Opening arguments to verdict in 10 hours

Yesterday the court began jury selection for the Michael Williams murder trial.  At 15:38 today I received a call from Williams.  He told me the trial had just gone to the jury.  He said he had lots of stories to tell from the trial but I was busy at work and couldn’t take the time right then.  I told him I would call him back later this evening.  At 18:39, as I was about to leave work, he called me again.  The verdict was in–Voluntary Manslaughter.  This was in the case where the prosecutor insisted Williams was guilty of first degree murder.  Williams remains a free man while the judge decides on a sentence.  Williams is very happy about the result.  The family of the dead man, of course, is not at all happy and Williams had an armed escort to his car and out of the parking lot.

He is to email me more stories which I agreed to post.

Previous postings on the topic:

VPC on Cheney

Don’t ever expect them to be truthful.  In order to get their numbers up they included suicides, justifiable and praiseworthy homicides and woundings–bigots dancing in the blood:

WASHINGTON, Feb. 13 /PRNewswire/ — Saturday’s shooting of a fellow hunter by Vice President Dick Cheney was just one more addition to the more than quarter million Americans who have been injured by firearms during President George W. Bush’s tenure. From 2001 through 2004, the most recent year available, 252,076 Americans were injured by firearms according to federal Centers for Disease Control and Prevention (CDC) data. From 2001 through 2003, the most recent year available, nearly 30,000 Americans a year were killed by firearms according to information from the CDC’s National Center for Injury Prevention and Control.

…

Josh Sugarmann, Violence Policy Center executive director, states, “The Cheney shooting punctures the pro-gun argument that ‘knowing guns’ and ‘having respect for guns’ are enough to overcome the inherent hazards of firearms. Vice President Cheney’s victim is now just one more sad statistic in America’s annual gun toll.”

This is what happens in places without guns–Case XII

If this had happened in the U.S. where police officers are armed things probably would have turned out different.  But instead it was in the “gun free paradise” of London England:

LONDON (Reuters) – A female trainee police officer is seriously ill in hospital on Tuesday after being shot as she and a colleague tried to apprehend a suspected burglar.

Police said the incident occurred shortly before midnight when two officers, an experienced male officer and the 25-year-old female probation officer, were called to a burglary in the Lenton area of Nottingham and tried to stop a man nearby.

“The suspect produced a firearm and shot one of the officers,” a Nottinghamshire police spokeswoman said, adding the victim had not yet been named.

The wounded officer, who was wearing body armour, has undergone emergency surgery for a gunshot injury and is in intensive care in a serious condition.

No one has been arrested.

Quote of the day–Wayne LaPierre

New Orleans was the first place in American history to disarm peaceable citizens, house-by-house, at gunpoint. And I promise you this standing here today: We at the NRA are going to make sure it’s the last place it ever happens.

Never again can Michael Bloomberg or Rebecca Peters or Mike Wallace, or the United Nations, or the Brady Center, or anywhere else say that honest citizens don’t need firearms because what happened in New Orleans proves beyond a shadow of a doubt what we’ve said all along.

The next time some arrogant politician looks at you and says, ‘Why does anyone need to own a gun?’ I want you to look them straight in the face and say this: ‘Remember New Orleans!'”

‘Why do you need to own a gun?’ Remember New Orleans!

‘Aren’t you just being kind of paranoid?’ Remember New Orleans!

‘Why does anyone need right to carry?’ Remember New Orleans!

‘What makes you think our government would ever try to confiscate your guns?’ Remember New Orleans!

‘Is the Second Amendment really relevant in the 21st Century?’ Remember New Orleans!

Wayne LaPierre
Executive Vice President
National Rifle Association
From speeches given:

Brady’s take shots at Cheney

You knew it was coming.  Here’s the first I’ve seen:

“Now I understand why Dick Cheney keeps asking me to go hunting with him,” Jim Brady said in a statement. “I had a friend once who accidentally shot pellets into his dog — and I thought he was an idiot.”

“I’ve thought Cheney was scary for a long time,” Sarah Brady said. “Now I know I was right to be nervous.”

