Skip to comments.CA:Campbell: Man freed in stabbing of 16-year-old after prosecutors agree with self-defense claim
Posted on 03/22/2014 12:36:43 PM PDT by marktwain
CAMPBELL -- Prosecutors heeded a man's self-defense claim when they decided not to file charges in the stabbing death of a 16-year-old boy during a weekend confrontation at Campbell's largest park, authorities said.
Tharp told investigators he was attacked by Diaz and at least two other people and once he was knocked to the ground and absorbing kicks to his head, he pulled out a hunting knife with a six-inch blade and swung it to ward off his attackers, and Diaz was stabbed.
Buller said Tharp was beaten by as many as six people. Buller said the group, of which Diaz was a member, took offense to something Tharp said to them.
"What is clear is that at some point, Tharp was on the ground, being kicked in the head by numerous individuals numerous times," Buller said. "A reasonable person put in the position of Mr. Tharp would have believed he was in danger of serious bodily injury or death, and could legally respond with deadly force."
It also marks Santa Clara County's third self-defense killing this year that was given credence by authorities. A 22-year-old San Jose man was released from custody after a Feb. 12 stabbing where video surveillance showed that the man he killed, a 26-year-old bouncer in the downtown San Jose night scene, came at him with a knife and pushed him down first. On Feb. 20, a 22-year-old man was killed in the East San Jose foothills by a resident who says the deceased man and an accomplice tried to break into his home and fired shots at him before he returned fire. No arrests or charges have been made in that case.
(Excerpt) Read more at mercurynews.com ...
This shows that ordinary Californians do not need concealed handgun permits!/S
“given credence by authorities”
Works for me. I’m only sorry the guy wasn’t able to do some weird Japanese animation thing and manage to slice up all six attackers at once.
I remain convinced that the greatest deterrent to this sort of thuggery (including such related crimes as the knockout game, etc.) would be for more law abiding citizens to exact a price from their attackers.
He never should have been arrested in the first place, and he’s lucky to be alive.
A colleague and good friend was jumped outside his home close to downtown Campbell a couple years ago. The unprovoked attack put him in the hospital with serious injuries including a broken jaw. He recovered. It’s a nice town...shame to see these gangs totally ruining it.
I’m very glad to see this outcome in this case. The young man should not have been incarcerated in the first place.
I note the article reported that the man attacked had to be relocated outside the county. The invaders would be likely to retaliate.
A little confusing: The dead thug is referred to near the beginning of the piece as Ivan Diaz Amezcua, but then he is just called Diaz in the rest of the story.
A few bits.
First of all, the stabber is a transient. The stabbee was going to an “alternative” high school, which usually means the kids were booted out of their regular high school for disciplinary problems.
Pictures of both individuals can be found here. The stabbee could have been a Son Of Barry, if you know what I mean and I think you do.
Ironically, the mascot of the alternative high school looks like an angry pirate.
His first last name is Diaz (his father’s last name). Second last name Amezcua (his mother’s surname). The official last name is Diaz.