was trained, by whom I have no idea. She purchased a firearm. She knew how to load the firearm. She knew how to point and fire the firearm. The article stated violence continued in their apartment. Note the word “violence”. Imminent danger is basically defined as when one fears for their life. Being choked is “ imminent danger”. Obviously the legal system with various calls to the police did nothing to “stop” the aggressive battering and assaulting of the Male. Women that call the police to report being battered are later assaulted either verbally or physically for calling 911 by the male. An earlier comment was “that she was lucky”. I was taught in sports that Luck is where preparation meets opportunity. She was prepared for the opportunity to save her life. Choking anyone is a habitual trait. The article does not share if the woman had bruises on her, nose broke, ribs broken, throat abrasions etc. This being said, she wasn’t booked, because there had to be evidence that “ in fact” she was in “ imminent” danger for her life. But, this time “ equality” was offset not by dialing 911, but by her right to bear arms against the one doing the assault to the point of her fearing for her life. Liberal lawyers and liberal judges get it to court. In her case I would say it is better for her to be judged by 12 as opposed to being buried by 6.
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Nope, we are discussing what can - and in a lot of cases - does happen in a domestic abuse situation. Who is believed after a situation like this? What are the possible legal ramifications?
We share these types of what-if scenarios because we know that even if you do everything right you may have to go to through extended legal aftermath. We all train for the possibility of physical self-defense, but the legal self-defense is just as important and can be just as life changing.
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well…interestingly, the vast majority, in fact nearly all of the comments that people left were on the same track as mine and thought the " dire warnin"; was out of bounds, given our experiences and the fact set you provided…
Frank