KY: Jury acquits man in fatal shooting

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WAGCEVP

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if you use the ammo box to protect you, the jury box is the next to protect law abiding gunowners. Yeah, I know it should NOT be that way, BUT.......
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KY: Jury acquits man in fatal shooting

http://www.courier-journal.com/localnews/2003/11/11ky/met-front-murder1110-4213.html

Jury acquits man in fatal shooting
Defendant said he had acted in self-defense
By JASON RILEY
[email protected]
The Courier-Journal

Kelly O'Hara contended all along that he was acting in self-defense when
he shot and killed his girlfriend's ex-husband during a struggle last
January.

Yesterday, a Jefferson Circuit Court jury acquitted him of a murder
charge in the death of Michael Henry - and refused to find him guilty
of any lesser crimes, including manslaughter or reckless homicide.

O'Hara, 40, turned and hugged his family after the verdict and sought
out his girlfriend, Susanna Crowe, Henry's ex-wife.

"Kelly O'Hara saved my life," Crowe said, trembling outside the
courtroom. "I wish nobody had to die, but my kids have a mother because
of him."

O'Hara, who had faced a possible sentence of life in prison if
convicted, said he was glad the ordeal was over.

"I'm just sorry the whole thing happened," he said. "I'm sorry for the
family's loss."

Members of Henry's family - visibly shaken and angry - left the
court after one of them yelled at O'Hara.

Henry's aunt, Sandra Henry, who shouted at O'Hara after the verdict,
said in an interview later that the jury's decision was disgusting.

"It's pretty sad that a man can pull a gun on an unarmed individual and
shoot him ... and not be convicted of anything," she said.

"He may not have to pay for it here, but he will have to answer to the
big man."

According to defense attorney Grant Helman,
Henry, 31, went to Crowe's house at 6505 Winter View Drive on Jan. 16,
and began screaming and banging on her door.

Crowe had filed for an emergency protection order against Henry the
previous October, but it had been dismissed.

O'Hara, according to testimony in the trial, was in Crowe's home at the
time and went out the back door to leave, but found that Henry had
blocked in his vehicle.

Helman said O'Hara pulled his handgun to scare Henry away, firing a shot
into the ground.
But Henry charged O'Hara and the two struggled for the gun, with Henry
eventually being shot in the abdomen, Helman said.

"He (O'Hara) was in fear for his life," Helman told the jury in his
closing statement. "This case is about self-protection."

O'Hara and Crowe attempted CPR, but Henry died about an hour later.

Prosecutor Chris Foster argued that the situation turned deadly only
when O'Hara brought out the handgun.

And she said it was just as likely that Henry was pushing the gun away
during the struggle, rather than grabbing for it.

"O'Hara brought a gun to use against an unarmed man," she told the jury.
"You can't just shoot Michael Henry because he was acting ugly."

Foster asked the jury to at least consider a conviction of reckless
homicide or second-degree manslaughter.

The jury deliberated about two hours before reaching its verdict.
 
According to defense attorney Grant Helman, Henry, 31, went to Crowe's house at 6505 Winter View Drive on Jan. 16, and began screaming and banging on her door.
...
O'Hara, according to testimony in the trial, was in Crowe's home at the time and went out the back door to leave, but found that Henry had
blocked in his vehicle.
/me thinks Henry might have had bad intentions...

Kharn
 
O'Hara, according to testimony in the trial, was in Crowe's home at the
time and went out the back door to leave, but found that Henry had
blocked in his vehicle.

Probably not a good idea to corner a guy who is trying to avoid confrontation. Probably an even worse idea to corner an armed person trying to avoid confrontation.
 
See? I told you so...

The County Prosecutor has *publicly stated that he will charge any CCDW holder with murder~~NO MATTER WHAT the circumstances of the shooting were.
:mad: Better be a good shoot or you're screwed, blued, and tattooed.

KR
 
I sure hope the good Mr. O'Hara still has money left over after this undoubtedly expensive defense of himself.

I suppose he is now open to civil suits from family members (he was such a kind, caring man - wouldn't hurt a flea... Sang in the church choir ...") - what say you ET?
 
Dave, defense of Murder prosecutions run into 6 figures.

As to civil exposure, it depends on the law of Ol' Kentuc. Some states have statutes that create civil estoppel upon acquital or non-prosecution.

I do not know how my neighbors address it. If no such statute, he may face civil wrongful death, emotional distress, loss of a bunch of stuff, as well as administrative proceedings to invalidate his CCW or dealer's license, and forget about getting Form 4s signed.

Shooting a man does not end your problems, only initiates them.
 
El T,

"Some states have statutes that create civil estoppel upon acquital or non-prosecution."

Doesn't Indiana have something like this? For some reason I'm thinking I came across it in the statutes a while back, but can't recall. I don't have the time at this particular moment to go and search.

EDIT: Okay, I did search and found what I remembered:

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person is justified in using deadly force only if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Does the bolded sentence include civil liability?
 
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