Thursday, November 03, 2005

Justified -- but they confiscated his gun anyway

Youngstown, OH:
The most recent case of turning the tables is 83-year-old Walter Swita of South Avenue, who killed an intruder last week with a German Luger war souvenir more than 60 years old. The prosecutor said Swita represents a 'classic case' of self-defense, and no charge will be filed by her office. The case will be presented to the county prosecutor for review.

Almasy said Swita must petition the court to get his vintage firearm back. The gun was confiscated Friday night by police after Swita shot Benjamin Brooks, 44, of East Philadelphia Avenue, in the head and chest. Brooks died Sunday.

Lt. Robin Lees, police department spokesman, said Brooks' death will not be counted as a criminal homicide. Lees said the situation is similar to when a police officer kills in the line of duty.
Except that a police officer won't have to file a petition with the court to get his firearm back. I would not be surprised if this weapon disappears. A real Luger, still in working condition? Those are worth some money.

1 comment:

  1. This is ridiculous, but what can you expect when the legal system confiscates your weapon as evidence? If he gets it back, it will likely not be the same anymore. Chances are, the folks playing with it now don't know to pull the toggles up and back to clear it......scarey!