Thursday, August 11, 2005

Righteous self-defense in Richmond, VA

The Times-Dispatch reports:
Since March, there have been at least three fatal shootings of armed suspects by armed victims. In at least two of those cases, Richmond prosecutors say it was in self-defense.

The Richmond commonwealth's attorney's office has concluded that the martial-arts instructor who fatally shot former NFL cornerback Mike Brim during a confrontation last April in South Richmond acted in self-defense.

Prosecutors have also decided that a pizza deliveryman acted in self-defense in March when he fatally shot a teen who attempted to rob him in the Hillside Court neighborhood, also in South Richmond.

Officials said they are awaiting toxicology reports before reaching a conclusion about the fatal shooting of a 14-year-old boy. Police said the boy attempted to rob a 47-year-old man with an unloaded rifle in the East End in June.

'It does appear to us in the commonwealth's attorney's office that a lot of people are armed with weapons,' said Deputy Commonwealth's Attorney Learned D. Barry, the city's top homicide prosecutor.

'And because of that, situations like these are becoming more and more prevalent.'

Investigators said that Brim, 39, trailed Gary Miles to a house on Pineway Drive from his workplace at the American Karate Center on Huguenot Road on April 19.
A police investigation found that Brim, a former Virginia Union University standout who played eight seasons in the National Football League, opened fire on Miles, shooting at him several times and striking the instructor in one leg. Miles, who was also armed, returned fire, striking Brim in the torso, killing him.

'Based on the fact that the deceased followed Mr. Miles to the scene and fired at him first, we have no choice but to rule it self-defense,' Barry said.

'There were multiple rounds from Mr. Brim's gun, and only one from Mr. Miles'.
'
And that is how it's done.

The third instance, which is still in question awaiting toxicology test results, involved a teenager who tried to rob someone with an unloaded .22, to which he had duct-taped a large-caliber magazine in order to "make it look more menacing."
The fact that Brown's rifle was not loaded won't make a difference in the determination of whether he was shot in self-defense, according to officials.

'The victims have no clue if it is a real weapon or loaded weapon or not,' Barry said. 'And they have to protect themselves.'

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