No Charges

I’ve probably been beaten to this story already, but Bill St. Clair was kind enough to e-mail me this report that 71 year-old Melvin Spaulding will not be charged for shooting 20 year-old scum James T. Moore who was one of three men beating up Melvin’s 63 year-old friend George Lowe. Halleluja!

Why the hell Spaulding was arrested and jailed is still beyond me.

I covered this earlier here and here.

Per the e-mail:

Shooter, 71, won’t face charges at all

Prosecutors will not file an attempted murder charge against Melvin Spaulding, the 71-year-old man who shot a 20-year-old for allegedly attacking his friend in the street.

“That’s good,” Spaulding said after hearing the news Tuesday, as he smoked a Dutch Masters cigar in his mobile home.

Pinellas-Pasco Chief Assistant State Attorney Bruce Bartlett said evidence showed Spaulding was trying to prevent his friend George Lowe, 63, from being killed or suffering “serious bodily harm” as others attacked him.

The law allows people to intervene in such cases to protect others from harm, Bartlett said.

Spaulding said he fired his .22-caliber handgun Nov. 30 because three young men were attacking Lowe and he was afraid his neighbor was in serious danger. The bullet hit one of the men, James T. Moore, 20, in the arm.

Lowe said the episode began when he heard noise outside his home on 40th Street N in the Lealman area and went outside to investigate. He said he asked the men not to be so loud, which turned into an argument. Then the others began kicking him in the legs and back, he said.

After Spaulding fired his gun, sheriff’s deputies arrived and arrested him on an attempted murder charge. Later, the other three men were charged with misdemeanor battery.

But two of the alleged attackers dispute the description of the events by Lowe and Spaulding. They acknowledge having words with Lowe, but they say no one hit or kicked anyone before Spaulding fired.

Eric Palm, 18, said Lowe grabbed at his FUBU jersey, so he shoved his face to push him away. Palm said he then swung at Lowe and missed, and that’s when the shot went off.

Moore denies kicking or hitting Lowe. He said he wants people to know “that I’m not a damn old-person beater.”

“I’m a nice person, you know? I get along with everybody. When people get drunk, of course they’re going to get loud ’cause that’s what people do, but I don’t go around fighting people just for no reason.”

Moore and his friends had been celebrating his 20th birthday that night.

Asked about the sheriff’s deputies’ decision to arrest Spaulding, Pinellas-Pasco Public Defender Bob Dillinger said, “I think particularly in ones of this nature, they may want to call the State Attorney’s Office before they make an arrest.”

Gee, ya THINK?

Pinellas sheriff’s spokesman Tim Goodman said there was nothing improper with the arrest, even though the prosecutors have decided against filing charges.

Bartlett said the State Attorney’s Office was likely to file misdemeanor battery charges against the three men: Moore, Palm and James Curtis Ganoe, 18. Those three also were arrested by deputies.

Lowe said he was pleased with the decision not to file charges against Spaulding for coming to his aid.

“I think that’s excellent,” Lowe said. “I think that’s the greatest thing they could have done.”

Spaulding said he was relieved by the state attorney’s decision. While deputies were polite, he said, he did not enjoy his first trip to jail.

What if he hears a noise outside his trailer again and faces the same situation?

“I just couldn’t let them kill somebody,” Spaulding said. “I couldn’t do it . . . what they did was wrong.”

Yes it was, Mr. Spaulding. And you did the right thing.

Back Again

I’m not addicted to the Internet! I can quit anytime!

So why is it, as soon as I get access, I’ve got to get caught up on what I’ve missed?

Anyway, one more day at work, then I have the next two weeks off.

More posting is promised!

The Hoplophobic Mindset

Via Say Uncle comes the link to fellow blogger Michael Williams’ disgusted response to being denied a CCW permit by his betters in California.

