Thursday, July 7, 2011

Murder or Self-defense? You Be The Judge!


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Mike Lindsey after bloody shirt ripped off by attacker


Imagine it is 2:00 in the morning, and after a nice, lazy Sunday, on  a hot, sultry, July day. The only interruption to an otherwise perfect day, is when a neighbor comes by early that morning to bum some beer off of you (the same neighbor who just stole from another neighbor), and you tell them, "The free stuff is gone, there is a store down the street."

You turn off the TV set, and get up to smoke your last cigarette before retiring to bed.  You walk to the door to blow smoke outside because you don't smoke in the house, and you hear a commotion coming down the street, and someone yelling,  "I'm gonna kick that **'s a**."

You walk outside to see what the ruckus is about, and find out they are coming after you. You have had one fight in your life, and as you try and calm things down, the guy says something like  "You were disrespectful to my wife" and starts attacking you. Grabs you, bust a beer bottle over your head, takes you by the hair of the head, and begins grinding the broken beer bottle into your face, while kicking you in your stomach.  You feel a searing pain in your back (from broken ribs) and think you may have been stabbed.  You call for your roommate.

You yell, "someone call 911",  because you feel you need an ambulance, but everyone around you is drunk and says, "we aren't calling 911 because no one wants to go to jail". You scream to your girlfriend when she walks out, "He got me, he got me good, call 911, but as she tries to get back into the house to call 911, the doors are blocked by your attacker. Your roommate is playing tug of war with your attacker, both of them pulling on you, your attacker trying to attack you again, and your shirt is ripped off in the process.

As your girlfriend runs off down the street to try and find help, you somehow manage to get back into your home, and try and find a cell phone, but your contacts have been knocked out by the beer bottle that was ground into your eye area, and blood is running down your face and into your eyes, and you can't see very well.  You don't see your cell phone anywhere.  You glace back out the front door and your far off vision is murky, but from what you can see, your attacker has his arm around your roommate, Adrenalin is pumping through your veins, (know as the fight or flight hormone), and it looks like your attacker has him in a headlock.

You look around your house to try and find something to protect you and your roommate, and you see a knife on the kitchen counter.  You grab it up, make it back outside, and stab your attacker once in the side to try and get him off your roommate.

By the time your girlfriend makes it back there are 5 or 6 cop cars there, and she fears you have been killed.  Although the cops arrive quickly, it is 45 minutes before an ambulance arrives.  They list you as a priority one life threat, with question of a gunshot wound because there is so much blood, and you tell them there were no guns involved, but that you think you have been stabbed.

Your face is totally bandaged, you can't see anything, and the next thing you know, you feel a cops hot breath on your face, as you are being wheeled into the emergency room, telling you that you are being arrested for murder, and this is how you find out the other guy died from an internal injury, and that he bleed to death waiting for an ambulance to arrive, all while the cop is reading you your Miranda rights. 

 They drop the charges, but after being released from the hospital, they take you directly to jail, and while you are messed up on morphine, ativan, and traumatised from the attack (with a blow to the head, two broken ribs, a partial collapse of both lungs, confusion, and over 50 stitches in your face, they want you to give a statement, and you ask for an attorney. They don't want drunk witness statements, or a statement from the only sober witness, but they want yours, while you are in no condition to give one, and because you exercise your right to an attorney, they charge you with murder once again.

After being arrested and placed in the county jail, which has no medical facilities, you are placed in a Detox cell (because your injuries are too sever to be placed in general population) with a temperature of approx. 60 degrees & full lights 24 hours a day (and held in a Detox cell for 3 weeks due to your injuries).  You are refused pain medication (because they are not a medical facility, and aren't allowed to dispense you the medicine prescribed by the E.R. doctor), and for three days you have no pain medicine, and you are unable to even get off of your mat to eat, or use the bathroom, without one of the other inmates helping you up.

On March 27, 2006, Governor Haley Barbour, signed the Castle Doctrine into law.  This fairly new and very controversial law is called "STAND YOUR GROUND' CASTLE DOCTRINE.    Several cases have already been to trial, with the person most often found innocent, but scare tactics by the police often get people to accept a plea bargain out of fear rather than guilt.  

Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine, that designates one's place of residence (Or in Mississippi, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack.

It then goes on to give a person the legal right to use deadly force to defend that place (his "castle"), and any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.


  1. We are all on a learning plane, and rest assured, Karma will come to the judge that was so harsh, unresponsive, and not a seeker of the truth. No conscience, and worse than the people he puts away.

  2. Regarding the above posted comment, very well put. Hope karma arrives sooner rather than later.

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