Posted on 02/28/2014 5:57:39 AM PST by rellimpank
A Milwaukee man who used his legal, concealed handgun to kill an acquaintance who started a fight with him was sentenced Thursday to 18 years in prison.
A jury last month rejected Phillip K. Green's claim of self-defense in the fatal shooting of Ernest Banks during a men's night out in May and found him guilty of first-degree reckless homicide while armed.
Other witnesses confirmed that Banks, 26, had initiated the fight and was the aggressor, but also that he was unarmed and two other men in the group had tried to get between him and Green when Green, 40, fired a single fatal shot.
Banks' family had asked Milwaukee County Circuit Judge Jeffrey Wagner to impose the maximum sentence of 40 to 45 years. Banks' brother, mother and wife spoke movingly about his role as provider and father to four boys.
Assistant District Attorney Grant Huebner said it was "not a max case." He said the fact Green has no criminal record, called 911 after the shooting and cooperated with investigators suggested a sentence of 20 to 25 years would be appropriate.
(Excerpt) Read more at jsonline.com ...
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Statistically it has to happen once in a while. The “mens night out” implies drinking. Failure in judgement to take along a weapon.
Indeed. I'd sooner drive with a few pops under my belt than carry a firearm.
While carrying, I avoid any and all arguments or situations that would lead to them. Of course, you should never drink either. I don’t know all the circumstances that led to this man’s conviction but the jury did not think he was justified in the shooting. Some people behave more aggressively while armed. That is not a smart thing to do.
Does anyone know the facts in this case? Aside from being perhaps intoxicated and armed, which I believe is a violation of the law in Wi, what happened wherein a guy was accosted and shot the attacker yet was charged with a crime??
Wisconsin Law
Taverns. A licensee may carry a handgun
into a tavern, bar, or other establishment in
which alcohol beverages may be consumed,
but only if the licensee is not consuming alcohol
while on the premises.
More here:
“Description: The State of Wisconsin charged Phillip K. Green, age 40, with first-degree reckless homicide while armed with a deadly weapon during a fight with an unarmed friend.
Defendant claimed the shooting was justified because he feared for his life after being beaten by one of the three men with whom he had gone bar hopping.
Defendant had a permit to carry a concealed weapon and waited for police to arrive after the shooting in the alleged belief that he had acted in self defense.”
http://www.morelaw.com/verdicts/case.asp?n=&s=WI&d=64454
Indeed. I’d sooner drive with a few pops under my belt than carry a firearm.
The only concern is the judgement of the carrier not to draw the gun.
Guys that do are the same guys who get into bar fights. Some of us simply never will because we don’t have the temperament.
Lawful or not, I reserve the right to self defense and defense of my loved ones whether or not I’ve had a few.
Anyone who disagrees may tell me whether they will resist a home invader with a firearm at home even if they’re had enough drinks that they know they’d be illegal to drive.
I’m also willing to take the consequences if caught carrying while drinking (loss of permit) or in a self defense situation (liability for missed shots, perhaps alive in prison instead of a dead free man).
In Colorado, you can carry into a bar, and you can drink in a bar. You just can’t be DRUNK in a bar. The non-carrying guys at my job were kinda surprised when I told them this.
I believe Wisconson’s law follows Michigans CPL law, which is a zero tolerance for blood alcohol while carrying.
Too much TV, I’ve no doubt the man wasn’t trying to kill the other guy. Just teach him a lesson. According to TV we can shoot people and they just spend a few day’s in the hospital and get out and everything’s all okay.
If there’s a case where civil damages are warranted, this is it. 18 years parole in 10 and all the money the family can sue for.
This event helps illustrate why drunkenness is a mortal sin.
Clear case of self defense and the guy is getting rail-roaded.
Are you kidding me?! That is exactly what self defense is all about. Did you read the story just a couple days a go where a guy died from a single punch? Things like that happen all the time. Detached retina so you can't see the same ever again? Just some guy trying to teach you a lesson right? Dislocated jaw that never heals quite right? Teeth knocked out of their sockets? Broken Orbital socket? Broken rib? These are all serious injuried that can result in permanant pain and discomfort all from a single punch.
As once free citizens we were not required to take a beating to prove that Government has the monopoly of force. Now that is all that is happening. We are quickly getting to the point where can't legally defend ourselves from any aggressor.
Dude, I’m attributing too much fantasy TV violence for the cavalier attitude of why somebody would pull out a gun and shoot somebody they were fighting when that person was being restrained vis-a-vis they don’t understand exactly how much damage they can do. It’s the Wile E. Coyote syndrome.
It used to be clear cut legally that if one initiated violence on a party then anything said party did to stop the violence is completely justified (assuming no third parties are injured in the process).
Concealed carry conviction
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