Whatcom County Shooting

[Darby Darrow]

It is a shame that this one had to go to trial:

Deadly Force

On November 14, 2022, the Whatcom County Superior Court found Kamuran Chabuk not guilty of a 2nd Degree Assault charge nine years after a self-defense shooting in Bellingham. The Law Office of Mark…

firearmslawyer.net

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[Stomper]

It is a shame that this one had to go to trial:

Deadly Force

On November 14, 2022, the Whatcom County Superior Court found Kamuran Chabuk not guilty of a 2nd Degree Assault charge nine years after a self-defense shooting in Bellingham. The Law Office of Mark…

firearmslawyer.net

Sounds like a few factors drove this to a trial.

1.
Police detectives who think they're the smartest ones in the room strove to find evidence that supports what they already believed happened, instead of objectively looking for evidence to "build a picture" of what actually happened (a "show me the man and I'll find you the crime" mentality) thereby constructing a tainted case profile that was fed to the prosecutor's office in the first place.

2.
Police officers (detectives and/or patrolmen) who think they're the only ones who should be "gun slinging", because us "dirt-bag civilians" aren't capable of effectively handling situations.

3.
Prosecutors who conflate what they "think" the law SHOULD say with what the law actually says (I have come to realize DA's are quasi-politicians) and attempt to persuade "laymen" in the jury to believe something that isn't true.

4.
Prosecutors build their professional reputations on their conviction rates which has absolutely nothing to do with "justice", rather than building one's career at the expense of innocent folks caught in bad circumstances.

5.
The deposition process was contaminated by the (barely disguised) personal prejudices and contempt conveyed by the detectives and prosecutor.

I hope the judge in the first trial issued a prosecutorial misconduct charge (or permanent reprimand) that sticks in someone's personal résumé for all time.

Also, the defense took a GIANT leap of faith going with a bench trial instead of a jury trial the second time around… I'm glad it worked out for them!

 

[Mikej]

9 years to go to get to the trial? So much for a speedy trial, yeah?

 

[WillametteWill]

1.
Police detectives who think they're the smartest ones in the room strove to find evidence that supports what they already believed happened, instead of objectively looking for evidence to "build a picture" of what actually happened (a "show me the man and I'll find you the crime" mentality) thereby constructing a tainted case profile that was fed to the prosecutor's office in the first place.

In this case it appears so. This is why I suppor Mas Ayoob's process of before you lawyer up, point out the evidence that favors you (i.e., location of shell casings, witnesses, positions)

2.
Police officers (detectives and/or patrolmen) who think they're the only ones who should be "gun slinging", because us "dirt-bag civilians" aren't capable of effectively handling situations.

Appears to be in this case, but I honestly have not found this to be the norm. We just see these cases in the media. We rarely see them when armed defenders are supported by LEOs.

3.
Prosecutors who conflate what they "think" the law SHOULD say with what the law actually says (I have come to realize DA's are quasi-politicians) and attempt to persuade "laymen" in the jury to believe something that isn't true.

Clear in this case.

4.
Prosecutors build their professional reputations on their conviction rates which has absolutely nothing to do with "justice", rather than building one's career at the expense of innocent folks caught in bad circumstances.

Which is why sooooo many even good cases get tossed by Deputy DA's and never reach trial. But in this case...see your #3

5.
The deposition process was contaminated by the (barely disguised) personal prejudices and contempt conveyed by the detectives and prosecutor.

Yeppers again in this case.

I hope the judge in the first trial issued a prosecutorial misconduct charge (or permanent reprimand) that sticks in someone's personal résumé for all time.

Also, the defense took a GIANT leap of faith going with a bench trial instead of a jury trial the second time around… I'm glad it worked out for them!

Agree on the misconduct. I was blessed to work with a bunch of great and ethical prosecutors and fortunately only a few sucky ones. But boy are they terrible.

As for the bench trial, if you are arguing detailed, fine points of the law, attorneys often find bench trials (i.e., no jury) is the way to go. But you have to know your judge.

Thanks @Darby Darrow for the great post. This is a great read folks if you are into self defense law! And thanks @Stomper for your, as usual, on target thoughts to ponder.

