I love my shotguns!
This is a discussion on BG takes 12ga. to the head within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; The hard way... No charges filed in shooting case By RYAN DIONNE email@example.com CEDAR CITY - Iron County Attorney Scott Garrett decided Tuesday to not ...
The hard way...Here's the link: http://www.thespectrum.com/apps/pbcs...WS01/609130310No charges filed in shooting case
By RYAN DIONNE
CEDAR CITY - Iron County Attorney Scott Garrett decided Tuesday to not file charges in a July 25 shooting that occurred in a Wal-Mart parking lot leaving a 26-year-old Cedar City man dead.
After reviewing the case, Garrett determined the force used in the incident was justifiable, and that Carl Coltellino acted in self-defense.
"We just looked at the facts in the case and what the law requires," he said.
The decision comes seven weeks after Steven Stubbs was shot in the head with a shotgun outside the Coltellino's motor home.
The Coltellino family - Carl, Tracy and their two young girls - was traveling through Cedar City on vacation from Florida and decided to spend the night in the Wal-Mart parking lot.
"It's a tragic case," Garrett said. "I feel bad for all the people involved."
Stubbs allegedly knocked on the door of the motor home, and, after entering it, wouldn't leave.
"He wanted to go south," said the Florida mom, Tracy Coltellino, at the time of the incident.
But the Coltellinos tried to make Stubbs leave by shouting and shoving him, she said.
And, after the 26-year-old Cedar City resident wouldn't leave, Carl pulled out a 12-gauge shotgun, which Stubbs allegedly tried to take from the Florida man.
"The fact that he tried to take the gun from him in his home is a pretty key factor," Garrett said.
The report that Stubbs allegedly entered the motor home without permission was another important factor in determining justifiable force.
"There was really nothing that suggested otherwise," Garrett said. "He had two daughters, and he was trying to protect him and his family as well."
Despite the positive outcome for the Florida family, the Coltellino's attorney, William Leigh, refused to comment on the incident.
"We just won't comment to the press about matters," he said. "We've had some problems in the past, so we don't comment on our clients."
Unsuccessful attempts were made to contact the Florida family, and Stubbs' family refused to comment.
However, Ed Mullins, a friend of Carl Coltellino's, said he was surprised the event occurred.
"He's always been a guy of pretty high character, a family guy," said Mullins, the president of the New York City Police Department's Sergeants Benevolent Association.
Carl Coltellino, a former New York City police sergeant, worked in the Big Apple for more than 20 years before he and his family moved to Florida, Mullins said.
Being a police officer, Coltellino was likely to know what amount of force to use when trying to make Stubbs leave the motor home.
"I gotta believe that this was kinda a last resort for him," Mullins said. "Who would want to do that in front of their family?"
While Garrett said the Iron County Attorney's Office is no longer involved with the case, it's possible for Stubbs' family to file a civil lawsuit against the Coltellinos.
I bet I know what the last thing that went through that dude's mind was.
Last edited by lowflyer; September 14th, 2006 at 01:12 AM.
Whatever doesn't kill you postpones the inevitable.
I love my shotguns!
Sounds like natural selection in action to me! But seriously I applaud the guy. He took his family's safety into his own hands and used deadly force only as a LAST option. He played it right until the very end.
Gun control is hitting what you aim at...
Wow, someone actually blew a guy's head off with a 12 gauge. I wonder what type of ammo he used. Well the BG had what was coming to him.
Yes, yes he is."He's always been a guy of pretty high character, a family guy," said Mullins, the president of the New York City Police Department's Sergeants Benevolent Association.
This right here is what pisses me off though!While Garrett said the Iron County Attorney's Office is no longer involved with the case, it's possible for Stubbs' family to file a civil lawsuit against the Coltellinos.
Train and train hard, you might not get a second chance to make a first impression!
I vote for Monica Lewinsky's Ex-Boyfriend's Wife for President.....Not!
I also do not like the fact that in the USA anyone can sue everyone for anything. "I'm gonna sue" is the call of this society, and there is a lawyer out there that will take the case; merited or not.
When you accept mediocrity you sow the seeds for future failure.
One should never confuse good fortune with good training.
Illegitimus Non Carborundum. In God we trust.
Perhaps a counter-suit is in order for mental anguish and clean up costs for the RV....
"Ray Nagin is a colossal disappointment" - NRA/ILA Executive Director Chris W. Cox.
"...be water, my friend."
The wife and I have a "slide in" type truck camper and often spend nights at Wal-Marts. Our camper has the long sleeper so we sleep feet to the rear door; I keep a Rem 1100, pistol grip stock, slug barrel, and 8 shot mag extention loaded with #000 next to the matteres, muzzle to the door at all times we are in bed. There is also a removabel pannel held in place with velcro in the center part of the camper where I keep my Para-Ord P-14.
Without the benefit of research at this time, I'm thinking that one of the major benefits of the new "stand your ground"/"make my day" legislation (that I think is being tested in Fl...among about a dozen other states) is that after deadly force has been shown to be justified, the armed citizen is then immune from civil litigation.
But, as has been the case many times in the past...I could be totally off the mark.
Proverbs 27:12 says: “The prudent see danger and take refuge, but the simple keep going and suffer for it.”
Certified Glock Armorer
NRA Life Member
I am glad everyone is ok, but why did they let him in. Secondly, I know none of us were there, but what if they let the guy in fed him and had a nice conversation and he was just stubborn and said he was not leaving. In that case pull the shot gun and wait on police. Now, if he became aggressive and physical yes. I don't know seems like some or part of story missing. Way it reads sounds like hedid not want leave and the immediately skipped a few steps and blew hishead off.
Listen, Think and React.....Nuff Said.....
I'm not entirely familiar with FL laws, but wouldn't the protection against civil litigation only work if he was actually charged and found justified in a trial rather than the DA just not prosecuting? Some jurisdictions have the specific wording that says that they must be found justified in a trial and then they get the protection. Arizona (thank God) isn't one of those states:Cheers.Originally Posted by Arizona Revised Statutes
Yeah, I'm under the impression that a lawsuit against someone who has used deadly force justifiably would not be allowed to go forward.
We'll have to wait and see what exceptions come down the pike. There always seems to be something.