From the Heartland

This is my soap box, on these pages I publish my opinions on firearms and any other subject I feel like writing about.

Friday, November 12, 2004

Prosecutor can not prove it wasn't self defense

As far as information released or writes in the press go this story has been one abstract after another. A short story here or a short story there, it has been parcelled out in bits and pieces. Even this article is brief and abrupt.

The gist of the story, as has been reported in the Lincoln Journal Star is that the deceased 19 year old Lerodrick Johns was a passenger in an automobile being driven by his elder 25 year old brother Kevin Johns. The Elder Johns pulled his automobile into a driveway and shot at 18 year old Jemaine Sidney.

Sidney returned fire with the bullet stricking the younger Johns in the chest. Prosecutors apparently charged Sidney with the death of Lerodrick Johns, but have since drops these charges.

Prosecutors said Wednesday they decided to dismiss the charge against Sidney because they believed they could not prove beyond a reasonable doubt that he did not shoot in self defense.

Nebraska law affirms the use of deadly force when the actor believes it is necessary. If the actor states the belief that he/she acted in self-defense he/she does not have to prove it was self-defense, the state has to prove it wasn't. This same principal also applies when the actor comes to the aid of another.


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