 

[nwslopoke]

It is a shame that this one had to go to trial:

Deadly Force

On November 14, 2022, the Whatcom County Superior Court found Kamuran Chabuk not guilty of a 2nd Degree Assault charge nine years after a self-defense shooting in Bellingham. The Law Office of Mark…

firearmslawyer.net

An article that I actually feel more informed after reading it. Rare.

This seems to be a case of, don't defend yourself in the wrong city. I don't know if the defendant had some firearms insurance or a bag of money. Glad he was able to hold out for so long.

I have a family member, over 55, in jail for shooting and killing a man attacking his brother on their property in LA. Some jurisdictions don't give a hoot about the victims or regular everyday tax payers.

 

[Stomper]

In this case it appears so. This is why I suppor Mas Ayoob's process of before you lawyer up, point out the evidence that favors you (i.e., location of shell casings, witnesses, positions)

Appears to be in this case, but I honestly have not found this to be the norm. We just see these cases in the media. We rarely see them when armed defenders are supported by LEOs.

Clear in this case.

Which is why sooooo many even good cases get tossed by Deputy DA's and never reach trial. But in this case...see your #3

Yeppers again in this case.

Agree on the misconduct. I was blessed to work with a bunch of great and ethical prosecutors and fortunately only a few sucky ones. But boy are they terrible.

As for the bench trial, if you are arguing detailed, fine points of the law, attorneys often find bench trials (i.e., no jury) is the way to go. But you have to know your judge.

Thanks @Darby Darrow for the great post. This is a great read folks if you are into self defense law! And thanks @Stomper for your, as usual, on target thoughts to ponder.

I've been soured on the notion of bench trials mainly because of what happened to Michael Strickland (Laughing at Liberals). That judge blatantly railroaded Strickland, although a jury comprised mostly of the frakin' hipsters from the surrounding area would most likely have railroaded him as well.


Mayhaps many here remember the incident?

Michael Strickland from Laughing at Liberals Discussing His Supreme Court Case 4pm Monday March 08, 2021 KWRO.com — Rob Taylor Report

Released Wed 2/10/2021 Michael Strickland from Laughing at Liberals Four years ago today Judge Thomas Ryan declared me guilty of 10 felonies and 11 misdemeanors in a Multnomah County courtroom. This involved the incident where I drew my firearm in response to a gang of thugs coming after

www.robtaylorreport.com

I've been told (by more than a few) that I would have made for an excellent lawyer… but although I have a "keen eye for detail", I also have the temperament and smart-mouth of a drill sergeant…… and repeated contempt of court charges would get old (and expensive) after a while.

 

[Xaevian]

9 years to go to get to the trial? So much for a speedy trial, yeah?

There was a trial in 2015, he was found guilty by a jury, but the judge nullified that due to misconduct by the prosecutor. State appealed and lost in 2019, this was the result of the new trial this year.

 

[Xaevian]

I've been soured on the notion of bench trials mainly because of what happened to Michael Strickland

They already tried a jury trial in this case and lost. Had the judge not thrown out the verdict, this guy would've been sent to prison.

 

[Stomper]

They already tried a jury trial in this case and lost. Had the judge not thrown out the verdict, this guy would've been sent to prison.

I get that, but the notion of a "summary" bench trial….. eeiiish!

 

[Catfishmoon]

A well detailed story...
A self-defense shooting that occurred in 2013 and the possibility / probability of criminal charges did not end until November of 2022. Imagine the law bills this family has paid to get to this point and thank goodness they had the financial means and were not reliant on court appointed attorneys who do not have the resources to defend against something like this.
And unfortunately for this family it's still not over, it is very possible that anyone of the attackers could try to sue him in a civil court...
A lot of lessons to be observed in that story.

 

[Xaevian]

A well detailed story...
A self-defense shooting that occurred in 2013 and the possibility / probability of criminal charges did not end until November of 2022. Imagine the law bills this family has paid to get to this point and thank goodness they had the financial means and were not reliant on court appointed attorneys who do not have the resources to defend against something like this.
And unfortunately for this family it's still not over, it is very possible that anyone of the attackers could try to sue him in a civil court...
A lot of lessons to be observed in that story.

While I am not going to dig into this case much, the prosecutorial misconduct likely means the county will be paying for the defense.