Justice....

Discussion in 'MWT Community Bulletin Board' started by Outdoorsfool, Mar 6, 2006.

  1. Outdoorsfool

    Outdoorsfool New Member

    704
    Jul 14, 2003
    Central Missouri
    Jurors order wounded mechanic to pay $250,000 to gunman

    BC-KS--Shooter Rewarded,0270
    Jurors order wounded mechanic to pay $250,000 to gunman
    WICHITA, Kan. (AP) — A small-engine repairman who was shot has been ordered to pay $250,000 to the man who fired the gun.
    The Sedgwick County jury’s decision in the civil case also leaves open the possibility that Keith McGinley could be forced to pay punitive damages to Dan Herpolsheimer, of Mulvane.
    The verdict was returned 18 months after a jury in a criminal trial found that Herpolsheimer acted in self-defense in the October 2003 shooting.
    McGinley, who also goes by the name Keith DeBlasio, initially sued Herpolsheimer. But Herpolsheimer, 53, responded with a countersuit, alleging battery and trespassing.
    McGinley’s lawyer, Russell Mills, said he will seek a new trial.
    “We recognized this was an unusual verdict, finding against a man who was shot,†said presiding juror Pamela Clancy. “But we really felt like Dan was the victim here.â€
    Clancy, herself a lawyer, said McGinley became argumentative and changed details of his story under cross-examination.
    However, Herpolsheimer continued to insist McGinley attacked him. After telling McGinley to leave, Herpolsheimer said the drunken man pulled a knife. In response, Herpolsheimer said he shot McGinley with a .357 Magnum.
    “Dan’s story rang true,†Clancy said.
    The $250,000 that was sought for pain, suffering and mental anguish is the maximum allowed by law.
    “I asked for justice,†said Kurt Kerns, who represented Herpolsheimer. “My client has suffered damages in his heart, his spirit and his mind.â€
    Herpolsheimer owns Warming Trends, a dealer of wood stoves and fireplaces.

    ———
    Information from: The Wichita Eagle, http://www.kansas.com
    AP-CS-03-03-06 1059EST
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    You gotta love the KC Star's labeling of the dude exercising self-defense as "the gunman". :roll2:
     
  2. JackJr

    JackJr New Member

    Nov 30, 2002
    Land Of BLAHS
    Only in Kansas.:mad::mad2::mad:

    Jack
     

  3. Keith

    Keith New Member

    Dec 13, 2002
    Springfield, MO.
    You have got to be kidding. Only in America.l
     
  4. Outdoorsfool

    Outdoorsfool New Member

    704
    Jul 14, 2003
    Central Missouri
    Jack - Did you read that correctly? The dude that got shot (trespasser) has to pay the shooter, who exercised self-defense, the $$. To me that is a good American verdict and we need more like it. Maybe it will make some of the lowlife criminals stop and think....I doubt it, but we can always hope. :D
     
  5. Big John

    Big John New Member

    Oct 24, 2003
    That is the way I read it, If a guy pulls a knife on me I would shoot him. the only thing I see here is poor marksmanship.
     
  6. Booches

    Booches Member

    993
    Jan 8, 2003
    Columbia, Missouri
    OF:

    It's kind of hard to read and follow, but after I did, I came to the same conclusion as you did, and you won't hear me say this very often, but good for Kansas. And either Jack and Keith have suddenly become big anti-gunners, or they will come around after re-reading it.
     
  7. Outdoorsfool

    Outdoorsfool New Member

    704
    Jul 14, 2003
    Central Missouri
    'Xactly John, considering the dude got shot with a .357 and LIVED!! Someone needs to take that $250,000 he'll never see and visit a local range. :rotfl:
     
  8. Keith

    Keith New Member

    Dec 13, 2002
    Springfield, MO.
    Ooops..:wink: After further review and re-reading ,I feel better now........
     
  9. Outdoorsfool

    Outdoorsfool New Member

    704
    Jul 14, 2003
    Central Missouri
    Booches - Yeah, it was poorly written, but then considering it came from KC star and they called the dude that was acquitted "the gunman", you can't expect too much from 'em! :stickfight:
     
  10. Hoytshooter

    Hoytshooter Active Member

    Mar 7, 2005
    Small Buck, MO
    Nice jury selection by someone's attorney! Idiots.
     
  11. V.P.

    V.P. New Member

    226
    Jan 8, 2004
    I do not who is the bigger idiot the knife fighters attorney or the knife fighter for bring a knife to a shootout:rotfl:.
     
  12. T- Bone

    T- Bone New Member

    935
    Jun 18, 2003
    Wayne County Iowa
    Very good that is true justice