Self defense ruling in PA

This is a discussion on Self defense ruling in PA within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Hazelwood, Pennsylvania From the Pittsburg Post-Gazette of June 29, 2006 Hazelwood man found not guilty in death Gwen Dunn said her son Dyar stopped by ...

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Thread: Self defense ruling in PA

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    Member Array Benjaminm0110's Avatar
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    Self defense ruling in PA

    Hazelwood, Pennsylvania

    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.

    http://www.claytoncramer.com/gundefe...g/blogger.html

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    Distinguished Member Array 4my sons's Avatar
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    Sounds like it will work out for the young man, He won't get out of it completley unscaved, but a lot better than he would probably have down here in Va.

    Project Exile is a Fed program, and sets a manditory 5 years for possion of an illegal gun. regardles of what else happens or has happend.

    At least the good guy came out on top.
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

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    Member Array Benjaminm0110's Avatar
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    So is Project Exile a program in other states other than Virginia? I havent heard anything about it here in WA, but Im curious that since its a federal program if its implented in other states...?

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    Distinguished Member Array 4my sons's Avatar
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    Benjamin,

    It looks like something that got started here in conjunction with multiple branches of the Govt. It's advertised mostly on TV and city buses. Violation is automatic 5 years in a Fed Prison. I'll post a link below. I support the program; It got high marks form the NRA back when it was created.


    Here is a link,

    Project Exile
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

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    Member Array Benjaminm0110's Avatar
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    4my son,

    Wow, did a little research and it seems like a highly debated subject, although it has seemed to work well in getting guns out of the hands of criminals. Of course theres always the issue of infringement of rights but it seems to me that exile is careful not to cross the line. It will be interesting to see how it all works out, hard to find current statistics though... Thanks for the info!

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    Member Array JaredMcLaughlin's Avatar
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    Good find.

    I live in Pittsburgh, and frequently find myself in the areas mentioned. I recently started working in a job that brought me in touch with the reality of crime in my city. I didn't hear about this one, but that's likely because I work with juveniles and these men are a little older than that.

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    Member Array LibertyGal's Avatar
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    Quote Originally Posted by 4my son
    Project Exile is a Fed program, and sets a manditory 5 years for possion of an illegal gun. regardles of what else happens or has happend.
    In this case, he apparently did not have an illegal gun. He just would have been carrying it illegally concealed if he had been in VA, right? There is a difference. I don't know if the Project Exile law would make that distinction - but I certainly think it should.

    LibertyGal
    Requiring a license makes it illegal to do something that was lawful before the license was required.

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    Member Array Benjaminm0110's Avatar
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    LibertyGal-

    I would hope that it would, otherwise it would be a five year sentence for carrying concealed instead of open. I definitely dont think the punishment would fit the crime. It's a fine line their walking if it is. I think if someone was sentenced to five years for unlicensed concealed carry...as long as it was'nt an illegal gun, it would have recieved a lot more media attention. You guys should definitely check out that site though. Lots and lots of success stories.

    JaredMc- If you dont mind me asking what did you start doing that exposed you to the crime scene in Pittsburgh? Just curious...

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    Distinguished Member Array 4my sons's Avatar
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    Liberty Girl,

    My understanding is if it is on you with no permit, It's illegal, We don't have to register our guns here. aside from the background check to buy a firearm, you don't have to register it or yourself, or your ammo. Open carry is legal here, but this is aimed squarley at the bad guys carrying concealed.

    Anything regulatory has the potentual to infringe, IMO. It's not the end all of programs, but I think it is at the top of the list of pretty darn good ones.

    That opinion is subject to change without notice.

    Richmond did top the Nations list in Murders back in the early 90's or real late 80's. Of all the things that could have been done, This seems to have been a pretty good solution. Not perfect, You aint going to please everyone.
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

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