It sounds like another defense based on a "no duty to retreat" law. We'll see more of this in the future. All that is needed is for the subject with the gun to claim a fear for their life, whether real or conjured, errr, imagined.
I have absolutely no problem with the "no duty to retreat" aspect of self defense.
The fear has to be justifiable.
In this case, I don't think that was present, and apparently, neither did the jury.
Yet this bone headed judge decided that this clown had some sort of "right" to use deadly force againt what from the booking photo shown, could best be described as a simple or misdemeanor battery at best.
Again, in this case, this moron (moron #1 = Judge/moron #2 = gunman),
moron #2 instigated any ass whipping he might have recieved, by pulling the weapon in the first place
Funches was walking his fox terrier in the Chicago suburb of University Park on May 9 when the dog urinated on Clements' front lawn, Will County prosecutors said. An argument between the two men ensued, during which Clements pulled out a .45-caliber handgun and pointed it at Funches, police say.
.
Just because some idiot (maybe we'll make him moron #3) decides to allow his dog piss in your yard, is no reason to brandish a weapon of any sort.
If I did this to every neighbor that allowed thier dog to relieve themselves in my yard, I'd not have any neighbors:rofl1:
So here's what I don't understand:
Witnesses later told police
Funches became agitated and said, "Next time you pull out a pistol, why don't you use it?"
Nowehere in this statement does it mention the alleged ass whipping.
...Clements responded by firing a single shot that struck Funches in the abdomen, Assistant State's Attorney Sondra Denmark said
Based upon that alone, there's more than sufficient information to alledge manslaughter.
In Florida, that would get you 20-life.
Clements' attorney, Daniel Collins, claimed the shooting was in self-defense and occurred after Funches repeatedly struck Clements in the face.
"He feared for his safety," Collins told the Tribune in June. "He also felt that his life was in danger."
During today's sentencing hearing, Rozak said Clements had no prior run-ins with the law and said the case was not about his lawn, but "about your reaction ... to being yelled at, pushed and punched in the face by a 23-year-old man,"
1st, does the mug shot look to anyone like someone who has been "punched" or "repeatedly struck" in the face?
Bruising, swelling, deformation?
Not to me...
Even if her were "pushed or punched", from the sounds of it, this occurred after he pulled the weapon.
If not, then the pushing and punching would have been the result of a
JUSTIFIABLE fear for someones safety on behalf of the deceased, in response to moron #2 pulling a firearm!
IDK? Maybe the judge slept through that part of the trial?
Had he pulled that weapon on the wrong (or right depending on your viewpoint) person, and as in this case, not immediately used it, he may be deceased himself.
Or at least sporting one less finger
:thumbsup:
It's relatively simple and easy to "deglove" a finger with a trigger guard
:yesnod:
I also realizre that 'Bama land" has the "option" for probation; but does anyone other than this moronic judge, really see a justification for it in this case?
Had the guy with the dog, immediately gone off the hook, started beating the old dude and left him no other choice (given the disparity in age), and he caps puppy boy, then fine...go with probation.:thumbsup:
But that doesn't sound like the case.
I wonder if the case is open to the public yet?
Sounds like an interesting study.
As for the shooter (moron #2), he sounds to me like some "ex"
(I won't insult God Fearing, respectable, "former" Marines by including this idiot in the group) with an attitude.
One who let's his alligator mouth overload his hummingbird ass!
Someone who can't handle confrontation for crap!:thumbsdown:
Let's his mouth overide his commen sense and ability.
Anyway, back to the judge....how do the rest of you feel about the rulling?
Especially those that are CCWholders on the board.
Sound off!