Steal2B
.700 Nitro Express
I ran accross this on a 1911 forum and was suprised it did not come up here.
In rough summary ... Recently a licensed concealed carrier was at an employer Christmas party, someone hit on his fiance (and mother of his three children), although no words were spoken that someone with his brother soon ganged up bum rushing the concealed carrier, the concealed carrier tried multiple times to disengage from the altercation and eventually after giving warnings shot one of the assailants after they refused to allow retreat. From her statements, it seems that the DA believes that if a gun is used in self defense, only a jury can determine if it was a self defense case with the State's resources trying to prove otherwise during a trial.
"Shortly after his arrest, Damien M. Marvin, 25, of Salamanca, told New York State Police that the 40 year old victim and the victim’s brother assaulted him both in the Villaggio bar and restaurant and again out in the street once the three of them were thrown out of the establishment.
“After the second time he had assaulted me, I feared for my life,” Marvin told investigators. “After the three verbal warnings, I took one single shot.”
According to the complaint against him, Marvin used his legally possessed Glock handgun to shoot 41-year-old Brandon Janesz once in the abdomen
who remained in critical condition at Erie County Medical Center in Buffalo.
Cattaraugus County District Attorney Lori Rieman argued she had met the burden of proof that Marvin committed first-degree assault: intending to cause serious physical injury to a person and causing such injury “by means of a deadly weapon or a dangerous instrument.” “I know there’s definitely a self-defense justification taken," but “That’s something that would ultimately be decided by a jury.”
Marvin’s attorney, Cattaraugus County Assistant Public Defender Ben Smith, argued that Marvin was justified in shooting Janesz, noting testimony that showed Marvin tried to walk away from the altercation. “You’re attacked outside a bar by two gentlemen you’ve already had an altercation with that you tried to abandon,” Smith said of Marvin. “ … I think we have an absolute showing of justification in this case.”
Marvin was there for a Sixt Lumber Christmas party when he noticed either Janesz or Janesz’s brother speaking to Marvin’s fiancée at the bar, according to Marvin’s statement. Marvin said he did not say anything as he approached his fiancée and the couple walked away from the man.
Marvin told police that when he went back to the bar area to retrieve a forgotten drink, Janesz hit him in the side of the head.
The bar manager testified that he and other staff removed all three from Villaggio and then followed them outside to “make sure they went their separate ways.” “I saw both brothers push the defendant down to the ground from behind, and then I saw Janesz fall into a snow bank, and at that point I saw the defendant pull a gun out of his hip and shoot (Janesz)."
After being knocked to the ground from behind, Marvin told police he pulled out his gun while walking backward into the road and giving three verbal commands of “stop, I have a pistol.” He said Janesz “kept coming at me” so he shot
Marvin then dropped the gun and put his hands in the air, while the bar manager placed his foot on the gun and called 911. State police arrived within a minute and took Marvin into custody.
Ellicottville shooter: ‘I feared for my life’
https://forums.1911forum.com/#/topics/979830?page=1
In rough summary ... Recently a licensed concealed carrier was at an employer Christmas party, someone hit on his fiance (and mother of his three children), although no words were spoken that someone with his brother soon ganged up bum rushing the concealed carrier, the concealed carrier tried multiple times to disengage from the altercation and eventually after giving warnings shot one of the assailants after they refused to allow retreat. From her statements, it seems that the DA believes that if a gun is used in self defense, only a jury can determine if it was a self defense case with the State's resources trying to prove otherwise during a trial.
"Shortly after his arrest, Damien M. Marvin, 25, of Salamanca, told New York State Police that the 40 year old victim and the victim’s brother assaulted him both in the Villaggio bar and restaurant and again out in the street once the three of them were thrown out of the establishment.
“After the second time he had assaulted me, I feared for my life,” Marvin told investigators. “After the three verbal warnings, I took one single shot.”
According to the complaint against him, Marvin used his legally possessed Glock handgun to shoot 41-year-old Brandon Janesz once in the abdomen
who remained in critical condition at Erie County Medical Center in Buffalo.
Cattaraugus County District Attorney Lori Rieman argued she had met the burden of proof that Marvin committed first-degree assault: intending to cause serious physical injury to a person and causing such injury “by means of a deadly weapon or a dangerous instrument.” “I know there’s definitely a self-defense justification taken," but “That’s something that would ultimately be decided by a jury.”
Marvin’s attorney, Cattaraugus County Assistant Public Defender Ben Smith, argued that Marvin was justified in shooting Janesz, noting testimony that showed Marvin tried to walk away from the altercation. “You’re attacked outside a bar by two gentlemen you’ve already had an altercation with that you tried to abandon,” Smith said of Marvin. “ … I think we have an absolute showing of justification in this case.”
Marvin was there for a Sixt Lumber Christmas party when he noticed either Janesz or Janesz’s brother speaking to Marvin’s fiancée at the bar, according to Marvin’s statement. Marvin said he did not say anything as he approached his fiancée and the couple walked away from the man.
Marvin told police that when he went back to the bar area to retrieve a forgotten drink, Janesz hit him in the side of the head.
The bar manager testified that he and other staff removed all three from Villaggio and then followed them outside to “make sure they went their separate ways.” “I saw both brothers push the defendant down to the ground from behind, and then I saw Janesz fall into a snow bank, and at that point I saw the defendant pull a gun out of his hip and shoot (Janesz)."
After being knocked to the ground from behind, Marvin told police he pulled out his gun while walking backward into the road and giving three verbal commands of “stop, I have a pistol.” He said Janesz “kept coming at me” so he shot
Marvin then dropped the gun and put his hands in the air, while the bar manager placed his foot on the gun and called 911. State police arrived within a minute and took Marvin into custody.
Ellicottville shooter: ‘I feared for my life’
https://forums.1911forum.com/#/topics/979830?page=1
Last edited:
