“Self-defense is the clearest of all laws, and for this reason: lawyers didn’t make it” ~Douglas William Jerrold
Despite the efforts of Governor Lynch, his Attorney General and a hand full of unelected Police Chiefs around the state, The New Hampshire Senate voted this afternoon to
override the Governor’s veto on a vote of 17 to 7. The Bill now goes to the House where it will become law upon concurrence with the Senate Veto override.
During his walking parade through some of the meaner streets of Manchester, several demagoguery cards were used falsely implying SB 88’s becoming law would empower gang members…Which I find rather bizarre since Local Law Enforcement here will tell you we don’t have a significant gang problem.
During his many rants, Governor Lynch challenged the need for this law, claiming supporters of the SB88, “have not been able to identify a single case in New Hampshire where someone has been wrongly prosecuted for using deadly force to protect themselves or others. In fact, current law puts the burden on the state to disprove beyond reasonable doubt claims of self-defense.”
Well Thanks to Attorney Penny Dean of Concord, who provided reference and source materials, the challenge is accepted….
STATE V. JOSEPH BROWN
Superior Court, Carroll County No. 05-S-358
Joseph Gleason, an over six-foot tall and 200-pound burley fellow with a criminal record for violence, pursued Brown off of a highway, characterized as a fit of “road rage.” The five-foot, four-inch 140-pound Brown (with no prior criminal record) now found himself trapped at a traffic light behind other vehicles, with no route of escape from Gleason, as the 280-pound Gleason exited his vehicle and began screaming, yelling, swearing and pounding on Brown’s vehicle punching on the windows of Brown’s Buick.
With no way to escape, and fearing for his safety, Joseph Brown produced a handgun, merely showing it, but never pointing it at Gleason. Brown was subsequently arrested, charged and forced to stand trial. After considerable legal expense the case was noll prosequied.
During Joseph Brown’s arrest, N.H. State Trooper Beth Keyes asserted, “Your right to self defense is your right to call 911…”.
STATE V. PHILLIP TUFANO
Superior Court, Merrimack County 2008
Tufano of Londonderry was charged with threatening Paul DeFilippo with a handgun in August of 2008 following a road rage incident on Route 93. Tufano charged after he held up his “still-holstered” gun in an effort to diffuse the situation when DeFilippo ran him off the roadway, causing him to fear for his life.
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