Post By beni
July 17th, 2011 11:01 AM
Chicago man acquitted in fatal shooting.
Judge rules shooting self-defense.
Few people realize that you may waive your right to jury trial, and in many cases, it's the right call. I can't remember the last time I heard of someone who wasn't a police officer doing so.
According to testimony in the bench trial
, Fullilove had been celebrating the Super Bowl victory by the New Orleans Saints and was extremely intoxicated when he approached Mayfield and his two daughters -- 15 and 11 -- and their young friend as they waited for a bus at 6114 S. King Dr.
When Fullilove offered to sell drugs to those at the bus stop, Mayfield told him, “We’re just trying to get home -– we’re not with that,” according to testimony. After Fullilove became aggressive, Mayfield showed him the gun and said, “I’ll use it.”
Fullilove walked away but came back moments later and was captured on a city surveillance camera swinging his fists at Mayfield and chasing him. At one point, the eldest daughter got in between the men and said, “Leave my daddy alone.” Mayfield then pulled out the gun and fired once from about three feet away, according to testimony.
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July 17th, 2011 11:23 AM
I'm glad to here that he's not being charged with weapons violations and that he was aqquitted, but not that he had to spend 5 months in jail before hand.
The prosecutor should be held responsible for compensation.
Just my humble opinion.
July 17th, 2011 11:35 AM
Justified shooting according to the facts, in my book. Too bad he had to wait in jail for 5 months.
At least the drunk dirtbag selling drugs and attacking strangers is now permanently out of business.
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July 17th, 2011 12:59 PM
Sounds like the judge is getting a jump on the legislature in IL. Glad the guy is OK and found not guilty via self defense. Not sure how this comports with IL law, however. Maybe the judge read the Ezell ruling and decided the state's position on guns is unconstitutional and ruled accordingly.
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July 17th, 2011 02:08 PM
Good news all around.
Illinois government, wake up!
"Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)
July 18th, 2011 09:21 AM
I'm actually amazed he's not facing weapons charges with the trial in Cook County. I'm glad he's not but this is Chicago, the anti-gun of the state.
They're still working on the requirements just to own a handgun in the city; carrying one, concealed, is still a major, major no-no.
Last I remember reading the Chicago version of Castle Doctrine doesn't even extend to your garage or front porch, I can't imagine it applying to a bus stop.
An appropriate decision by the judge as defending your person is supposed to be a basic tennant of natural law. Some nice juris precedence on this one should it happen again. Hopefully the laws follow to habitually enable men and women like Elliot Mayfield in the future. I wish the article said if he got the gun back (I doubt it, but with no weapons charges maybe?).
July 18th, 2011 11:06 AM
Based on what's reported here I think that would be a bad shoot in most parts of the country. Defendant brandished illegally carried firearm, then shoots lone attacker in a less than lethal situation (as determined through numerous court decisions throughout the years, a fist fight is not a lethal encounter unless extenuating circumstances exist).
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July 18th, 2011 11:53 AM
"the eldest daughter got in between the men and said, “Leave my daddy alone.”
Originally Posted by paramedic70002
He is with his 11 & 15 year old daughters and one gets between the drunken violent drug dealer and him. I would think that qualifies as "extenuating circumstances."
When is deadly force authorized? To prevent death or great bodily harm? You don't think he had an articulatable fear for his daughter's imminent death or great bodily harm?
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July 18th, 2011 01:08 PM
I remember hearing of other cases in chicago where people were defending themselves with handguns and the police deciding not to charge them. And this was before the Supreme Court ruled that the handgun ban is unconstitutional.
July 19th, 2011 05:58 PM
Well said. Same with a few other responders in that this ruling shows that the winds of change are blowing in Illinois. Ever since SCOTUS slapped DC and then Chicago their have been several defensive shootings with no criminal charges filed. This shooting was before the McDonald ruling which explains why he sat in jail for so long. That and not being able to afford decent legal defense.
Originally Posted by ksholder
But then again, during the years of Chicago's handgun ban very few people were ever prosecuted for it because they were almost always without a valid FOID which carries a more severe punishment than the local handgun ordinance.
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