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Watch out for your double-taps: "Further, Turner was not justified in firing a second shot at Ford, the judge said." There was no mention whether the shooter (Turner) had a CCW permit.
Link to The Daily Progress
Self-defense claim shot down
By Liesel Nowak
Daily Progress staff writer
Thursday, October 28, 2004
A judge Wednesday rejected an Albemarle County man’s claim that he had acted in self-defense when he shot an aggressive stranger this spring.
After a one-day trial in Charlottesville Circuit Court, Dominick J. Turner was convicted on felony charges of malicious wounding and the use of a firearm for shooting Julian Lamont “Monty†Ford at an apartment complex on Swanson Drive on May 1.
Turner said that after a fight erupted outside his friend’s door at the apartment complex he wanted to leave but was held up by a drunk and threatening Ford. Turner said Ford shouted profanities and came toward him while reaching into his pocket for what the defendant believed was a gun.
“He had one thing on his mind and that was to make a direct path to his car and out of Dodge,†defense lawyer Bonnie Lepold said in closing arguments.
Instead of leaving, however, Turner testified that he pulled out a pistol and shot Ford.
“I believe he had a gun in his pocket,†Turner said. “Monty was coming straight toward me.â€
Ford suffered two gunshot wounds to the torso, leaving scars and requiring the use of a colostomy bag. Witnesses testified that Ford was extremely drunk and was involved in two fights at the apartment complex the night of the shooting.
Ford testified that he does not remember the shooting. Prosecutors said he had a blood alcohol content of 0.24 the night he was shot, three times the legal limit for driving.
“I really don’t remember, you know,†Ford said when asked about details of the shooting.
Neither Turner nor Ford knew each other, both testified. Turner turned himself in to police in the hours following the shooting.
Prosecutors argued that but for the care Ford received at the University of Virginia Medical Center, they would be handling a homicide case.
“There is no legal justification or excuse for the shooting,†said Assistant Commonwealth’s Attorney Joe Platania.
Judge Paul M. Peatross Jr. considered conflicting eyewitness testimony to the shooting and ultimately decided that even though Turner did not instigate the argument that led to the shooting, he failed to prove that he had a reasonable fear of danger.
Further, Turner was not justified in firing a second shot at Ford, the judge said.
Turner, 23, a dietary aide at a nursing home, testified that he started carrying the weapon with regularity in the weeks before the shooting after he was threatened by two men with a shotgun and found intimidating notes on his car.
Contact Liesel Nowak at (434) 978-7274 or [email protected].
Link to The Daily Progress
Self-defense claim shot down
By Liesel Nowak
Daily Progress staff writer
Thursday, October 28, 2004
A judge Wednesday rejected an Albemarle County man’s claim that he had acted in self-defense when he shot an aggressive stranger this spring.
After a one-day trial in Charlottesville Circuit Court, Dominick J. Turner was convicted on felony charges of malicious wounding and the use of a firearm for shooting Julian Lamont “Monty†Ford at an apartment complex on Swanson Drive on May 1.
Turner said that after a fight erupted outside his friend’s door at the apartment complex he wanted to leave but was held up by a drunk and threatening Ford. Turner said Ford shouted profanities and came toward him while reaching into his pocket for what the defendant believed was a gun.
“He had one thing on his mind and that was to make a direct path to his car and out of Dodge,†defense lawyer Bonnie Lepold said in closing arguments.
Instead of leaving, however, Turner testified that he pulled out a pistol and shot Ford.
“I believe he had a gun in his pocket,†Turner said. “Monty was coming straight toward me.â€
Ford suffered two gunshot wounds to the torso, leaving scars and requiring the use of a colostomy bag. Witnesses testified that Ford was extremely drunk and was involved in two fights at the apartment complex the night of the shooting.
Ford testified that he does not remember the shooting. Prosecutors said he had a blood alcohol content of 0.24 the night he was shot, three times the legal limit for driving.
“I really don’t remember, you know,†Ford said when asked about details of the shooting.
Neither Turner nor Ford knew each other, both testified. Turner turned himself in to police in the hours following the shooting.
Prosecutors argued that but for the care Ford received at the University of Virginia Medical Center, they would be handling a homicide case.
“There is no legal justification or excuse for the shooting,†said Assistant Commonwealth’s Attorney Joe Platania.
Judge Paul M. Peatross Jr. considered conflicting eyewitness testimony to the shooting and ultimately decided that even though Turner did not instigate the argument that led to the shooting, he failed to prove that he had a reasonable fear of danger.
Further, Turner was not justified in firing a second shot at Ford, the judge said.
Turner, 23, a dietary aide at a nursing home, testified that he started carrying the weapon with regularity in the weeks before the shooting after he was threatened by two men with a shotgun and found intimidating notes on his car.
Contact Liesel Nowak at (434) 978-7274 or [email protected].