Good : Murder Charges Dropped In Defensive Shooting

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Thread: Good : Murder Charges Dropped In Defensive Shooting

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    VIP Member Array JoJoGunn's Avatar
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    Thumbs up Good : Murder Charges Dropped In Defensive Shooting

    This has been going on since 2008. The woman shot and killed her daughter's violent boyfriend because the police were unable to respond. The boy was the nephew of some prominent person here locally and they thought the woman who shot him would be found guilty of murder. Never ever got to trial and one scumbag has been splashed forever. We now know that we can fully defend ourselves and others with deadly force.

    Judge dismisses murder case

    BILL ROSENBERGER

    The Herald-Dispatch

    HUNTINGTON, WV -- An indictment charging a Huntington woman with murdering her daughter's abusive boyfriend was dismissed Friday after a judge ruled that Cabell County's prosecutor gave a grand jury an inappropriate definition of self defense.

    The prosecutor, Chris Chiles, said Friday evening that he hadn't seen the order granting the motion to dismiss the case against Teresa Lynn Baker, who shot and killed Jeffrey Sadler, 25, at 156 Cedar Street on Feb. 4, 2008. She shot Sadler more than an hour after she had called 911 to report a physical domestic dispute between her daughter and Sadler. She was told officers were on their way.

    According to 911 recordings, Baker was told during a second call that there were no units available to respond. The third 911 call about the incident came from a neighbor who heard gunshots and screaming coming from the Cedar Street residence. The fourth call was from Baker, who frantically said, "I just killed him ... I just shot Jeff Sadler."

    Chiles has the option of presenting the case again to a grand jury, and he said Friday he will.

    Chiles had sought a first-degree murder charge against Baker, who has cited self-defense against the man who abused her daughter in front of her grandchildren the night of the incident.

    According to the court documents released Friday, signed by Circuit Court Judge Dan O'Hanlon, Chiles was shown to have the authorization from Judge Alfred Ferguson to instruct the grand jury on the law involved. But he did not cite the most recent case and opinion written by the West Virginia Supreme Court of Appeals in 2009.

    "When Mr. Chiles 'out of an abundance of caution' instructed the grand jury on self-defense, or defense of another, this Court finds that he failed to present the newer approach to this defense expounded by the Supreme Court of Appeals in State V. Harden," the document stated.

    It goes on to say that the definition presented by Chiles is not in the West Virginia Code or in the grand jury handbook on elements of crime. "This Court ... finds that this newer approach to the defense of self allowing for the consideration of a history of abuse and/or threats should have been the approach presented to the grand jury."

    Baker's attorney, Charlie Hatcher, who also has been a prosecutor in his 36-year career, said Chiles should have known better because the Tanya Harden case was tried by his office.

    Harden had been sentenced to life in prison with mercy for fatally shooting her husband inside their Culloden home in September 2004, following a night of fighting, threats and abuse.

    Last June, the Supreme Court of Appeals reversed the conviction and gave Harden an outright acquittal, thus changing the precedent for self-defense cases.

    The new opinion removed the victim's duty to retreat a jointly-owned residence, and states prior violence is relevant in determining the person's state of mind when deciding to use deadly force. Prior case law required a belief that danger was imminent at the time deadly force was used.

    "O'Hanlon told (Chiles) directly to consider that case in his next presentation (to the grand jury after the first case was dismissed)," Hatcher said.

    In Chiles' written response to Hatcher's request for a dismissal of the charge against Baker, he stated grand jurors received ample evidence favorable to Baker's defense. That included past domestic violence petitions and prior violence, along with evidence from that night alleging the deceased had a knife and threatened "he was going to gut" Baker's daughter. The grand jury also received "what little evidence" prosecutors had in describing Baker's state of mind at the time of the killing.

    Chiles stated State V. Harden is much different because it involved a wife who killed her abusive husband.

    Because O'Hanlon's decision was to dismiss the case without prejudice, Chiles can re-present the matter to a grand jury.

    Chiles also said the state is ready to try to the case on the previously-set trial date of Aug. 9, if the grand jury returns an indictment.

    Hatcher said when contacted Friday he is sure Chiles will take it back to the grand jury. But he said he wants Chiles to present it right this time.

    "The first time it was dismissed, (Chiles) was giving testimony," Hatcher said. "The second time, he wasn't giving proper law. In this case, in two separate incidents, her guaranteed Constitutional rights were violated by the prosecutor.

    "Do I win? Heck, no," Hatcher continued. "I could indict my 91-year-old mother at a grand jury. Did I really win? No. He'll indict her. Hopefully, it will be fair."
    Judge dismisses murder case - The Herald Dispatch
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    Distinguished Member Array morintp's Avatar
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    Quote Originally Posted by JoJoGunn View Post
    The prosecutor, Chris Chiles, said Friday evening that he hadn't seen the order granting the motion to dismiss the case against Teresa Lynn Baker, who shot and killed Jeffrey Sadler, 25, at 156 Cedar Street on Feb. 4, 2008. She shot Sadler more than an hour after she had called 911 to report a physical domestic dispute between her daughter and Sadler. She was told officers were on their way.

    According to 911 recordings, Baker was told during a second call that there were no units available to respond. The third 911 call about the incident came from a neighbor who heard gunshots and screaming coming from the Cedar Street residence. The fourth call was from Baker, who frantically said, "I just killed him ... I just shot Jeff Sadler."
    Unbelievable that they even thought of charging this woman. I'll bet they found some available units to respond after that 4th call, and I'll bet it didn't take another hour to get there.
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    VIP Member Array ccw9mm's Avatar
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    Thumbs up

    Quote Originally Posted by morintp View Post
    Unbelievable that they even thought of charging this woman.

