No matter how justified your action is, no matter how in fear for your life you were, you might still be charged because of political reasons, as George Zimmerman was, or you might be charged because of an over zealous anti-gun prosecutor. I believe I wrote about this case last year
Several of you have passed along stories in recent days about the bizarre murder case being brought against US Air Force Tech Sgt. Matt Pinkerton, but it wasn’t until I saw the description of events posted in Bullets First that I realized just how outrageous the charges were:
Matt and Jessica [Pinkerton] were entertaining another couple one of whom was Matt’s brother Mike. [Kendall] Green showed up shortly before 2am demanding to see Jessica. Matt refused to let him in and closed the door on him then turned to return to his wife and guests. It was at that time that Green kicked in the front door and stormed into the house.
Matt, who had retrieved his Glock 17 when he first heard someone outside (not unreasonable when he wasn’t expecting anyone at 2 in the morning) still had it on him when Green busted in the front door and came at him. Matt fired once from 10 to 15 feet away and when Green continued toward him fired again.
This is a textbook example of Castle Doctine, where a homeowner has the right to treat anyone forcing their way into a home is to be considered a deadly threat.
Assistant State’s Attorney Glen Neubauer asserts that after Green kicked in the door and was charging Pinkerton from just 10 feet away, Pinkerton should have called 911
See what I mean? There was ZERO justification for charging this man with murder, YET, an Assistant State’s Attorney. went ahead and brought charges. This time, it worked out for the good guy
Our friend and Bearing Arms contributor Mike McDaniel has been following the Pinkerton case on his own site, and now reports that charges against Pinkerton have been dismissed by the judge… and that’s no small thing:
…Pinkerton was apparently not acquitted, in other words, found not guilty of the charges. There is a significant difference in the process of the similar outcomes. To be acquitted, one much normally endure a complete trial and a jury must render a “not guilty” verdict. In this case it seems that the judge determined that there wasn’t enough evidence to sustain any of the multiple charges against Pinkerton. If this trial followed the normal course of such things, after the prosecution presented its case, the defense asked that the judge dismiss the charges because the prosecution failed to sustain its burden of proof, and that request was obviously granted, likely with prejudice, meaning the charges cannot be refilled in the future. If so, the case is over.
There is, however, one additional possibility: the judge might have dismissed prior to the conclusion of the prosecution’s case, so obvious was the prosecution’s lack of evidence, so poorly did the prosecutor observe Maryland state law. If that happened, it is unusual indeed. Prosecutors normally do not bring murder charges absent a very strong case, and judges are normally reluctant to dismiss a murder case before all potential evidence has been heard.
I have argued before that the anti-gun nuts are intent on banning self-defense eventually. This case bears that out all too well, as does this one from The Yankee Marshal