Bennet Shooting - Self Defense or ?

[Dan W]

After review of the case, authorities said there is insufficient evidence to support any criminal charges against Kinney.

So, under our recently modified statutes, does the dad risk civil liability when the boyfriend sues?

28-1416. Justification an affirmative defense; available in certain civil actions.

(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.

(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.
Source

    Laws 1972, LB 895, § 11;
    R.R.S.1943, § 28-843, (1975);
    Laws 2012, LB804, § 1.

Frankly, I don't know if anyone can decipher this statute... What if the boyfriend sues for a different reason than assault and battery? Is recovery barred in that case?

I am still angry at the way Sen Lathrop screwed us over

[NE Bull]

After review by the Lancaster County Attorney's office and Sheriff's investigators, there is
insufficient evidence to support any criminal charges against Michael Kinney. County Attorney Joe Kelly says his office will not file charge against Kinney because he was defending himself and his family.

Did the other media source 'forget' that last statement on purpose.   DEFENSE OF SELF AND FAMILY!

I don't wish anymore more hardships for Mr. Kinney.  That being said, a local case of self defense dragged thru the courts would be nice to throw at Lathrop and his cronies.  It said that the first ting they ask is " Has it ever happened in NE?, Then why do we need to do something?"   It befuddles me why this state is always late to the party.     I mean the Senators will not enact a proactive law, then Huskers always have to be way behind before deciding to play ball ......   

[NE Bull]

http://journalstar.com/news/local/crime-and-courts/prosecutors-bennet-shooter-acted-in-self-defense/article_ba565130-e8ce-5bc7-ad46-6473fe17a106.html

BF now saying Kinney should not get off for shooting him. Sounds like someone is feeding him words to say to the press.  Civil suit on the way??  Thoughts?

[RedDot]

Now that Kinney's threat of prosecution has been dissected, and examined in every miniscule detail,  I want to know if they will pursue prosecution of the BF with as much zeal.  Will groups defending battered women be as vocal and involved as the gun-banners made themselves in Kinney's case? Will the media even bother with this angle of the case?

[GreyGeek]

Lancaster County Attorney Joe Kelly said he wouldn't prosecute the 50-year-old Bennet man for shooting Jeffery Stotler, 21, in the upper chest and stomach with a .22-caliber rifle after Stotler broke into his home March 20.

“What Kinney did was retreat into his own home and then Stotler forced his way in and had already been aggressive and violent outside,” Kelly said.

Lancaster County Sheriff’s deputies initially jailed Kinney on suspicion of first-degree assault and using a weapon to commit a felony, but released him later that day after he paid 10 percent of a $10,000 bond. On Friday, Kelly advised the courts to give him his money back..."

Of course, the thug is whining a different tune:

In a telephone interview from his hospital room, Stotler said Kinney should be punished for almost killing him.

“I almost died. He shot to kill.”

Stotler said he remembers little about what happened that night, but he noted that Kinney is taller than him, outweighs him by about 100 pounds and works as a sergeant at the Lancaster County Jail.

“Why didn't he subdue me? His job is to stop, restrain prisoners. Why would he shoot me if his job and training is to restrain people?"

Duh!   I'm 6'5" and weight 245 lbs, but at 72 yrs of age  I doubt that I  could stand against a 21 year old, even one who thinks that beating on women is a good idea.   Kelly's problem was that his weapon wasn't powerful enough and/or his aim not true enough.

Was the Lancaster County Sheriff deputies a little too quick to jail Kelly and accuse him of suspicion of first-degree assault and using a weapon to commit a felony?  I didn't know that defending ones self is a felony, especially when the thug has just beat up your daughter and broke into your house to continue the attack.    Besides, when do thugs get to make up the rules to suit themselves.  If they don't want to be shot then politely knock on the door and wait for an answer.  If no answer is received then leave the premises. 

[zofoman]

Besides, when do thugs get to make up the rules to suit themselves.  If they don't want to be shot then politely knock on the door and wait for an answer.  If no answer is received then leave the premises.

You are too logical in your thinking Grey.....that is what separates the bad folk from the good folk...ie: common sense.

