Skip to comments.Defender: Killer shot in self-defense
Posted on 10/23/2007 8:18:29 PM PDT by monkeycard
On the night he shot Austin Bodahl to death, Daniel Kelly was a vulnerable target for three drunken drifters looking to hurt someone, anyone, as they staggered up State Street, Kelly 's attorney said Monday.
So when Bodahl, 23, who was five inches taller and 40 pounds heavier than Kelly, fought him on May 22 in the middle of State Street, Kelly did the only thing he could to avoid being more seriously hurt: He fired warning shots into the air, then shot Bodahl, Assistant Public Defender Dennis Burke told a jury, as Kelly 's first-degree reckless homicide trial began Monday.
Kelly, 31, fired the gun, a five-shot, .22-caliber derringer he legally purchased, in self-defense, Burke told the jury during opening statements in Kelly 's trial in Dane County Circuit Court. ...
(Excerpt) Read more at madison.com ...
He’s so screwed.
I've got a thought experiment: How's about we have three drunk guys jump the assistant DA, give her a gun and then explain to her that she has "no justifiable reason" to use it because she only might get bruised up a little - maybe?
Oh, that's right - she's a member of the Wisconsin protected class, and the common folk would never THINK of touching their betters, like Miss Mades.
Pure lying scum.
It might be a little short of facts and figures, the story, that is.
You can’t shoot someone in an altercation unless you are attacked and defending yourself. The issue differs with each state and opinions are many. But if the fight was going on and both were participating for any longer than about 20 seconds, it may have been a fist fight that escalated.
Here is the rule for most of us that legally carry guns. We don’t get into fights. We only defend ourselves or our loved ones when we are attacked. Believe it or not, most CCW citizens will act like the biggest sissies you know to avoid a confrontation. It comes with the territory when you assume the responsibility of carrying a concealed firearm.
No fights and always polite.
May not be correct, but he is in a bad spot.
Even though the defendant is "colorful" and a local from the Berkeley of the Midwest, I still think the ass. DA is really cheeky with her little fantasy about what happened.
She's obviously a hopeless libtard.
An armed society is a safe and polite society.
< /stickler for accurate nomenclature>
Probably an NAA mini.
That’s my guess
While many States have, in fact, made a perfect hash of long standing common law concepts such as "provocative acts" and "disparity of size" as well as "diminished capacity" (which actually works in both directions- an individual who would otherwise be unthreatening can be quite dangerous under the influence of drugs or alcohol) the concepts remain valid and should apply to this case regardless of what the Nifong DA feeeeels is correct.
Who are these "witnesses" who did not call the police to report a fight in progress?
The defendant was in engaged in reasonable, appropriate and common activity and he was accosted by three men of menacing demeanor who seemed unwilling to cease and desist their assault.
He afforded them every opportunity to go elsewhere and they refused.
Sadly, retreat is not an option under those circumstances.
I know of no law that says you have to stand for an ass kicking from anyone. If ANYONE approches me in a threatening manner and threatens to want to “fight” me, they are getting six shots to the head BEFORE they can land one punch. If I have no way to retreat to safety, they are asking for it. My CCW permit is my equalizer.
My wife always comments how polite and friendly folks are at the range. I believe it's the unspoken truth everyone knows the huge responsibility and trust that comes with handling firearms.
The statement "An armed society is a polite society" is true on so many levels.
That is your opinion phone-booth superman. But in this case the man was carrying illegally, and that is good for five years as a starter.
And as for you and your Rambo mentality. That's between you and a prosecutor and twelve people should you try that option.
Agreed. I can stand in a fight with no problems. I grew up in the streets of Detroit. But, if someone wants to fight me, as happened a few years ago, it was made clear I wouldn’t stand there and let him do it, or hurt me. The police eventually became involved (*I* called 911 instead of pulling out a weapon). He was ticketed for trespassing, and warned to stay away. He came back later to the property, and I think was arrested later (I wasn’t present the second time). But, I never had to pull my weapon out. for the record, I weigh in at 175 pounds, this guy was a tub of lard and was likely 425 pounds.
Antigun are we?
The fact is we shouldn’t HAVE to have a permit to carry a weapon concealed. Period.
As for his “rambo attitude”, you seem to have the opposite one. So, when you’re confronted with a similar situation, drunks who are intent on harming you, I’d like to see you talk your way out of the situation. You’re not going to. And, you’ll get your ass kicked, end up in the hospital or get killed by trying to TALK your way out of something sometimes.
BS, I've been a member of the NRA for over thirty years and I don't care much for rambo types are the thought that you can gun down anyone that pisses you off. That is not what the right of self defense addresses. Why don't you read my original post, that Rambo replied to.
This article has nothing to do with legal concealed weapons are the right to carry.
I did read your remarks. All of them, three times before I replied to you.
I also read his remarks and he wasn’t advocating Rambo-style defense.
He was placing himself in the position of the guy that is on trial.
It isn’t relevant whether he had a concealed weapons permit or NOT. He WAS armed period.
Wish I could be on that jury...
The last thing you ever want to do is say a particular firearm doesn’t exist.
Proud owner of a semi-automatic revolver and a 9MM shotgun.
A CCW violation is a misdemeanor in WI. I’ve never heard of an otherwise law abiding citizen getting the maximum. Open carry is legal, so an NAA mini in a belt buckle holster could (technically) be legal carry.
There is a good chance this case wouldn’t have seen the light of day in Milwaukee.
The guy was jumped by three guys who were bigger than he was. He shot. He had reason to fear for his life. He should be acquitted.
Likewise, my buddy's WASR ain't no flippin' "Assault Rifle".
Hope your feelin's ain't too sore.
Fortunately, 76 Million American Gunowners DO NOT belong to the NRA and DO believe in the 2nd Amendment.
Next time NRA Talking Points Central directs you disparage people(who are too old to fight,too sick to run or just too weak and vulnerable in general to take a "good beating" from a goblin with too much time on his hands)by using words like "Rambo" remind them it just lowers the overall credibilty of the NRA and further erodes the membership base.
The question here is did the guy break the law, and I would say yes.
I personal know an individual who, using the same type of pistol shot another drunk when they got in a fight. He went to jail for several years.
A derringer is generally the smallest usable handgun of a given caliber unless you expected to see Henry Deringer’s name on the side.
This is the generally accepted definition as I have experienced it, and I have no link to support it.
If you have experienced otherwise, unless you have a link to support it (such as a dictionary entry or description from a manufacturer), then we simply have differing life experience.
In the meantime, if accused of using a "semi-automatic assault rifle", my defense will be "ain't no such thing", even if they provide video, photos, and the serial number of the thing. It must be accurately described, or I get all kooky!!!
The question here is did the guy violate the Constitution or long established Precepts of Common Law and I would say NO.
This incident had elements which included disparity of size, provocative acts, number of assailants, proportionate response-right down to the choice of weapon ( he did not carry a ".44 Magnum, the most powerful handgun in the world" to defend himself, he carried a .22 rimfire mini revolver, hardly a one shot stop pistol)
Any more use of inflammatory language ( Rambo, rant ) outside the bounds of accepted Business English and Common Etiquette from you and you will have lost your priviledge to discuss these topics with me.
Convince the readers of this thread by the tone and temper of your remarks that you are a worthy representative of the NRA point of view-the oldest gun control organization in America.
Auction Arms listing:
Kelly was acquitted on the charges.
Even in Madison, WI, there is a right to self defense.