    Absolutely. It's just about as incredible as California's sheriff's generally not accepting "to defend life" as a justifiable cause for issuing a CHL to a citizen. It's hard to think of anything that could be more justifiable.

    Violence enough for 911 assistance. Gets blown off and told nobody's coming. Damned right she's justified to stop the violence by force.
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    Quote Originally Posted by JoJoGunn View Post
    This has been going on since 2008. The woman shot and killed her daughter's violent boyfriend because the police were unable to respond. The boy was the nephew of some prominent person here locally and they thought the woman who shot him would be found guilty of murder. Never ever got to trial and one scumbag has been splashed forever. We now know that we can fully defend ourselves and others with deadly force.

    I don't know where you get that last statement... It ain't over with yet. Prosecutor plans on refiling and having a new Grand Jury which the woman's attorney believes she'll be indicted again.

    Judge dismisses murder case

    BILL ROSENBERGER

    The Herald-Dispatch

    HUNTINGTON, WV -- An indictment charging a Huntington woman with murdering her daughter's abusive boyfriend was dismissed Friday after a judge ruled that Cabell County's prosecutor gave a grand jury an inappropriate definition of self defense.

    ...Chiles has the option of presenting the case again to a grand jury, and he said Friday he will.


    ...Hatcher said when contacted Friday he is sure Chiles will take it back to the grand jury. But he said he wants Chiles to present it right this time.

    "The first time it was dismissed, (Chiles) was giving testimony," Hatcher said. "The second time, he wasn't giving proper law. In this case, in two separate incidents, her guaranteed Constitutional rights were violated by the prosecutor.

    "Do I win? Heck, no," Hatcher continued. "I could indict my 91-year-old mother at a grand jury. Did I really win? No. He'll indict her. Hopefully, it will be fair."
    Now it does appear on it's surface to be a clear cut case of at least defense of another, if not self defense. However, it sounds like the prosecutor has got hold of a bone and doesn't want to let go.

    At the very least she's just lost everything she ever owned and at worst, she still could end up in prison.

    I believe Ayoob was the one who said, "When you shoot someone, there are no winners... Just first losers!"
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    VIP Member Array ctsketch's Avatar
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    ***....why did the cops not respond after so many calls?
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    VIP Member Array JoJoGunn's Avatar
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    Quote Originally Posted by Bark'n View Post
    I don't know where you get that last statement... It ain't over with yet. Prosecutor plans on refiling and having a new Grand Jury which the woman's attorney believes she'll be indicted again.



    Now it does appear on it's surface to be a clear cut case of at least defense of another, if not self defense. However, it sounds like the prosecutor has got hold of a bone and doesn't want to let go.

    At the very least she's just lost everything she ever owned and at worst, she still could end up in prison.

    I believe Ayoob was the one who said, "When you shoot someone, there are no winners... Just first losers!"
    Yep. I may have spoke too soon. I must have missed that last line somehow.
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    Senior Member Array CCWFlaRuger's Avatar
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    There is more than meets the eye here, they prosecutor would'nt be chasing this so hard if they didn't think they could win.

    Unless they are that gunfearing, but that seems unlikely, being that this is out of VA.
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    Senior Member Array DaveJay's Avatar
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    It's West Virginia...and a line in the opening post is most likely why the prosecutor has decided to keep hounding this poor woman...

    Quote Originally Posted by JoJoGunn View Post
    This has been going on since 2008. The woman shot and killed her daughter's violent boyfriend because the police were unable to respond. The boy was the nephew of some prominent person here locally and they thought the woman who shot him would be found guilty of murder.]
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    The first time it was dismissed, (Chiles) was giving testimony," Hatcher said. "The second time, he wasn't giving proper law. In this case, in two separate incidents, her guaranteed Constitutional rights were violated by the prosecutor.

    Yep, the lady had the gall to kill a scumbag who was politically connected. The idiot prosecutor needs to let this one go.

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    VIP Member Array ctsketch's Avatar
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    If this scumbag was so important why did the cops not even come after 3 calls?
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    Senior Member Array DaveJay's Avatar
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    Quote Originally Posted by ctsketch View Post
    If this scumbag was so important why did the cops not even come after 3 calls?
    Obviously the woman and her daughter we not important enough to defend...




    I'm not smacking on the WV LEOs here...they most likely did not know who the attacker was...
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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by DaveJay View Post
    Obviously the woman and her daughter we not important enough to defend...

    You know, this sort of legal attack against those who dare defend against scumbags is done so often, it's almost as though it's punishment for having taken the law "into their own hands." Not only does one need to defend against the violent criminals, but then one subsequently needs to defend against the legal idiots who come after them for the effort of having done so. Yeah.

    And this attack is against mindless, misguided DA's who don't get the point of self-defense. No offense to the hundreds of thousands of reputable, honorable legal types out there who buck the trend. Good on ya.
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    Senior Member Array Bubbiesdad's Avatar
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    Quote Originally Posted by ctsketch View Post
    ***....why did the cops not respond after so many calls?
    The Supreme Court has ruled that the police have no obligation to protect individual citizens.


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    If this scumbag was so important why did the cops not even come after 3 calls?

    The cops did not want to be "involved" in an altercation with the son of a politically connected anointed one.

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    Senior Member Array Curt58's Avatar
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    Once the Grand Jury No Bills, her she should have the right to sue the Prosecutors Office for wrongful prosecution based on the fact he has drawn her case out over two years and taken all her financiial resourses to defend herself on this erroneous witch hunt.
    Maybe if the Prosecutor were to have to cough up her expenses he might rethink his Political Aspirations with his Power Buddy.

    Sounds like justifiable homicide to ME!

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