DA: Self-Defense Claim Won't Fly
by Seth Voorhees
Published Apr 06, 2009
A man charged in the shooting death of a Hilton teenager allegedly used an automatic handgun to kill the 17-year-old.
Christopher Cervini was shot to death early Saturday. Roderick Scott reportedly told police some teens were trying to break into a car.
Scott is now charged with murder.
According to a felony complaint filed in Greece Town Court, Scott used a Smith & Wesson .40 caliber handgun, shooting the victim at least two times.
Monroe County District Attorney Michael Green says claims of self-defense don't hold up when there's no imminent threat to the shooter's life.
“You have to reasonably believe there's an immediate threat that you're going to be killed and you can't safely respond,” said Green. “That's the only way you can respond is to use deadly physical force back again.”
Green expects the case against Scott to be sent to a grand jury, possibly later this week.
Scott is being held in jail without bail. He is scheduled to appear in Greece Town Court Thursday afternoon.
Wow! An automatic handgun?
If he wasn't threatened, he just got himself into a huge jam.
Stay armed...use common sense...stay safe!