Who is turning the blind eye in self-defense shootings?

February 9, 6:00 AMCleveland Gun Rights ExaminerDaniel White

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One of the main reasons for the right to keep and bear arms is the idea that if a violent criminal attacks you, you have a right to defend yourself. Statistically, most cases of self defense end without a shot being fired. Sometimes, however, the victim of the attack has no choice but to use deadly force, which can lead to the death of the attacker.

With the increase in concealed carry licenses being issued as more and more states adopt shall issue licensing laws, more and more citizens are choosing to take responsibility for their own safety and are prepared to defend themselves. This naturally leads to an increase in justifiable homicides as victims who would otherwise end up dead are instead able to shoot their attacker.

While most people believe you reap what you sow and that had the person not chosen to attack another they would not have been shot and/or killed. However, as one article shows, sometimes the family of the attacker have a different viewpoint.

In an incident in Michigan, Paul Lee Jr., recently released from a 20 year stint in prison, was shot and killed as he robbed a clothing store. Police ruled it a justifiable homicide, but his sister sees it differently.

"(The store owner) didn't have to shoot him eight times to knock him down," Dye said. "It's just goofy. That's the hard part, that nobody faced charges in his death."

She also believes that her brother's death wasn't thoroughly investigated because he has a long criminal history. I tend to think that the fact that he was killed during an armed robbery might have played a little larger role in the determination that it was justifiable.

In another case, Jerome Washington knocked on the door of a man he had previously fought with, apparently intending to accuse him of breaking into his apartment. Washington chose to bring a realistic looking toy gun with him. The man he confronted thought it was real and shot and killed Washington. Police ruled it a justifiable homicide. Washington's grandmother disagreed.

"I don't feel like someone should be able to take someone's life with a gun, and they still get to face some freedom. It just doesn't add up. I don't believe he did go there to start any problems."

Exactly what does she believe he intended to do? Judging from the circumstances, it looks like Washington had hoped to intimidate his victim with the fake firearm. The other man had no way of knowing the firearm wasn't real, and took action to protect himself. It would be no different if someone waved a toy gun at a police officer. A person has to make a quick decision with the information available at the time, and when faced with what looks like a real gun, you can't afford to conduct an investigation on the spot.

Criminology professor Robert Moran was quoted as saying, "under the guise of being able to protect oneself, we have kind of given a license to go out and kill people any time you feel threatened."

Of course, this isn't the case at all. Every single self-defense shooting is given close scrutiny by the legal system. That is just one more example of people choosing to believe what they want to believe. A concealed handgun license isn't a license to kill, and the victim of a criminal attack isn't required to wait to figure out whether the armed (or apparently armed) criminal means to cause harm or death before taking necessary action to preserve his or her life.

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