They do personal attacks so well.  They have lots of practice at it so it’s not surprising.  I can only think of two reasons for this; 1) They don’t like the results when they stick to facts, or 2) They can’t handle high school math.

A bias against self-defense part III

It’s way too late for me to comment intelligently on the following newspaper clippings.  Michael Williams sister sent them last week.  I’ve read them all but was unable to comment on them due to my exceedingly busy weekend (more details later but it involving guns, explosives, and two murder trials unrelated to Williams trial).  If you are interested in this case go ahead and read them.  I’ll comment later after I have had some sleep.

Quote of the day–Jeff Cooper

Taking a long view of history, we may say that anyone who lays down his arms deserves whatever he gets.

Col. Jeff Cooper

A quick history lesson

If you want to fire an assault weapon, do what so many patriotic Americans do: Join the armed forces.

Does that sound familiar to anyone?  

That could have been Lenin rephrased, as in this case, where the party members were exempt from a weapons ban.  Or it could have been Adolf Hitler who said:

If any citizen wants to possess arms, let him join the Party.

But it was neither.  And it was said in todays newspaper, not by a despot known to have killed millions, but by the U.S. politician Del. Anthony G. Brown who is Martin O’Malley’s running mate for the governor of Maryland.  He also said this:

Assault weapons have one purpose and one purpose only: That is to kill human beings.

Of the thousands of rounds I have fired through my “assault weapons” no humans were killed as a result.  I have to conclude that either my guns are defective or Brown’s thinking is defective.  I don’t have to toss a coin on this one.  In a comparison between my rifles and Brown’s brain I’ll take my rifles as the better of the two any day.

Quote of the day–Greg Hamilton

In Pierce County [Washington] the way the prosecutor decides whether to press charges or not is to print out the arrest records of the people involved and weigh them… Scumbag dead, good guy still upright — good guy walks.  Scumbag dead, other scumbag still upright — scumbag gets prosecuted.  The guy is an IPSC shooter himself, he figures you are just cleaning out the gene pool when you shoot a scumbag.

Greg Hamilton
Self Defense Instructor
Nov. 19, 1995

A bias against self-defense part II


Michael Charles Williams

I received two calls from Michael Charles Williams today.  I was driving to work the first time and couldn’t take notes but here is what I remember.  Where I could I found news stories that relate to what he told me:

  • Adams (the guy Williams shot three times) had a long rap sheet.  His associates have criminal records too.
  • Adams was partway into Williams truck through the window by the time the last shot was fired.
  • Today the prosecuting attorney tried to get the blood alcohol content of Adams (0.327–legally drunk in Idaho is 0.08) ruled inadmissible in court.  He failed.
  • The ex-wife testimony was ruled inadmissible. The prosecutor was virtually begging for it to be admissible and said he would “go all the way to the Supreme court” to achieve that.
  • There are no other witnesses that claim Williams “was looking for someone to kill.”
  • Detectives didn’t try to get fingerprints or other evidence off of the truck.
  • The first detective and Williams knew each other in high school 15 years prior and had a bad history between them.
  • The first detective had a good relationship with Adams family.
  • Williams had some handgun training in the military but no formal training on civilian self defense.
  • The gun was a “brand new” Springfield 1911 style compact in .45 ACP with “self-defense ammo”.
  • The prosecutor has a conceal weapons license.
  • The prosecutor once shot at, in error, a plainclothes police officer.
  • At my suggestion the defense attorney plans to call SAF.
  • Williams thanked me profusely for “helping” (not sure I have actually done much).
  • Williams said he sent a link to my previous blog posting to friends, family, and his private investigator.  My log files have confirmation of such traffic.
  • His sister is digging up more newspaper stories for me to put on the web and comment on.

Bias against self-defense

Reports from the media are almost always filled with errors.  The reporters, at best, are expert writers and are seldom experts on the topic.  They have limited time and rely on others for the “facts” which filter through biases and various error prone communication channels before they ever reach the public. And in the case of what happened behind a bar shortly after closing time on a Friday night (actually early Saturday morning) even the people who participated are probably not going to be worthy of being called knowledgeable.  The changes in the story of what happened that night reflect the difficulty in knowing exactly what happened.

