Self defense ruling in PA
From the Pittsburg Post-Gazette of June 29, 2006
Hazelwood man found not guilty in death
Gwen Dunn said her son Dyar stopped by her workplace hours after he fatally shot a man near the Original Hot Dog Shop in Oakland Oct. 20.
"I looked at my son's face and I knew he was going to say something that was going to change the course of my life," she said. They agreed he would turn himself in to the police, which he did later that day.
His non-jury homicide trial ended yesterday in a "not guilty" verdict, based on the determination that he shot Phenice Buckley, 24, of Hazelwood, in self defense.
Common Pleas Judge John A. Zottola did find the 22-year-old guilty of carrying an unlicensed firearm. Mr. Dunn, also of Hazelwood, remains free on $50,000 bond and will be removed from court monitoring.
The most incriminating evidence detectives had against him at trial was his taped confession, since no forensic evidence that tied him to the crime was presented.
But that confession and a very similar statement Mr. Dunn's friend Juan Moyer made to police shortly after the shooting supported the claim of self-defense: Both men said that the victim shot Mr. Moyer in the elbow during a struggle over his gun and he then turned and aimed at Mr. Dunn, who pulled out a gun and shot Mr. Buckley once in the chest. Mr. Buckley died shortly afterward at UPMC Presbyterian.
The judge said the forensics evidence matched these statements. A University of Pittsburgh groundskeeper found Mr. Dunn's gun in a flower bed where both men said it would be. The DNA on the other gun's grip matched the victim's and had Mr. Moyer's blood on the barrel.
"In my 23 years, this was probably the best self defense case I've ever had," said William H. Difenderfer. "His buddy's shot, the guy turns on him with a weapon in his hand and [Mr. Dunn] shoots."
Ms. Dunn said "her heart goes out to the victim's family.
"Anytime you lose a child that's something that cannot be mended or repaired. I'm happy my son is still here with me.
Benjaminm0110- Story would have been a lot better if this kid had had a CCW. I think the ruling still proves yet another important "point" for carrying for all those people that ask "why" Were not just protecting ourselves, were protecting everyone else around us that wont do it themselves. This site may or may not have already been linked here, but i'll post it anyway. Great assortment of up to date self-defense stories.