Mike T. wrote:
> "Harry K" > wrote in message
> oups.com...
> >I tried to resurrect the old thread (started back on Jan 2 IIRC). I
> > could still read it but no replies can be made there. Last post there
> > was on Jan 6.
> >
> > The trial for the road rage incident where the perp killed momma by
> > running over her just ended. Verdict "guilty as charged of 2nd degree
> > murder".
> >
> > Defense claimed (as expected) that Jonathan Ellington ran over momma
> > while trying to escape shots being fired at him by daddy.
> >
> > Prosecutor shot it down very solidly. His expert witness testified
> > that no shots were audible on the 911 call tape until after Ellington
> > had rammed the girls vehicle which was also audible on the tape. Best
> > the defense could come up with was 'ya but, there could have been shots
> > fired before that' (and Santa Clause might really exist, I suppose).
>
> That's a disappointing outcome. I remember this case now. Timeline seemed
> to go something like:
> 1) Whole family cornered road-rager Ellington in a ditch
> 2) Attempting to escape, Ellington pushes another vehicle with his vehicle
> 3) Daddy gets ****ed to see his daughters' car get banged up a bit, and so
> he shoots at Ellington
> 4) Ellington, now fearful of being shot and killed, drives away quickly,
> running over and killing an idiot who was attempting to stop Ellington's car
> with her body
>
> Ellington is a bad, bad man, who probably belongs in prison. It's
> unfortunate that he got convicted in this case in spite of a valid defense
> though. At the point where Ellington ran over the momma, Ellington was
> acting just like anybody afraid of dying would have acted. The only thing
> that separates everyone here from Ellington is that MOST of us wouldn't have
> been stupid enough to get ourselves into a situation where it would have
> been necessary to kill someone else to survive. -Dave

Oh yeah, he's a bad baaad man alright. Has several convictions and
several times in jail including a couple serious assaults. His "valid
defense" was so good it got laughed right out of court. Took the jury
all of 4 hours to reach a decision after 7 days of trial.

I just re-read portions of the orginal. I see your definition of self
defense is still way over the horizon from what will be found in the
law.

Harry K