What is known for certain is that 32 year old Michael Charles Williams, in possession of an Idaho concealed weapons license, fired three shots from a “large caliber” semi-auto pistol into the chest of 25 year old Christopher Rick Adams who died at the hospital a short time later.

My references, all from the same paper, are:

Read the April 8th story for the most detailed version of what is believed to have happened.

In addition to getting an email from Williams sister asking for help what makes this interesting to me are some of the biases in the story as it appears in the paper.  Some of those biases are probably unintentional.  Others, almost for certain, were intentional.  All of them are against Williams yet who, according to my understanding of the law, is to be presumed innocent until proven guilty.

The February 28th story says:

A press conference on the murder is scheduled for 10 a.m. today at the Blackfoot Police Department, 501 N. Maple St.

It’s not murder until someone is convicted.  The paper should have said something along the lines of “…conference on the death…”.  If the circumstances had been much more clear I would let them get away with it.  But in this case there is at least some reasonable doubt as to what actually happened.

The following, from the March 1st story, doesn’t adversely affect Williams in this case but it does affect you and me.  It’s an implication of what someone, probably the reporter, thinks the law is or should be.  The police captain, Kurt Asmus, almost for certain knew the question presumed things that were not true but figured it didn’t really matter and answered the question in such a way the reporter could continue believing their view of reality was correct:

The weapon was legally registered to Williams, Asmus said.

There are no registration requirements for semi-auto pistols in Idaho.  My guess is the police captain said something like, “The pistol was legally owned.” in response to a question about the gun being registered.  This allowed the naive public to believe firearms are registered and desensitizes the public to the hazards of firearms registration.  When it comes up that firearm aren’t registered after for years believing they were it will be easier to get such a law passed.

In the May 18th story the prosecutor, arguably doing his job, shows a bias and the newspaper lets it stand:

He said Williams has shown no remorse for his crime and has admitted he could have avoided the shooting.

“Mr. Williams was perfectly willing to kill Mr. Adams,” Andrew said.

Williams has only been charged with a crime.  It has not been proved there was actually a crime committed.  No remorse could mean he believes he behaved morally and legally correct.  Admitting he could have avoided the shooting doesn’t mean that would have been the proper course of action.  You could avoid shooting someone and let a dozen innocent people be killed.  And willingness to kill someone is not evidence of a crime or even evil intent.  For example I’ll bet we could have found 100’s of thousands of people willing to flip the switch that turned Ted Bundy into burnt toast.  I suspect the prosecutor exaggerated on the willingness angle.  Carrying a firearm for self defense shows willingness to use deadly force under extreme circumstances.  We don’t really know if the prosecutor has evidence Williams was “perfectly willing” to kill.

In the August 30th story we have this from the prosecutor:

Andrew said witnesses would now testify that Williams told them he would kill someone if the right scenario presented itself.

If you reword that just slightly you get the essence of what nearly every firearm self-defense instructor teaches.  That is you are legally justified in using deadly force if innocent life is immediate danger of death or permanent injury.  And guess who one of the witnesses is?

…one of the prosecution’s new witnesses is Williams’ ex-wife and the couple is currently involved in a child custody action.

I’ll bet the child custody battle will go a lot smoother for the ex-wife with Williams doing time for murder.  I’m sure she will be totally unbiased in her testimony.

From the September 2nd story we find the line from Deputy prosecutor Scott Andrew that got Williams sister all wound up in her email to me:

Williams is accused of shooting Adams outside the Blackfoot bar after Adams allegedly walked towards his car during an argument.

“He waited for him to get closer, just like when you’re hunting … He hunted Mr. Adams,” Andrew said.

Interesting hunt when the prey knows about the hunter, has been warned about a possible weapon, and still advances on the hunter.  This is really over the top–even for a prosecutor.

