The supposed victim, Jimmy Dewayne Johnson, attempted to take my life with a bat in my own home. Autopsy reports indicated a high alchol level in his blood. I am fully disabled and a veteran. The state of Arkansas convicted me of voluntary manslaughter and sentenced me to 10 years of a maximum security prison. I am awaiting an appeal decision and then a bed. It has been over a year since my conviction. I dont feel that my case was properly representated by my court appointed defense. The 'victum' has a long violent criminal past. I have been a productive member of the community for many years. My disability is derrived from a degenerative nerve disease from previous injuries. I had my wife immediately call 911 after i fatatily wounded Jimmy Johnson with a butcher knife to the abdomen. When a policeman kills a suspect, they are judged on the basis that they have been properly trained. It is not fair to put the same guidelines on an untrained civilian, but that is the current law.
2007-03-26 02:12:13 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your disability has nothing to do with the situation. According to the Americans with Disabilities Act, a person with a disability has should have equal access to services and buildings offered in the community.
As a person with a disability, if I were to commit a crime, I would have the equal opportunity to serve my time like everyone else. If I needed accommodations, the judicial system would need to meet my needs so I may serve my time that has been sentenced to me.
Now, for your LEGAL situation, you need to work with your lawyer.
2007-03-26 03:01:38 · answer #1 · answered by Erica, AKA Stretch 6 · 0⤊ 1⤋
I am always skeptical when we usually talk about our own innocence, however, if the facts you state are the way things happened, then you are the victim of a misused manslaughter law.
The whole reason for manslaughter in my way of thinking was to give the courts the ability to see a situation like this and give light sentences. However, this law has been used and abused like many others and now you face a fairly stiff sentence because of it.
Change your legal representation, but first look at your case and look at the appealable causes - were they due to error by your lawyers or more technical court related causes.
Being to hasty in taking the "firing" revenge on your lawyers takes away a resource who has good overall knowledge of the case and the appeal causes.
Good luck
2007-03-26 09:21:03 · answer #2 · answered by M v 1 · 1⤊ 1⤋
The open part, needing to be addressed is, you state in your first sentence that Jimmy attempted to take your life.
Who was the initial aggressor?
Your statement sounds like I am a good person with a disability therefore I should be allowed to murder someone. You spent more time recapping your disability then explaining why you did a hatchet job on Jimmy.
2007-03-26 10:18:28 · answer #3 · answered by Anonymous · 1⤊ 1⤋
I will say that I think it is wrong to punish someone for defending themselves when they feel their life is in danger, even if it does result in the death of the perp. He shouldn't have been in your house in the first place and been a criminal. Had the events that took place that lead to his death had never happened, he would still be alive. Regardless of a victims abilities or disabilities, I think that it should be a given right to defend ones self, their family, their property and their home. If more victims were in a situation that they could defend themselves, we would have far less innocent people being murdered. My prayers are with you.
2007-03-26 09:28:15 · answer #4 · answered by mom of 2 5 · 1⤊ 1⤋
Disability has nothing to do with conviction. Apparently you weren't disabled enough so that you couldn't kill the 'victum".
It would appear the jury found enough evidence to convict and something tells me that we aren't hearing the whole story here. Why even ask this question on here? No one here can help you. Only competent counsel can assist you now.
2007-03-26 09:23:23 · answer #5 · answered by chuck_junior 7 · 1⤊ 1⤋
If the man was in your home
attempting to threaten or harm you with a weapon (baseball bat)
and you killed him, it should be self defense
You did the right thing
Had it worked out differently and Jimmy killed you , he would have killed your wife also, to eliminate the witness
You Did Good
I pray that your appeal will be granted andf that you win.
If things happened the way you say, God is on your side
Good luck
2007-03-26 09:23:50 · answer #6 · answered by Anonymous · 2⤊ 1⤋
I work for an attorney and yes, I believe that it was fair. All the facts would have been revealed at court and just because you are handicap, doesn't mean you can do anything do you want. You took a person's life. You obviously got charged with voluntary manslaughter. That means that you wanted to kill him. Unless your rights were revoked, you deserve what you got!
2007-03-26 09:21:00 · answer #7 · answered by Anonymous · 0⤊ 2⤋
There are several things to consider: One, if he attacked you (which he didn't); two, if you had reason to do what you did (self-defense); and the big one, the definition of voluntary manslaughter. If he attacked you and you called the police afterwards, there's no crime being commited. It was self-defense; meaning it would take the poorest defense or the sorriest jury to convict you.
2007-03-26 09:18:21 · answer #8 · answered by Huey Freeman 5 · 1⤊ 1⤋
The killing of another outside of war is wrong period. Self defense gets you what you were charged with. The law is the law and there should be no exceptions due to disabilities. I am truly sorry for you however justified, but other measures should have been taken before the final one you took.
You have my deepest sympathies.
2007-03-26 09:19:06 · answer #9 · answered by Ted 6 · 0⤊ 2⤋
Oh there absolutely has to be more to this than what you've put forth. No way did it happen like that, sorry. Nope. I'd like to see the police report and subsequent investigation. It did not happen like this.
2007-03-26 09:59:12 · answer #10 · answered by dude0795 4 · 0⤊ 1⤋