Man legitimatley defends himself then gets imprisoned for murder

[longslide10]

All because the attorney's office was flooded with phone calls and e-mails demanding prosecution.

The county attorney charged Fish with murder. A jury convicted him, and Fish was sentenced to 10 years in prison.

However, the story has a happy ending.

Read more: Guns in Arizona: Killing in self-defense led to misery for man

 

[Dennis1209]

Yep! That's what every CCW holder should expect and plan for in the unlikely event that occurs to you. Liberal public opinion and over zealous prosecutors have convicted more than this justified self defense shooting victim. Moral of the story: He's still alive. The downside is the prosecutor ruined him financially for life.

Since the scumbags relatives can sue for wrongful death, why can't the victim sue the scumbags relatives for legal fees?

 

[BC1]

But Fish was not prepared for what was to follow.

He was put on trial and found guilty of murder. He was imprisoned. He faced the possibility of a civil trial from Kuenzli's family. He still finds himself in deep debt to pay his attorneys, who were able to get an appellate court to toss his conviction in 2009.

"What nobody teaches is what happens when you use that firearm," Fish said, speaking from his Glendale home.

I'll say it again... Even if you are 100% justified in using a firearm for defense it will ruin your life. Read "In The Gravest Extreme" by Mas Ayoob.

 

[kelcarry]

Regardless of the story. Die because you did not draw and fire------Go to jail on a senseless charge because you are alive and you drew and fired. Is there really a choice? It is the old "rather be tried by 12 than carried by 6" scenario. You really do wonder if there is not some way that this guy can at least recover the monies lost due to this vindictive political prosecution---even the emotional toll and days in jail should have a value. Sounds like the Duke Univ lacrosse players who never raped the lady but went thru hell--that DA got it up his behind by the time that ended.

 

[longslide10]

Maybe he should try and file a law suit against the DA for an unjust prosecution and the town for the time he spent inside

 

[walt629]

Another fine reason and example why tort reform should be on the forefront of every political discussion.

 

[Caribou]

This is a case where the prosecutor used the carry ammo to persuade the jury to convict. I suspect that the defense attorney didn't have a lot of jelly in his donut but Fish is the one left to pay the price. If you carry I strongly recommend that you make a plan for your legal defense. You plan for the physical defense of yourself and your family. If you don't plan for your legal defense how does that affect your family? They may survive with you in jail but the cash will be less and they will be vulnerable to another attack. You may get on base with a bunt but you will need followthrough if you want a home run.

 

[TattooedMama]

It is always frustrating and sad to hear stories like this. We supposedly have the right to protect ourselves. As of yet the government has not stolen our tools for self protection but they make damn sure that if you used them you're screwed.

 

[rpedrick]

I think he can file a civil claim against both the family of the offender, and also the prosecutor. Most likely the city or county involved will settle out of court, and try to keep everything under the table. They do not want anyone knowing they made a mistake.

 

[CathyInBlue]

Fish's conviction was tossed out by the Arizona Court of Appeals, which ruled that the jury wasn't told enough about Kuenzli's violent past or the aggressive nature of the dogs and didn't get proper instructions about what constitutes an attack.

Up until this happened, the judge and prosecutor had the insulation of the jury verdict to claim that they couldn't be held responsible for the imprisonment of an innocent man. After it, they should both be held liable for same. As for the info about Kuenzli's violence and the dogs' aggressiveness, where was Fish's lawyer? Couldn't HE bring these things up?

There was one morning when I had to go to school (college, no self-defense allowed), after I went out the front gate onto the public sidewalk, the neighbor's (different neighbors, same apartment from IAT) dog came out and was barking and growling at me from just a few feet away. I froze.

Luckily, the dog's incessant barking brought the owner out who managed to call the dog back. Before I left, I yelled at him, "Letting your dog roam free, unattended like that, is a good way to get it killed." His oh so eloquent response, "F**K YOU!"

F**k me, indeed. F**k me all the way to the police station after school where I swore out a complaint for a vicious dog. That got them a talkin' to by Ofc. Friendly about the city's leash law. They didn't like that, Not. One. Bit. They walked him on a leash for about 3 days before they started letting it run free again. I made a phone call to the police. The police gave them a citation and a warning that the next time it happens, they'll euthanize the dog. Later that same evening as I was heading out for some business, I noticed them sitting there on their front stoop as I got into my car. After the engine warmed up, I prepared to take off, which involves checking all of my mirrors, including the passenger's wing mirror which showed me Mr. Dog Owner marching up the sidewalk and then crossing behind my car. I don't know if he had anything in his hands, but I wasn't waiting to find out. A V-8 at full throttle can make for a quick get-away.

They moved away shortly after that. I was not the least little bit sorry to see them go. Violent owners of aggressive dogs suck.

 

[X1911]

Where is the outrage over an innocent man going to prison and in a state which I do believe has stand your ground? Prosecutor should be sent to jail.

 

[ArkhmAsylm]

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Anybody who carries has the duty to consider this possibility. This is why you consider & prepare for the use of non-lethal alternatives. Living with dogs for a good part of my life, I know that a so-called charging dog may not be doing so as part of an attack. It may just be a dumb dog.

 

[longslide10]

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Anybody who carries has the duty to consider this possibility. This is why you consider & prepare for the use of non-lethal alternatives. Living with dogs for a good part of my life, I know that a so-called charging dog may not be doing so as part of an attack. It may just be a dumb dog.

Possibly so but I think there are 2 reasons why a dog runs toward you. One is to greet you and one is to bite you. Hopefully one can discern the difference before using DF on the dogs or their owner. I too have grown up around dogs so I can tell with reasonable certainty which mode the dog is in. I don't know what the man perceived as the 2 dogs ran toward him but I am sure he was fearful enough to give warning shots and if I remember the story correctly they ran off which is what the dogs owner should have done.

 

[S&W645]

Yep! That's what every CCW holder should expect and plan for in the unlikely event that occurs to you. Liberal public opinion and over zealous prosecutors have convicted more than this justified self defense shooting victim. Moral of the story: He's still alive. The downside is the prosecutor ruined him financially for life.

Since the scumbags relatives can sue for wrongful death, why can't the victim sue the scumbags relatives for legal fees?

Prosecutors hiding evidence? Sen. Ted Stevens proves it still is done. Innocent people sent to jail, Freddy Pitts and Wilber Lee. And yes, under Florida law, those who bring a civil case can be forced to pay costs if it is self defense and found so in court. Expect him to get some amount of money from the state of AZ.