I don’t know which way this is going to go or should go.  I don’t have a strong opinion on it because I know the facts as represented in the newspaper story are tenuous at best.  The jury will have much better, if still limited, view of the facts and usually will do a pretty good job of coming to the correct conclusion.  But there are some lessons to be learned here.  Nothing new, but this guy either didn’t know or forgot them.  As we teach in the NRA Personal Protection class:

  1. After a shooting let your lawyer do all the talking.
  2. Don’t talk about killing people to defend yourself.  What you can say is that if innocent life is in immediate danger of death or permanent injury you would be willing to use deadly force to stop the attack.

I suggested to his sister that the defense attorney call CCRKBA and/or SAF.  Depending on the type of case the prosecutor tries to make, like saying the concealed weapons license was evidence Williams was looking for someone to kill, they may be able to help in some way.

No matter how the trial goes there is plenty of tragedy to go around.  I just hope our legal system can come up with a reasonable approximation to justice–whatever that is in this case.

A short history of interesting email

I get the most interesting email.

There have been the room temperature I.Q. cases wanting help building a bomb which I talk about frequently.  There are also cases where I don’t talk much, if any, but are just as interesting. 

There was a case where a public defender wanted help defending against federal bomb making charge.  I thought Ry and I were going to be doing some testing for them.  But the case was dropped after the public defender told the court they had an expert who didn’t think it would explode but wanted to test a duplicate of the device to make sure. My guess is the the prosecutor knew it wouldn’t/couldn’t/shouldn’t explode but figured putting a 15 year old girl in the slammer was just another way to get a few laughs and get more points toward their next promotion.  Don’t ever forget we have a legal system, not a justice system.

Due my Modern Ballistics program I have received lots of requests for ballistics help.  In one case (IIRC, it’s been several years now) someone was investigating the possibility of a wrongful death case against a police officer.  It wasn’t a problem my program was designed for and I couldn’t help.  One request was the defense in a murder case.  Using all the data I had at my disposal I still had a couple unknown variables that could push the answer either way.  And even if those numbers were tied down the answer depended on the skill and knowledge of the shooter as much as the physics involved.

This week I received my first request for help in defending against a first degree murder charge (three shots to the center of mass from a large caliber semi-auto pistol) where the defendant had a concealed weapons permit.  I’ll blog the details tomorrow.  The guy goes on trial Monday.

Gun control advocates are ‘moderates’

It isn’t the first time I’ve seen this and it probably won’t be the last:

Bloomberg, who was a Democrat before he switched parties for his first run for mayor in 2001, is a political moderate on such issues as abortion and gun control.

Why aren’t politicians that want to, and do, violate the constitution considered extremists instead of moderates?

A history of going postal

From the AP via the Washington Post comes this list of 12 different deadly postal shootings.  Should we ban postal buildings?  If it only saves one life…

Quote of the day–John F. Kennedy

The great enemy of the truth is very often not the lie — deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought.

John F. Kennedy (1917 – 1963)
[Think gun control.–Joe]

U.K. is realizing it’s worst fear

Considering some of the crazy things the Brits have done in relation to firearms it should come as no surprise they are creating the circumstances in which their worst fears are realized:

Muggings and violent attacks up by more than 10%
By Richard Ford, Home Correspondent

MUGGINGS and violent attacks on people soared by more than 10 per cent in the third quarter of last year as the police struggled to contain street crime, according to figures published yesterday.

Street robbery is rising at its fastest since Tony Blair demanded action three years ago by the Home Office and police to tackle the issue.

…

Robberies soared by 11 per cent on top of a 4 per cent increase in the second quarter of last year. The Metropolitan Police has said that one of the main factors behind an increase in mugging in London is the rising number of portable hi-tech goods, such as mobile phones and MP3 players. In the weeks after the July 7 bombings, muggings in London rose 23 per cent after thousands of police were sent to guard the capital’s transport network.

Gun crime rose by 1 per cent in the year to the end of September 2005, to more than 11,000 incidents. Violence against the person rose 4 per cent overall, although more serious cases including homicide, threats to murder and serious woundings fell by 10 per cent.

