He shot the sheriff, but he swears ..
April 16, 2014 8:16 AM   Subscribe

Has anyone in the US ever been acquitted of killing an on-duty police officer on grounds of self-defense?
posted by LonnieK to Law & Government (10 answers total) 2 users marked this as a favorite
 
google "sagon penn"
posted by bruce at 8:21 AM on April 16, 2014


Henry Geodrich Magee wasn't even indicted when he killed a police officer executing a no-knock warrant.



Here's one from 1919, might be worth tracking down more information.

posted by Ruthless Bunny at 8:32 AM on April 16, 2014 [1 favorite]


Here's one from 1930.
posted by interplanetjanet at 9:23 AM on April 16, 2014


It doesn't precisely meet your criteria, but you might look at the case of Cory Maye. He was originally convicted of murdering a police officer who mistakenly entered his home, but eventually his conviction was reversed by the Mississippi Supreme Court on the ground that he had a right to self-defense that the jury wasn't adequately instructed about.

That said, Maye was never formally "acquitted" on that theory, because by the time the error was corrected he'd been in prison for a long time and he pled guilty to a lesser count that allowed him to get out immediately.
posted by willbaude at 9:49 AM on April 16, 2014


Ruthless Bunny cites the case that came to my mind, but as said - that was a grand jury declining to indict. Are you looking specifically for a case necessarily where someone was indicted, brought to trial, not dismissed, and the jury returned a not guilty verdict in response to a defendant citing self defense?
posted by phearlez at 9:50 AM on April 16, 2014


As bruce mentioned: Sagon Penn went to trial - twice - and was acquitted both times. At the first trial he was acquitted of murder and attempted murder, and at the second he was acquitted of voluntary manslaughter. The second jury deadlocked on lesser charges and the judge then declared a mistrial on them.

The incident happened in San Diego in 1985. The second trial concluded in 1987.

Sagon Penn ended up committing suicide in 2002.
posted by expialidocious at 12:03 PM on April 16, 2014


I was curious about the case I found and although they were acquitted of murder the couple was jailed for 10 years on federal assault charges".
posted by interplanetjanet at 12:08 PM on April 16, 2014


Randy Weaver and Kevin Harris. Randy didn't show up for a trial, and the feds started a siege on his property. During the siege, his friend Kevin Harris shot an FBI agent. He was later acquitted on self-defense grounds. Weaver wound up spending 18 months on the not-showing-up-for-trial charges, but wound up getting several million dollars in settlement for the fact that the feds killed his wife, son, and dog.
posted by Hatashran at 5:12 PM on April 16, 2014


According to family lore, my great-grandfather shot and killed a sheriff's deputy, and was acquitted. The tale is sordid, took place 125 years ago, and may have been mixed up in the retelling, but this is what I know:

My great-grandfather, "Pat", was a rascal as a youth. He thought it would be fun to shoot at some black people, just to make them run back inside their church. The sheriff's deputy came up and began shooting at Pat. Pat was wounded, shot back, and killed the deputy. Pat lost an arm to the wound. He was acquitted in court on the grounds that he shot back in self defense.

Pat turned his life around after that. Unable to work as a lumberjack anymore, he got into brick making. He joined a church. He became a youth pastor. He adopted one of his charges, and once she turned 18 he married her. His quest to produce better bricks eventually lead to a major oil discovery in Texas.
posted by Midnight Skulker at 8:32 AM on April 17, 2014 [1 favorite]


Response by poster: Thanks all! These are great replies.
Are you looking specifically for a case necessarily where someone was indicted, brought to trial, not dismissed, and the jury returned a not guilty verdict in response to a defendant citing self defense?
Yes, although I didn't say that with precision. But the whole range of cases discussed here is still relevant to the issue.
posted by LonnieK at 7:36 AM on April 20, 2014


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