Defense of others upheld but bad cc.....

[dben002]

THOMASVILLE, N.C. — Thomasville police say a man fatally shot his daughter’s boyfriend while he was assaulting her, but the shooting was ruled to be an act of defense.

The shooting was reported shortly after 10:30 p.m. Saturday, Jan. 19 at 211 Pine St.

Police say David Rayvon Braswell, 38, was found dead at the address.

According to police, an investigation revealed Braswell was physically assaulting his girlfriend when 56-year-old Clifton Gregory Dennis — the girlfriend’s father — shot Braswell with a .22 rifle.

Detectives and the District Attorney’s Office determined Dennis’ actions were “justified as self-defense or the defense of others,” police said.

No charges are being filed in Braswell’s death, however Dennis was charged with possession of a firearm by a convicted felon.

Police say Dennis was placed in the Davidson County Jail under a $50,000 secured bond in connection with the charge.

According to the N.C. Department of Public Safety website, Dennis’ felony status dates back to 1987 when he was charged with hiring with intent to defraud and receiving stolen goods.

In 2004, Dennis was also charged with possession of a firearm by a felon, felony possession of schedule II substances and felony possession of schedule VI substances.

[DefensiveCarry.com]

[OldVet]

Too bad. Some folks never seem to be able to clean up their acts. Glad he was there to help though.

[Eagleks]

We have a weird catch in our law now... good.... but weird. It's against to carry "if" you are under-the-influence of alcohol or drugs, and / or over the legal limit....... BUT ........ if you pick up a gun and use it in self-defense and / or of another, and then put the gun back down (don't maintain possession) , you are legal and cannot be charged. The question has come up .... what about a felon who is not supposed to possess a gun, but if they picked up one you had laying there in order to defend themselves or others. ? The inclination is, that the 'act' itself is not illegal.... only maintaining possession of the gun is. My point being, if the girl would have claimed it was her 22 rifle and is of age to own it, then ..... he may have had an argument.

[sigmanluke]

I agree with Oldvet, it's great that he was able to protect his daughter. However, I agree with the charges he currently faces. Some people never learn.

[DontTreadOnI]

Seems to have played out correctly in all instances to me. Here is a relevant article:

Police say man justified in shooting in Thomasville | The-Dispatch.com

[OldVet]

My point being, if the girl would have claimed it was her 22 rifle and is of age to own it, then ..... he may have had an argument.

In most states (Can't say for NC), having a firearm in hand or even available is enough to charge a felon with possession. Possession doesn't necessarily imply "ownership." Seeing as his felony was a non-violent felony, I could have looked the other way on the felony possession charge in this case, but the "controlled substance" indicates he's still up to no good.

[NC Bullseye]

Seems that it all ended just about right.

I guess I'm having a senior moment but what does the OP mean by "but bad cc..." in the title?

[sigmanluke]

Eagleks, I may be wrong, but the way I understand the law, it is illegal for him to possess the firearm for ANY amount of time, including during the shooting. The fact that the shooting it's self was justified does not allow for his possession of the gun during the shooting. I can only assume he knew he'd be charged for the possession since he had been previously. IMO, he did the right thing. Protect someone in need and accept the consequences of your decisions.

[phreddy]

We had a situation in Spartanburg last year where a felon was riding in his girlfriends car and they pulled up to her apartment. They saw two guys trying to break in. The boyfriend who has a felon record grabeed her gun out of the glove compartment and shot the two BG. The local sheriif let him off with no charges, since it was not the felon's gun and he only used it for their protection.

The case has gotten a lot of press and the boyfriend might be charged becuase some are doubting their story about self-defense (both bg's were shot in the head).

[3dfxMM]

In most states (Can't say for NC), having a firearm in hand or even available is enough to charge a felon with possession. Possession doesn't necessarily imply "ownership." Seeing as his felony was a non-violent felony, I could have looked the other way on the felony possession charge in this case, but the "controlled substance" indicates he's still up to no good.

I'm not sure I would call something that happened 8 or so years ago as "still up to no good". I am not disagreeing with how the current situation was handled.

[dben002]

Seems that it all ended just about right.

I guess I'm having a senior moment but what does the OP mean by "but bad cc..." in the title?

I don't know what the hell I was thinking with the bad cc choice...guess when I read it the first time I missed the part about a rifle......

[NC Bullseye]

I don't know what the hell I was thinking with the bad cc choice...guess when I read it the first time I missed the part about a rifle......

I was trying to make things fit like "criminal caught" or "crappy case" thanks for clearing that up! LOL

[archer51]

What has to be remembered in this case, is we're looking at 2 different set of possible charges. The first of shooting the abuser,which was found to be justifiable and the possession of a firearm by a convicted felon. On the surface it appears the police and DA's office handled this correctly.

[dukalmighty]

IMHO I think each case needs to be looked at on it's own merits,was the gun the Felons firearm,or did it belong to somebody in legal possession and that the Felon used it to stop the threat.
If say during the Investigation it was determined that it was the Felons gun then charge him with the felon in possession,if he grabbed somebody elses gun to stop the threat then he shouldn't be charged

[Ogre]

I agree with the previous poster. According to my parolee friend though, he cannot have any weapons in his domicile of record. His PO told him that his, now EXwife couldn't even have a 22 rifle in the house.

Heck, when he comes over I lock my guns up not because I don't trust him but because I don't trust his ex!! She'd call cops to get him put back on on such a charge!!! Me too for that matter.


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