Offences in lower category crimes such as less serious woundings rose by 10 per cent. Serious injuries from gun crime rose by 18 per cent to 470 in the year to the end of September but the number of deaths from gun incidents fell by more than one third to 50 compared with 80 in the previous year.

I find it engages my sick sense of humor that they blame the increase in muggings on the rising number of portable hi-tech goods.  Do they even hear what they are saying?  Muggers don’t attack someone they think has a fair chance being their equal.  They “interview” their potential victim and attack those that look and act like “grass eaters”.  Carrying a concealed firearm makes the victim selection process much more difficult and if that process misses something the possibility of catastrophic failure is quite high.  Muggings go way down when the wolves can’t distinguish between the sheep and sheep dogs.

Canadian gun registry hits

This is just a letter to the editor and in general these are extremely unreliable sources of information.  But if true it explains something that has bugged me for a while, “Why are there so many accesses to the Canadian gun registry?”

Every time a car’s licence plate is checked to see if it is a stolen car, or a driver’s licence is checked to see if it is suspended, a “hit” on the gun registry gets recorded. We see thousands of those each day, so what? None of them have anything to do with keeping guns away from criminals, which should be the primary role of any gun-control initiative. Not even its most adamant supporters claim that the gun registry does that.

The writer goes on to nail the real reason for the registry–it makes some people feel good:

It was an interesting idea which didn’t pan out; it’s now an extremely expensive pink elephant that people cling to because it gives them a warm fuzzy feeling. One thousand more police officers with state-of-the-art equipment will do a lot more to combat gang violence in Toronto than some inaccurate and error-filled list of who owns which duck hunting guns.

Elena Markina, Thornhill

Quote of the day–The Brandon Sun

The new Conservative government has the federal long gun registry in its crosshairs, which has prompted some defenders of the program to plead with the Tories not to pull the trigger on the much-maligned registry.

But the cries of clemency coming from crime victims and now police chiefs, as compelling as they may be, must not be heeded and the registry must be put out of its misery.

The Brandon Sun
Say goodbye to the gun registry
January 31, 2006
[If this actually comes about it will give freedom lovers everywhere hope.–Joe]

This is what happens in places without guns–Case XI

Restrictions both by the state and the U.S. Post Office prevented people from having effective defensive tools available when a woman went postal yesterday.  Six killed, one wounded:

GOLETA, Calif. — A female ex-postal worker opened fire at a mail processing plant, killing six people and critically wounding another before committing suicide, authorities said early today.

Deputies responding to a call of shots fired about 9:15 p.m. Monday found two people dead outside the plant.

Two wounded women were located inside and were taken to Santa Barbara Cottage Hospital. One died and the other was listed in critical condition early today with a gunshot wound to the head.

Nearly five hours later, deputies found four additional bodies, including one believed to be the female shooter, Santa Barbara County Sheriff Jim Anderson said. The shooter, who was not identified, died of an apparent self-inflicted gunshot wound, he said.

Quote of the day–Decree of the Council of People’s Commissars

The Council of Peoples’ Commissars has resolved that:

   1) All Citizens and all civil organizations should surrender machineguns, rifles, revolvers of all kinds – whether working or defective – as well as cartridges, and all models of sabres.

This decree also applies to all organizations which possess the above-mentioned weapons, and which are not part of regular military detachments approved by the People’s Commissariat of Military Affairs or the Revolutionary Military Council of the Republic.

NOTE: All certificates for keeping weapons are therefore invalidated.

 

Deputy Chairman of the Revolutionary Military Council of the Republic, E. Sklyansky
Approved 29/X 1918
Chairman of the Council of People’s Commissars
V. Ulyanov (Lenin)
From Lethal Laws–Gun Control is the Key to Genocide
[Instructions that accompanied the decree specifically exempted members of the Russian Communist Party from the requirement that all firearms be surrendered.  From 1929 to 1953 Stalin murdered about 20,000,000 persons.  Never register all, if any, of your guns.  Registration fails my Jews in the Attic Test.–Joe]