While I’m not surprised by the denial, I was a bit shocked to see the comment by Barry, another blogger who runs The Inn of the Last Home from Tennessee. It is the quintessential gun-phobe:

I just…I just blink my eyes in amazement everytime this crops up – actually watching people feel the need to carry a concealed weapon in public…

If I were to take a live, armed weapon and carry it on my person, in public, it would eat away at my sanity just as if it were emitting lethal radiation. To know that I carried an instrument of sure and certain death on my person, available and ready to be pulled out and used at a moment’s notice to possibly kill…a child. A homeless person. An innocent.

Obviously that is not your intent. You want to protect yourself – maybe that is how you feel in California. But being brought up in Eastern Tennessee I’ve never once felt the need to protect myself from imminent bodily harm in public. And if I were aware of a location that might be unduly hazardous – a dark alley, a badly lighted parking area – I would avoid it. I’ve never been mugged, nor can I readily pull up a name of any person I’ve ever met that’s been mugged or even bodily threatened in my whole life.

What scares me most is the arbitrary nature of self-defense. What line must be crossed to signal to you that there is imminent danger or threat? Is it a criminal pulling a gun on you? In which case, unless you’re a gunslinger, you’re not going to outdraw him. Is it someone pulling a knife? Threatening words? Bad language or rude gestures? Where is that one point where you decide, “Yes, my life or the life of my loved ones is in danger and I must now take it upon myself to take the life of another person.” What if the guy is reaching into his jacket, and you are sure, absolutely certain that it is a weapon. You pull your gun and shoot–and see he’s reaching for his wallet. Or worse, you miss and hit a child running in the street. Where is that line?

The radiation would rot my brain and I would never be able to live with myself.

Maybe it’s different in California. Maybe it’s different in Tennessee. Maybe I don’t love my family enough…maybe I love them too much. But I know myself, and know that if I surrendered to the paranoia – and I mean that in the most basic sense – there would be no turning back.

I’ll stay in the light, thanks.

Note the change: “If I were to take a live, armed weapon and carry it on my person, in public, it would eat away at my sanity just as if it were emitting lethal radiation.” Followed below by: “The radiation would rot my brain….”

That is fear of an inanimate object. He actually believes that the presence of a firearm will warp his sanity.

Barry, I applaud your decision to remain unarmed. I hope, however, that you will get some psychiatric or psychological treatment for your crippling fear of your own lack of control.

And I sincerely hope that neither you nor anyone you know becomes the victim of a violent crime.

But please, don’t project your mental disturbance on others.

UPDATE:  The original JSKit/Echo comment thread is available here, thanks to reader John Hardin.

More Guns in Church!

Via The Volokh Conspiracy, comes this story of one Rev. Arthur Ford who used a handgun to defend himself and his son-in-law from a nut who was beating them with a fireplace poker. This guy attacked six people in total, with the Reverend and his son-in-law being the last. One of the victims was critically injured and is hospitalized.

I suspect that if Rev. Ford had not owned a handgun, they would not have been the last.

So much for turning the other cheek.

Good for the Reverend.

Truer Words…

From Donald Sensing:

I predict that the Bush administration will be seen by freedom-wishing Americans a generation or two hence as the hinge on the cell door locking up our freedom. When my children are my age, they will not be free in any recognizably traditional American meaning of the word. I’d tell them to emigrate, but there’s nowhere left to go. I am left with nauseating near-conviction that I am a member of the last generation in the history of the world that is minimally truly free.

No Law Abridging

That’s the title of this piece by Curmudgeon Emeritus Francis Porretto. Money quote:

So long as speech was protected, Americans could claim with some justice that we were in some sense free. If Tuesday’s Supreme Court decision prevails, we will not be able to call ourselves even partly free. We will be a people in chains. Chains forged to protect incumbents from having their records in office publicized in the press as they stand for election. Chains forged to increase the power of the Old Media, granting their journalists and editors the last word on political campaigns. Chains forged by (and for) men to whom “the people” are not only not sovereign, but are a force to be fastened down and made to do as they’re told by those who know better.

Read the whole thing, including the comments.

And think about that reset button some more.

