The Process is the Punishment

#tacticaltuesday

Here’s a good example of “The Process is the Punishment.”

Trial judge overturns guilty verdict in Bellingham self-defense case | Bellingham Herald

“Kamuran Daniel Chabuk, 30, shot his neighbor, Joshua Mark Kiener, the night of May 11, 2013, outside the front door to Chabuk’s apartment at 2633 Nevada St.”

Note: May 11, 2013 was the date of the incident.

I ran across the incident while going through my database yesterday, so I decided to follow up on it.

His trial was 2 1/2 years later in November of 2015. He was found guilty of assault; Mr. Kiener was injured not killed. BTW, Kiener is also suing Chabuk civilly.

In April of 2016, 5 months [during which I assume he had to sit in jail or prison] after his conviction, a judge ordered that he be given a new trial. The prosecution appealed the trial set aside.

The hearing before the Appeals Court was scheduled for January of 2019. So far, I am unable to determine the outcome.

So, about 6 years with the Sword of Damocles hanging over his head. Just to get a new trial, not to be found Not Guilty or have the verdict set aside with prejudice.

Just imagine what his legal bills and bondsman’s fee are for this whole process. While the State of Washington reimburses lost wages and legal fees in self-defense cases when a Not Guilty verdict is received, that doesn’t apply if the charges are dismissed prior to a Not Guilty verdict.

What was the proximate cause of the whole incident? Going outside to investigate some sounds he heard. The platitude goes, “If you wouldn’t go there without a gun, why would you go there with a gun?”

Although I generally try to refrain from using platitudes, in this case it applies. Would he have gone over to the fight without his gun? Call 911, stay inside, and be a good witness. There is rarely any good reason for a Private Citizen to leave their home to do an investigation. The potential for a Negative Outcome is high and there is no upside for doing so.

 

2 responses

  1. Claude, everyone knows the phrase “Mind your own frigging business “. But it only applies to other people.

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