Illegal Discharge of Firearm Charge: Kill or Go to Jail

by Brian A. Wilkins
11/24/08

In hindsight, after reviewing Arizona statutes, I should have shot and killed the radical who extorted and attempted to rob and assault me while he was in my place. A dead suspect with knife in hand, according to several law types and others I’ve spoken to, would have likely put me in a better situation.

For those of you unfamiliar with Shannon’s Law, a statute making it a felony to “negligently” discharge a firearm in a city’s limits, it was enacted in 2000 after Shannon Smith, an eighth grade girl, was struck in the head by a stray bullet. She died instantly. Smith parents successfully lobbied to have the law changed from a simple misdemeanor to a felony all across the state. It was intended to stop people from randomly firing guns in the air on New Year’s Eve and other holidays, in celebration or for simple fun. I agree whole-heartedly with the statute.

The law, A.R.S. 13-3107, does not apply, however, when you are in a situation where you must defend yourself (A.R.S. 13-405). You would think it is obviously a self-defense situation when someone is brandishing a knife inches from your face. But again, because Wallace and Johnson of the Tempe Police wrote in their report that I said the alleged “victim” had no weapons, they can pursue this. Regardless of the rogue, malicious tactics by the two radicals, had I shot and killed the guy, I’d likely be in a better situation. The statutes favor killing and not the preservation of life. Plus, let’s face it: I’m “a black” and especially in Confederate states like Arizona, I still would have been guilty until proven innocent, especially with a dead “white” guy near or inside my apartment. It’s a slippery slope, but what can you do?

I believe I took the correct action. I could have fired into the concrete ground, but that would have caused the bullets to ricochet. There would have been no telling where the bullets would have ultimately ended up; a neighbors windows, hitting me, hitting him, etc. I could have done absolutely nothing and gotten stabbed, slashed, and robbed. That was out of the question. Then of course, I could have shot him. My conscience would not have allowed me to kill someone and that is why the bullets were fired in the air. And in the end, nobody was hurt or even scratched that night. You’d think this effort would be applauded by law enforcement, but Wallace and Johnson aren’t really law enforcers; just radicals with badges.

Prosecutor Lynn Krabbe needs to take note of the one glaring fact in this whole ordeal: the only “victim” is me. The alleged “victim” is still legendary in Maricopa County Jails, as several people in there marveled at the fact he is on probation, had weapons, alcohol, and drugs, but was not arrested by the Tempe Police. Wallace and Johnson had a goal from the moment they got there and fulfilled it. Krabbe has already offered to drop this discharge of firearm charge, which tells me my actions were justified. But I refuse to plead guilty to any charges in an agreement “victimizing” the criminal she continues calling “the victim.” She and Maricopa County can spend the ten of thousands of taxpayer dollars on trial if they are that hellbent on locking me up.

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