Pressing the “RESET” Button

Last week, Jay Solo asked an important question. I was the first to respond.

His question was whether or not the American populace would use the “reset button” guaranteed by the Second Amendment. In his words:

Do you expect the “reset button” to need to be used in our lifetimes?

I was recently discussing with someone the concept of the Second Amendment as the government’s reset button. Ultimately a major reason it exists is so the populace cannot be prevented from being armed, or easily disarmed through registration or excess regulation for that matter, in case we must ever take back the government and start again if it gets out of hand or something akin to a coup happens and the imposters must be reckoned with.

Do you think this will ever be needed? In the next fifty years? Do you think it will still be possible after another fifty years of those who want as much power, and helplessness of the populace against it as much as possible, chipping away at or disregarding our ability to reset things back to sanity? How about contrarians; do you think the reset interpretation is erroneous or, even if not, will never be needed?

It’s a good question. I recommend you read all the responses, and add your own if you feel like it. Here was my response:

Do I expect it to be used? Yes. Will it be effective? I doubt it.

I think we’ve passed the point at which “using the reset button” would be useful.

Why do I think it will be used? Two recent posts come to mind. This one in which the Geek with a .45 posted from New Jersey: “The fact that things have gone so far south in some places that people actually feel compelled to move the fuck out should frighten the almighty piss out of you.

“Ten or fifteen years ago, I would’ve dismissed that notion, that people were relocating themselves for freedom within America as the wild rantings of a fringe lunatic, but today, I’m looking for a real estate agent.”

And then this one from Publicola yesterday, detailing government insult upon outrage from which the majority shrugs and turns away.

Jefferson suggested a small armed rebellion every 20 years or so. We didn’t take his advice. Our last one ended in 1865, and it was so devastating, I think it put us off rebellion entirely too long.

Government isn’t “us” and hasn’t been for a long, long time. It represents the people who run the Democrat and Republican Parties, and those who pay them the most. Government-run education has ensured that the end product coming out of our schools is uniformly ignorant of how the system is supposed to work, and it’s done a damned good job of indoctrinating our children in the “from each according to his abilities, to each according to his needs” philosophy, and the “if it feels good, do it” philosophy. Fifty-plus years of this has produced a very large, very ignorant, very apathetic population.

I think that “pressing the reset button” is going to happen, but all it’s going to get some of us is a tighter collar and a heavier chain.

Still, Churchill said it best:

“You may have to fight when there is no chance of victory,
because it is better to perish than to live as slaves.”

There were several good responses, but I’d like to elaborate a little bit on the topic.

I don’t think you’re going to see a widespread armed uprising. What you’re going to see is individuals and small groups who’ve simply had enough arming and striking – and probably dying in the process. If you’ve read John Ross’s Unintended Consequences you’ll get the idea, but I don’t expect anything like the level of response he writes of. Not enough people are pissed off enough to do that.

Of course the media will spin it as “lone deranged gun-nuts” or “anti-government militias,” but if you pay attention you’ll note an increase in the numbers over time.

Someone once wrote; “If you’re not boiling mad, you’ve not been paying attention.”

Mencken wrote: “Every normal man must be tempted at times to spit upon his hands, hoist the black flag, and begin slitting throats.”

Note this post by Dodd Harris:

Say Goodbye To Your Right To Free Speech

Well, Spoons may have seen it coming, but I sure as hell didn’t: The Supreme Court has upheld most of the provisions of McCain-Feingold, a law that the Court’s own precedents marked out as blatantly unconstitutional.

You’ll recall, I was a bit perturbed about SCOTUS dodging the Silveira case last week, too.

