Civilian self-defense against military personel

[12stones]

Several months ago I was physically threatened and intimidated by a man in a store who made it clear that he was a member of the United States Air Force... I pulled a swichblade on him and was charged with first and second degree assult and possestion of a dangerous and deadly weapon in the state of maryland..

First degree assault charge had a nolles prosequi entered.... I have to answer for the second degree in may as well as the weapons charge... The states attorney informed me there was reasonable evidence to suggest that I had a case for self defense.. (store security camera, store employees)

This man made it clear that he had a background in military training while this incident occoured.. I am representing myself, I am looking for laws regarding the United States military policing US citizens... and possible laws against vigilantes..


This man acted based on allegations by his wife that I had a disagreement with her at a checkout counter (she cut in front of me in line and I told her I would not allow her to do so and she then told me her military husband would come in to kick my ass)...

Its my understanding that self defense laws state that any method of self defense cannot escalate the crime (ie. pulling a knife).. my defense is, because of his military training that this man's bare hands are a dangerous and deadly weapon...

Furthermore, this man took the law into his own hands, he admitted to the police that he did come into the store with intent to "confront" me... he came into the store using hostile words, it was clear he was not coming into the store to have a rational discussion about the disagreement between me and his wife..

Under the law I was charged with for dangerous and deadly weapon there is an exception to the law that the person may carry said weapon if they have a reasonable fear of saftey to carry it... I also have access to unrelated incident reports I filed while delivering newspapers in the middle of the night, which my safety was threatened..

During this incident...

the man came into the store and swore at me, threatened me, according the the charging documents. The man came in the store stood 3 feet from me and began yelling at me, He then took a step towards me and I took a step back and drew the knife from my front pocket..
I pulled the knife and put it away, only to make him aware that I had a weapon in which I would defend myself with.. I did not harm him with the knife. I told him that he started the altercation and it was his fault,, his wife yelled accross the counter "hes in the air force, you cant touch him".. implying that he was immune to any legal action I would take against him for his aggressive actions... this man then produced his military Id card as if to make me aware of this alleged immunity...

[Mr. Knowitall]

Its my understanding that self defense laws state that any method of self defense cannot escalate the crime (ie. pulling a knife).. my defense is, because of his military training that this man's bare hands are a dangerous and deadly weapon...

That's not how I read Maryland law, at least as expressed in the case of Thornton v State, 162 Md. App. 719, 876 A.2d 142 (2005).

An aggressor is not entitled to a self-defense instruction if he initiated a deadly confrontation or escalated an existing confrontation to that level. Cf. Watkins v. State, 79 Md. App. 136, 139, 555 A.2d 1087 (1989) (holding that the accused was entitled to a jury instruction on self-defense, although he was the initial aggressor at the non-deadly level, because the victim was the one who escalated the fight from a non-deadly one to a lethal confrontation). Moreover, to be entitled to a self-defense instruction, an accused has a duty "to retreat or avoid danger if such means were within his power and consistent with his safety." Burch, 346 Md. at 283 (citation omitted).

That makes it appear that the problem with your self-defense claim might be that you escalated the conflict to a new level (i.e., from words to weapons) or that you chose to confront instead of withdraw. If pulling a knife or even a gun is a reasonable response to the threat posed, even by an unarmed assailant, a self-defense instruction should still be warranted.

Under the law I was charged with for dangerous and deadly weapon there is an exception to the law that the person may carry said weapon if they have a reasonable fear of saftey to carry it... I also have access to unrelated incident reports I filed while delivering newspapers in the middle of the night, which my safety was threatened.

The exception is,

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

You weren't delivering newspapers at the time you pulled the knife, so obviously you didn't possess it out of concern for your safety while delivering newspapers. You didn't know you were going to have this confrontation when you decided to carry the knife, so obviously you were not carrying it as a precaution against encountering scary GI's. So it would appear that you would have to convince a court that you were carrying it out of reasonable concern for your safety while shopping. Under the question of reasonableness, the judge may also wish to know why it was somehow necessary to carry a switchblade as opposed to a legal penknife to ameliorate that concern.

I doubt that there is any authority for the notion that you can regard any member of the military as having hands as dangerous as a deadly weapon. I've certainly never heard of any such authority.

[12stones]

I could not "avoid this danger".. as I said, this was caught on the store security camera, I was backed into a corner by the man.... the counter was set up in a way that the only way out was through this alleged "victim"..

So it would appear that you would have to convince a court that you were carrying it out of reasonable concern for your safety while shopping. Under the question of reasonableness, the judge may also wish to know why it was somehow necessary to carry a switchblade as opposed to a legal penknife to ameliorate that concern.

I carry it as a tool as well as a self defense weapon. I use it to cut open newpaper bundles, as well as other various uses one which might use a knife for... opening things, etc...

