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The AZ Supreme Court turned down the prosecutor's request to hear the case of Harold Fish.

Ruling to stand for Ariz. man in trail killing

The AZ legislature passed a law this year designed just to get his release for appropriately and defensively using his firearm to save his own life. Google "Harold Fish" if you haven't heard the story.

This story is finally over, and finally cemented in case law. It's a victory for RKBA in AZ.:danceban:
 

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Good deal, now the state needs to expunge Fish’s records and restore his rights.
 

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Step in the right direction.
 

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Good to hear. Sounded like a good case of disparity of force. Didn't they suppress some info about the other guys violent past issues?
 

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Finally!!!

:congrats:
 

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This outcome has been too long in coming.

Biker
 

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Good deal, now the state needs to expunge Fish’s records and restore his rights.
The AZ Supreme Court turned down the prosecutor's request to hear the case of Harold Fish.

Ruling to stand for Ariz. man in trail killing

The AZ legislature passed a law this year designed just to get his release for appropriately and defensively using his firearm to save his own life. Google "Harold Fish" if you haven't heard the story.
:congrats::aargh4::hand10:

This story is finally over, and finally cemented in case law. It's a victory for RKBA in AZ.:danceban:
:aargh4::hand10:

This outcome has been too long in coming.

Biker
:aargh4: :hand10:


Read that story, and damn near had tears in my eyes, thinking but for the grace of God, That could possibly be almost any descent average person going through that!


"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws...you create a nation of law-breakers and then you cash in on guilt."
Ayn Rand




:congrats: :congrats: :congrats:
 

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It is very frustrating that a simple case of SD can become so complicated and expensive...thank God Mr. Fish is finally finished with this entire ordeal.:congrats:
 

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Unfortunately he will never get back what he lost.
 

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Return his weapon and pay him for his time!
 

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Return his weapon and pay him for his time!
The man spent 5 years in Prison, and god knows how much in legal fees for his defense.

I'd say he made the ultimate sacrifice for AZ CCW permit holders rights, but his ordeal was far from voluntary.

I doubt there is anything that the AZ judicial system could do or give him to make up for this.
 

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As a 25+ year Arizona resident I was very disappointed in this case and I sincerely hope the Mr. Fish may sue and be awarded a huge judgment. He has lost so much and justice was not served. He was instrumental with improving the laws that protect citizens against wrongful prosecution, and he deserves to be compensated.
Regards,
 

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Here's the release from the NRA:

Overturned Murder Conviction Will Stand for Arizona Man Who Used a Firearm in Self-Defense


Fairfax, Va. -- An Arizona man who spent nearly three years in prison for justifiably shooting a man in self-defense is now free and clear of all guilt in his case. This week the Arizona Supreme Court let stand the state appellate court’s decision to overturn Harold Fish’s second-degree murder conviction. The National Rifle Association provided assistance in this case. NRA’s Office of General Counsel advised Fish’s defense counsel, and the NRA Civil Rights Defense Fund provided financial aid for Fish’s defense.

Chris W. Cox, executive director of NRA’s Institute for Legislative Action said, “We are pleased that justice has finally prevailed for Mr. Fish in this case that was clearly justifiable self-defense. We wish the best for Mr. Fish and his family in the future.”

In 2006, Harold Fish was convicted of second-degree murder in the shooting death of Grant Kuenzli. Fish encountered Kuenzli and his vicious dogs while hiking on a trailside in Coconino County in May of 2004. After Fish fired warning shots at the aggressive dogs, Kuenzli tried to attack him, and Fish was forced to shoot him in self-defense. At the time of the shooting, current self-defense laws in Arizona -- which put the burden of proof on the prosecutor instead of the defendant -- did not exist. During Fish’s trial, the jury was not allowed to hear evidence that Kuenzli had acted violently in similar situations in the past. In June, an Arizona appellate court overturned Fish’s conviction, acknowledging the jury should have heard this evidence and also saying the jury was not instructed properly on the meaning of “unlawful physical force.” Attorney General Terry Goddard had asked the Arizona Supreme Court to review the appellate court’s decision, and this week they declined.

Fish’s case spawned two laws in Arizona strengthening the rights of gun owners to use a firearm to defend themselves and their loved ones. SB 1145, passed in 2006, put the burden of proof back on the state, saying that those who use firearms in self-defense are to be considered innocent until proven guilty. This year, Governor Jan Brewer signed SB 1449 into law, making retroactive SB 1145, which effectively allowed Fish and others in similar positions the right to a new trial, as well as to be considered innocent in the justifiable use of force unless the state proves otherwise.
 

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I am very pleased his conviction was overturned.
However, it is an example that even if the shooter is in the right he may have years of stress, expenses, and even jail.

I do fear that some are a little cavalier about shooting another person, and situations like this one should be a lesson for all of us.
I have always believed he had an incompetent lawyer.

Regards,
Jerry
 

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This was headlines is all of AZ newspapers. NOT :frown: :aargh4:
 

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+ 1000 Pack

Specifics are important here...the taxpayers shouldn't be footing this...but the overzealous prosecutor sure should!
You got that right; +1000 Pack.
 

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Three cheers for Mr. Fish - A shout out to the Arizona members of DC, do any of you know of any funds or donations to help Mr.Fish with his expenses? I would gladly donate to this worthy cause.

Or perhaps DC could start one?
 

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re: Jerry

I am very pleased his conviction was overturned.
However, it is an example that even if the shooter is in the right he may have years of stress, expenses, and even jail.

I do fear that some are a little cavalier about shooting another person, and situations like this one should be a lesson for all of us.
I have always believed he had an incompetent lawyer.

Regards,
Jerry
Judging by the experience here in Texas, it appears that SD shootings are not too rare but CHL holders are not cavalier about shooting another person. For 2007 of 8 categories of capital murder, there was only one CHL holder convicted v 91 for the general public (if I added right). There were more than 200 deadly conduct firearm's discharge convictions for the general public and none among CHL holders. Non-capital murder, 2 for CHL holders v 371 for the general public.

Even taking into account that CHL holders are a small proportion of the general population, there is little evidence that actual behavior within the group is cavalier towards human life. OTOH, I do think comments many make here in DC are a bit cavalier about human life. Still, there's a difference between talk and action.
 

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Most of our cavalier comments are generally reserved for the BGs, who by their actions, earned it.
 
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