I’d like to remind you of the recent Klamath Valley incidents in which the government denied water to farmers in order to protect an “endangered” fish. This drew a lot of media attention, because instead of affecting one person or one family, it affected everyone in the valley. But a lot of other incidents in which the rights of individuals are trampled on by government bureaucrats occur that fly under the media radar. Generally, government is treated by the media as a vast benevolent force (unless, of course, that same government is defeating an enemy totalitarian government or unseating a murderous tyrant – then it’s eeeeeevil. – UPDATE, 10/23/2011:  Unless there’s a Democrat in the White House, that is.  Then the media and the anti-war Left is A-OK with it.  End edit.) Whatever actions that government takes for the benefit of an endangered species, or “for society” is more important than what it does to the people who are directly affected by these actions.

Oh, occasionally something really egregious will pique some reporter, and we’ll get a “human interest” story that pisses off the few of us who are paying attention. Sometimes our ire will get the government to back off, claiming it was all a big misunderstanding or worse, the government doesn’t back off at all. The recent incidents of Melvin Spaulding in Florida, George Norris in Texas, Dennis Pryslak in New Jersey, Stratford High School in South Carolina, and many others come to mind. Scroll through the archives of this site. There’s probably at least one a week that will raise your blood pressure.

I’ve quoted Jefferson’s letter to William Smith several times recently, but this part is the one I find most interesting:

Where did it ever exist, except in the single instance of Massachusets? And can history produce an instance of a rebellion so honourably conducted? I say nothing of it’s motives. They were founded in ignorance, not wickedness. God forbid we should ever be 20 years without such a rebellion. The people cannot be all, & always, well informed. The past which is wrong will be discontented in proportion to the importance of the facts they misconceive; if they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty.

It seems, in the main, that we aren’t informed at all, much less well. Lethargy? For the overwhelming majority, yes indeed.

Until it happens to you. Then you get pissed right quick, and wonder why nobody hears your side of the story.

I think a lot of people are getting fed up with ever-increasing government intrusion into our lives. With our ever-shrinking individual rights. More than one of Jay’s respondents noted the apathy of the majority, though, and I agree. Government interferes lightly on a wholesale basis, but it does its really offensive intrusions strictly retail. So long as the majority gets its bread and circuses, it will remain content.

But not everyone.

I think one example of this is illustrated by this story from Greenwood, S.C. (hat tip to Ravenwood for the link):

Suspect in standoff claims self-defense

One of the three family members charged with killing two Abbeville County officers said he was just defending his parents’ home against something like the standoffs between federal agents and armed citizens in Ruby Ridge, Idaho, and Waco, Texas.

Steven Bixby, 36, along with his 71-year-old mother Rita, were in court Tuesday for an arraignment on charges in Monday’s standoff with police, but when a judge paused to track down the warrants against Steven Bixby, he spoke to reporters in the courtroom.

Bixby said he acted in self-defense because sheriff’s Sgt. Danny Wilson, 37, tried to force his way into his parents’ home along state Highway 72 just west of downtown Abbeville.

Authorities say Wilson did not have any arrest papers or warrants when he went to the home, he just went to talk to the family. Transportation Department workers widening the two-lane road in front of the Bixby home reported someone threatened them as they laid out survey stakes.

“If we can’t be any freer than that in this country, I’d rather die,” Bixby said.

Read the whole story. Yes, these people were extreme. Killing two officers and then engaging in a gunfight with many more over 20 feet of property certainly is excessive.

But I don’t think this is going to be an exceptional case as time goes on.

I think more and more individuals will be pressing the “RESET” button in the future.

With about the same effect.

UPDATE: I note that this piece has been linked from Wikipedia’s “Gun Politics in the United States” entry with the notation:

An analogous popular saying of less eloquent modern day gun rights advocates is that the amendment is “the government’s reset button”.

“Less eloquent”? Whoever made that entry is cordially invited to bite my left buttcheek. Check the sidebar. I’ve got eloquence in abundance.

I’m Baaaack!

For a couple of days, anyway.

Thanks to everybody who kept checking the site. I still averaged over 200 hits a day, even after I told you I’d be gone!

(I’m not sure what that says about you guys, though…)

I’ll try to post some crunchy goodness before I leave for a couple more days. (The project is running long, though they didn’t want us to work over the weekend.)