[JimP]

You are too logical in your thinking Grey.....that is what separates the bad folk from the good folk...ie: common sense.

No, if he's asking the why of a thing he is on the wrong track:

If you ever have to ask the why of a thing, then the answer is always "Money", "Power" or Both.

We don't have a Justice System, we have a Legal System.  If this case were looked upon as cut and dried as it almost certainly is, how does that generate money for, or increase the power of the Lawyers and Judges that populate the system?

The domestic abuser in this case won't be able to pay a Lawyer ..... and his Public Defender won't be able to drag this out very long ...... where's the money in that?  As for power, they already have him ......he's got nothing to lose, now.  Mr. Kinney has a career, and home that he'll be willing to fork over  pretty penny to keep ..... and may even lose his house to finance his defense .....

In a Justice System, the perp in this would be forced to pay his own medical bills, all court costs, reimburse the homeowner for the property damge and for his ammo spent stopping his home invasion, and at the end of it all, get a beating equal to the one he gave the woman.  He ought to be happy he got out of this mess he made still being able to breathe at all.

[unfy]

Glad the charges have been dropped.

Kid whining about shot will get some media attention, wrongfully so.  What was dad supposed to do, wait for kid to beat everyone to death then somehow call 911 ?

I don't particularly see how there can be a civil suit out of this, I doubt the kid can afford a lawyer for it.  If there is a civil suit, I sincerely hope it gets shot down asap due to catastrophic buffoonery.  Breaking down someone's door kind voids any 'poor me' crap right off the bat.

[Greybeard]

Never underestimate the power of stupidity, nor the draw of free publicity, for a pro bono attorney to take the civil case of an idiot. Anything the human mind can conceive, some fool will attempt!! 

[GreyGeek]

nor the draw of free publicity, for a pro bono attorney to take the civil case of an idiot.

Or, a crusading anti-2A attorney exploiting the situation for the publicity to make propaganda against the 2A, regardless of how the case turns out.  Their echo chamber will repeat endlessly the minor victories, slathered in horror stories of gun abuses, but will remain silent when the verdict goes against  them.   Just like the hundreds of thousands of cases of defensive gun use, that story will never reach the MNM.

[bullit]

I don't particularly see how there can be a civil suit out of this, I doubt the kid can afford a lawyer for it

Sadly, UNFY one can be sued by ANYONE for ANYTHING.  In Nebraska you are also unable to collect attorney fees i.e. the homeowner WILL have to hire an attorney out of his own pocket to defend the suit (if complaint filed).  Even if he were found on the side of the angels in a civil suit he will not be rewarded attorney's fees (there are extremely rare exceptions in the this state).  That being said, his homeowners insurance policy (and most do) have a clause to fund and defend a suit should a self defense incident occur on ones property.  In that regard he is fortunate. 

[NE Bull]

Stotler charged with Domestic Assault.
http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault

[Sotex]

I would be interested in the results of Stotler's tox screen upon admittance to the hospital.

[unfy]

Stotler charged with Domestic Assault.
http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault

<3

[Gary]

Good news for the Bennet family.  My last post ended in the word Shame, after I spouted off the voices of doom for the poor father.  Sure glad, so far, I was 180 degrees wrong.   Super news for the Bennet family.  Hopefully, it ends there. 

Someone is going to be pressed for two weeks of medical care for gunshot wounds, and that has to be a bill of astronomical proportions.  Large unpaid bills, have a way of looking for pockets to pay them. 

[HuskerXDM]

Now that his actions have been found to be justified, the father is protected from civil action.  This might be one of the first cases where we get to see the 2012 civil protection law in action and see how it works. LB804 or 807? I can never remember which was which...

[bullit]

the father is protected from civil action.

Not necessarily.  He can still be sued via civil complaint and possibly (although not probably) lose.... LB804 simply changed that "justification defenses provided for under sections 28-1406 - 14016 SHALL BE AVAILABLE (emphasis mine) in any civil action ....." 

Previously the law ("justifiable conduct") did not abolish or impair any remedy (i.e. MONEY) for such conduct in a civil complaint.         

I am not an attorney, but that is what I get out of   nebraskalegislature.gov/FloorDocs/102/PDF/Final/LB804.pdf