Jury Acquits Homeowner in Self-Defense Shooting vs. Police Raid (Chicago)

[Kirk Freeman]

Homeowner subject to violent police raid after an air knock. Homeowner shoots and wounds two officers, 37 rounds of return fire. Thank goodness no one is dead.

Truly a nightmare scenario.

Chicago Criminal Defense: A Closing Argument

 

[mrjarrell]

LOL. I knew you'd be along with this one. I read it this morning, (and was amazed that the poor guy survived). Glad to see he had a savvy defence lawyer and a good jury. This is how more of the these cases need to turn out. Amazed that it happened in Chicago. Bet he's on their list for the rest of his life.

 

[IndySSD]

Holy CRAP in CHICAGO of all places!!!


Maybe there's a shred of hope for those in the state to our west....

Besides the Jury, this lawyer appears to have done a good job of explaining and conveying that Kenny was defending himself, in his home from unknown attackers and that Kenny did his best to stop the threat at hand without putting anyone in harms way besides the attackers, which is more than what can be said for the officers executing the warrant. Well done.

LOL. I knew you'd be along with this one. I read it this morning, (and was amazed that the poor guy survived). Glad to see he had a savvy defence lawyer and a good jury. This is how more of the these cases need to turn out. Amazed that it happened in Chicago. Bet he's on their list for the rest of his life.

Yeah, I'd have to agree with you, might be time for him to relocate ....

 

[Kirk Freeman]

Bet he's on their list for the rest of his life

In Chicago, you bet ya! I'd pack up and run like the wind.

What's the line from Animal House?

"If I were you boys, I'd be . . . "

"Leaving! What a great idea."

 

[ATOMonkey]

In Chicago, you bet ya! I'd pack up and run like the wind.

What's the line from Animal House?

"If I were you boys, I'd be . . . "

"Leaving! What a great idea."

Mind if we dance with yo dates?

 

[IndySSD]

Hmmm..... I think I'm going to make a homemade "business card" and put it in my wallet of his information as a "Just in case I have to succumb to my wife and take her to Chicago" precaution.

I've only succumbed four times I think in the last 12 and a half years but I'm sure that I won't be able to stave her desires off forever.

Kirk, I owe you one, thanks for posting this.

 

[Blackhawk2001]

Good job! to Kenny's counsel. Sounds like Kenny had better move in full-time w/his Indiana girl friend. Maybe needs to change some of his friends, too.

 

[IndySSD]

Good job! to Kenny's counsel. Sounds like Kenny had better move in full-time w/his Indiana girl friend. Maybe needs to change some of his friends, too.

KH (the former crack dealer) is his brother.... can't choose your family, you can just choose to not be around them...

 

[Kirk Freeman]

Indy, I lived in Chicago 3 years. It's not so bad. CPD did try to shake us down when we were walking to Lem's Ribs but other than that no run ins.

When you take her back: the boat tour, the museums, Hyde Park, and a bunch of great restaurants.

 

[IndySSD]

Indy, I lived in Chicago 3 years. It's not so bad. CPD did try to shake us down when we were walking to Lem's Ribs but other than that no run ins.

When you take her back: the boat tour, the museums, Hyde Park, and a bunch of great restaurants.

I don't particularly care for Chicago. I've yet to have any serious incidents with CPD but I've been threatened multiple times by multiple denizens of downtown. Of course that was all when I was a young and dumb teenager driving up there with my buddies.

Now that I'm older and understand politics a little bit more I avoid IL on principal more than anything. BUT when I go, I might hit you up for suggestions on romantic dining!

 

[88GT]

KH (the former crack dealer) is his brother.... can't choose your family, you can just choose to not be around them...

Or to let them be around you!

Good news all around though I did take issue with the defense attorney's attempt to draw a distinction between a foot and a battering ram, from a strictly logical position. I get why it was used for the case at hand.

Probably a good thing they didn't use it. The inability of the foot to relocate the door from its hinges probably saved Kenny's life. He would have been in the act of retrieving his firearm while his brain processed the event unfolding before him. But he'd be shot with prejudice before he had time to fully realize what was going on if the door had been completely knocked down.

