This is a case of Justice Not Served if ever I read about one. Murder charge against Randolph County man dismissed
The DA tried to dismiss the case, as being justifiable self-defense. The judge wasn't having it.
There was an argument and the guy who got shot was driving a side-by-side UTV at the defendant who was standing on his own driveway, clearly trying to run him over.
The circuit court sealed the motion to dismiss on May 31 and later denied it at a hearing. Cross later petitioned for a Writ of Prohibition, claiming “the circuit court abused its legitimate powers by denying the State’s motion to dismiss the indictment.”
A decision filed by the West Virginia Supreme Court of Appeals on Tuesday, Nov 12 determined that the circuit court could not enforce the denial of the state’s motion to dismiss, effectively dismissing the murder and firearm charges against Cross.
Randolph County, West Virginia, is about 140 miles west of Washington, D.C., or about 200 miles east of Cincinnati. Though it will be a longer drive.
They don't say so, but I suspect that there was something more going on. Why would a judge not dismiss a case that the DA had no intention of trying, because it was clearly self-defense. Did the judge know the parties involved, or does he just hate guns and gun owners? We probably won't ever know.
At least the correct decision was reached in the end. Self-defense is a human-right.
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