Deceased:
Seems like charges could and should be brought against the prosecutor.
It's good that he isn't in prison for life, but he's still pretty well screwed by the system. He should be made whole.
/johnny
I found an interesting article with a few more details about how things went down and the initial charges:
Apparently, Drennan tried to retreat after being chucked over the fence. He also shouted at the guy in warning before firing, and (according to Drennan) Hoster shouted “Shoot me!” at him. (One guesses in defiance?)
Also, part of the prosecution’s case was apparently that “common sense” dictated that a reasonable self-defense shooting would involve only pulling the trigger once or twice (Drennan fired 5 shots, hitting with 4 of them). That was thrown out too, apparently.
The prosecutor’s comments seem an odd justification for overturning a conviction. The job of the judge is to correct misstatements by either side so the jury understands the law. And isn’t it the job of the defense to object when the prosecution oversteps?
Folks in that Wyoming area need to vote out that DA. It is pro crime to go after a self defense case
The decision of whether to initiate a retrial fell on Bennett, the Fremont County attorney, who was not the prosecutor the first time.
They elected a new DA. Elections have consequences.
Classic example of prosecutorial abuse and criminalit.
Unfortunately as has been pointed out DA’s enjoy a
virtual carte blanche of immunity. You are quite literally
more likely to win the Superlotto jackpot than to actually
see a DA face justice for their criminality. On those
rare instances where a wronged plaintiff is recomensed
financially it is the usual victim....the taxpayer....who
pays, not the criminal in a thousand dollar suit.
DA’s, like so many blackrobed pirates infesting the bench
need to swing from lampposts for these abuses. If this were
to happen we’d see far fewer instances of judicial abuses
by the state and judiciary. Vigilantism is rapidly becoming the ONLY recourse left for citizens.
Juries don’t have to follow “the law”.
If the jury thinks it was justified self defense they can acquit - law or no law.
Its called jury nullification.
http://legal-dictionary.thefreedictionary.com/jury+nullification