Of course, this isn't a case of LE entering the wrong address either. So perhaps the distinction is moot.

I'm rather impressed with the jury's collective ability to see past the "safety" BS that is used to justify these behaviors. Maybe people are starting to see it.

 

[NYFelon]

This is great news. I'd have to agree that this guy had best walk on egg shells until he can get the heck out of dodge.

 

[gglass]

The World has turned on its head!

A man can be acquitted in Chicago for firing at unknown attackers (police), but the Supreme Court in Indiana says that home owners must passively submit to the same kind of forced entries into their homes by the police.

http://www.ai.org/judiciary/opinions/pdf/05101101bd.pdf

Crazy World!

 

[Blackhawk2001]

The World has turned on its head!

A man can be acquitted in Chicago for firing at unknown attackers (police), but the Supreme Court in Indiana says that home owners must passively submit to the same kind of forced entries into their homes by the police.

http://www.ai.org/judiciary/opinions/pdf/05101101bd.pdf

Crazy World!

Don't get too jazzed; both cases were aberrations.

 

[jgreiner]

Indy, I lived in Chicago 3 years. It's not so bad. CPD did try to shake us down when we were walking to Lem's Ribs but other than that no run ins.

When you take her back: the boat tour, the museums, Hyde Park, and a bunch of great restaurants.

I wouldn't mind visiting Chicago if I could legally carry there. But no way in hades am I going to visit there if I can't.

 

[Palarran]

I often say: In this country it is better to be guilty and rich than poor and innocent. This man was very lucky to have such a committed and competent attorney-one that was able to make the system work for his client even though it was trying to railroad him.

I read the attorney's other blog posts. They made me sad as to the state of the justice system in our country. I think its worse because he is dealing with Chicago, but the fact that this could be true anywhere in the US is disheartening. He is the kind of lawyer this country needs more of, and I would say that this would be a much better nation if many more attorneys were like him.

 

[Palarran]

This attorney has a very interesting and eye opening post on the routine violations of people's rights in the poor parts of Chicago here.

After reading this and his other posts, and now that I think about it, it becomes very, very clear why Illinois has made it illegal to record police interactions without their permission. The police, and by extension, prosecutors and judges in Chicago, want to be able to violate black (or if you prefer, urban) citizen's rights with no fear of repercussions. Heaven forbid that they wouldn't be able to lie on the stand with impunity. (Note: I am not saying that all Chicago cops lie all the time. But I do think that very many of them lie often, and it may be a generally accepted practice when the suspect is "urban.")

 

[Kirk Freeman]

it becomes very, very clear why Illinois has made it illegal to record police interactions without their permission. The police, and by extension, prosecutors and judges in Chicago, want to be able to violate black (or if you prefer, urban) citizen's rights with no fear of repercussions.

You radical. Next you'll be saying that this is why law enforcement fought IRE 617 tooth and nail.

 

[newtothis]

Or to let them be around you!

Good news all around though I did take issue with the defense attorney's attempt to draw a distinction between a foot and a battering ram, from a strictly logical position. I get why it was used for the case at hand.

Probably a good thing they didn't use it. The inability of the foot to relocate the door from its hinges probably saved Kenny's life. He would have been in the act of retrieving his firearm while his brain processed the event unfolding before him. But he'd be shot with prejudice before he had time to fully realize what was going on if the door had been completely knocked down.

Of course, this isn't a case of LE entering the wrong address either. So perhaps the distinction is moot.

I'm rather impressed with the jury's collective ability to see past the "safety" BS that is used to justify these behaviors. Maybe people are starting to see it.

Had they used the battering ram, then there would have been less "impropriety" on behalf of the police (the police might have been able to state that they were executing a legal and valid search warrant, and that the shooting was one of the issues with serving a high risk warrant). That is why they lost the case, and that is also why he is still alive. I agree that he would have been considered an armed and dangerous suspect (and after police yelled "drop the gun" a few times), he would have been shot with extreme prejudice (something that I wont go into detail, because I can see it from both sides).

 

[beararms1776]

Bet he's on their list for the rest of his life.

Yeah. The watch out for that guy he might defend himself list.