I carry this particular type of knife because in the event of having to use it for defense, it possesses an intimidation quality not found in "pen knives".... I carried it for a year using it daily for various uses, it was not until this incident it was used as a weapon...

no, I didnt intend on encountering a "scary gi".. I had just worked 10 hours at another job and was at this store waiting in line to pay for a repair on a flat tire... so i could go home and go to sleep...

I am not some hotshot jarhead, nor do I fight like one, I defend myself when necessary like any other man...

Im 20 years old, and I find it disturbing that somebody trained by our government to fight and kill is picking fights with kids in walmart.. maybe there are no laws on the books to agree with me...

my point is, if he had some reason to think that I violated some law by arguing with his wife, what right does he have to take the law into his own hands, why not call the police?..

Basic training includes hand to hand combat skills, which would have certainly been used against me if we had begun to fight...

This man would not have convienently forgotten his military training for the purpose of nobally defending his honor so to speak...

[cdwjava]

As was mentioned, the issue may well revolve around the question of your fear. Did he threaten you? Did he take a fighting stance? Or was he just chewing you out?

His statement that he was in the military is not likely to be sufficient to justify self defense ... especially if you were carrying an illegal weapon (the switchblade). And even IF you somehow were to make a successful argument for self defense in brandishing the knife, you might still be prosecuted for it's possession (assuming that such knives are illegal in your state).

- Carl

[12stones]

I had my father who is a vetran police officer of a metro area examine the charging documents.. he is not a "close relative" as a father would be, so he didnt have any kind of bias in my favor, this was his opinion as a police officer... here is the email he sent to me...

I dont know what its worth, as I said, he is my father, but Im suprised he even took the time to write this...

Upon thoroughly reading the charging document, I cannot cease to be
amazed that he was charged with assault. There may be some
substantiation to the weapons charge. I do find an exception to that in
the statute- that, paraphrasing, CR-4-101(b)- an exception is made if
the court finds that the person is carrying the weapon as a REASONABLE
precaution against apprehended danger. Has he been attacked or
threatened before? Does he have a credible reason to be in fear where it
would be reasonable for him to carry a weapon? Or, do the courts
consider current affairs and crime trends as sufficient to qualify for
the exception? Is the Walmart or area in which he traveled to/from
Walmart a high crime/high risk area? Yes to any of these may be cause
for a not guilty on the weapons charges.

As far as the assault, that is preposterous. There is more exculpatory
information in the charging document then there is incriminating. #1,
the " victim" says, according to quote in the charging document,
that he went in to CONFRONT Dalton. WHY? What is the purpose of
CONFRONTING him? The word CONFRONT implies intent, that he was looking
for revenge or trouble, to fight. Note he didn't say "talk"
"discuss" " see what the problem was" he said
"CONFRONT". An attorney should tear him up on the stand
over this. as in " just what was your intent on going in Walmart?"
" Why didn't you just leave?" " or call the police"? "
You went in there to exact revenge, didn't you?" " Your wife just
challenged your manhood by complaining of an affront to her and you just
had to go assert it to her didn't you?"

#2, Now the witness statement, from a third party, unbiased independent
person:
wife says " would go get husband, who would" "KICK DALTON'S
ASS"
Husband shows up gets " three feet from Dalton"
Husband tells him he " could get smart with him"
Husband " took a STEP TOWARDS Dalton" and " then Dalton pulled
the knife"

#3 Husband, according to him, admits starting the confrontation by
calling Dalton a " fat ****", hardly an invitation to rationally
discuss.

In short, Dalton was told the husband would kick his ass. The husband
showed up, using hostile words. The husband took a step towards Dalton.
That is an assault on the husband's part. Dalton would reasonably fear
that he was about to be harmed by husband by virtue of the precursor
statements, the derogatory challenge, and the step towards Dalton. In
fact, it is only the knife that prevents Dalton from being physically
attacked by the husband. An assault is made when intent is stated or
inferred and the assailant has the apparent means and intent to
immediately carry it out, as we do here in this case.

If it goes to trial YOU need to summons the Husband, the wife, the
Trooper, and the Walmart employee who gave the witness statement. YOU
need to summons them, because if they don't put them on the stand, you
can't call them to testify and you need their testimony.

The Walmart employee is the most crucial. Courts love independent
witnesses who have no stake in it, no alliance with either of the
principals.

[cdwjava]

I still see where even the officer points out that the knife might be permitted as a step toward a "reasonable" precation toward "apprehended danger". However, you stated that you had a danger of assault while on a paper route. As has been previously pointed out you were not ON a paper route at the time of the sassault - nor, I suspect, had you just completed the route.

So, I suspect that it is possible to be charged with illegally carrying the switchblade even if the other charges are dismissed.

I would hope that you have stopped carrying that thing around.

- Carl

[12stones]

I would hope that you have stopped carrying that thing around.

no, i dont carry a knife any more,,

On the route I carry a can of mace and a kuboton keychain... I dont think those are illegal...

Thanks for your effort...