I suspected that it was. Judge rules in favor of defendant who claimed he acted in self-defense in Cedar City road rage shooting
A judge has dismissed multiple felony charges filed against a motorcyclist who allegedly shot another man during a road rage confrontation in Cedar City in June 2024, with the court ruling the defendant had discharged his handgun in self-defense.
Cedar City, Utah is about a 250 mile drive south of Salt Lake City, or roughly a 170 mile drive northeast of Las Vegas, Nevada.
There are still more charges, but not aggravated assault.
And because, even in roughly rural Utah, DAs HATE self-defense.
Prosecutors are considering appealing the court’s decision, Deputy Iron County Attorney Trajan Evans told Cedar City News on Tuesday.
This is aside from the fact that there is video of the guy who got shot walking toward the defendant after there had been a punch thrown by the guy who got shot.
“At this time, Stolworthy testified he could not see out of his left eye, his nose had been ruptured, he could taste blood, and then he can hear Mabbitt coming at him and saying something like ‘you're (obscenity) dead,’” the court document states.
The judge ruled that he had a reasonable belief he faced more of the same, and so defending himself was legal.
But the DA wants to win. Why? Because DAs don't care about Justice; they care about winning.
Oh, and the guy who threw the first punch? He hasn't been charged. Maybe getting shot constitutes punishment, but isn't that battery?
For the time being, self-defense is legal in Utah.
Too many liberal DAs are just like criminals. They try to see what they can get away with.
ReplyDeleteThe DA at that juncture should not be appealing. Once self defense is pled, the burden is on the DA to prove, beyond a reasonable doubt, that it was not self defense, which he cannot do. By futilely continuing the case, he is using the law as an offensive weapon against 5he defendant, and maliciously prosecuting him.
ReplyDeleteIt isn't self-defense just because the defendant claims that, but this case is pretty clearly justified based on the info we have in the article.
DeleteAnd I agree. Once this judge ruled, the DA is no longer pursuing Justice. He is playing politics.
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