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  • Daniel Perry's Pardon Makes a Mockery of Self-DefenseBilly Binion
    That there are government officials who politicize the law is about as foundational to the discourse as any complaint I can think of. The criticism is sometimes quite fair. And for the latest example of a soft-on-crime politician flouting law and order, we can look to Texas Gov. Greg Abbott. Abbott, of course, is no self-styled progressive. But his recent decision to pardon Daniel Perry, who was convicted last year of murdering Garrett Foster, ch
     

Daniel Perry's Pardon Makes a Mockery of Self-Defense

17. Květen 2024 v 22:59
Daniel Perry enters court after he was convicted in 2023 of murdering Garrett Foster in 2020 | YouTube

That there are government officials who politicize the law is about as foundational to the discourse as any complaint I can think of. The criticism is sometimes quite fair. And for the latest example of a soft-on-crime politician flouting law and order, we can look to Texas Gov. Greg Abbott.

Abbott, of course, is no self-styled progressive. But his recent decision to pardon Daniel Perry, who was convicted last year of murdering Garrett Foster, channels the spirit of the progressive prosecutors he criticizes for allegedly refashioning the law to suit their ideological preferences. He just has different targets.

The governor, who last year urged the Texas Board of Pardons and Paroles to recommend a pardon for Perry, doesn't see it that way. "Texas has one of the strongest 'Stand Your Ground' laws of self-defense that cannot be nullified by a jury or a progressive District Attorney," he wrote in a statement yesterday, approving the pardon after the board officially obliged his request. (It's worth noting that the board, whose members are appointed by the governor, circumvented its own requirement that "evidence of actual innocence from at least two trial officials, or the findings of fact and conclusions of law from the district judge indicating actual innocence" be submitted to even consider such a pardon.)

It is absolutely true that the right to self-defense is vital. And to argue that Perry—who, prior to killing Foster at a 2020 Black Lives Matter protest, wrote that he wanted to "shoot the [protesters] in the front and push the pedal to the metal"—acted in self-defense is to make a total mockery of that right and those who've had to exercise it.

It is also true that many district attorneys, some of them so-called "progressive" prosecutors, appear to disdain that right. There are the cases across New York City I've covered, for example, where prosecutors are unconscionably seeking lengthy prison terms for people who acted in self-defense but had the audacity to do so with an unlicensed gun. That includes the case of Charles Foehner, an elderly man who shot a mugger in Queens, after which law enforcement brought so many weapons charges against him that Foehner would go to prison for life if convicted on all. That was in June 2023. In November, LaShawn Craig of Brooklyn shot a masked man who'd entered his apartment. Though prosecutors concede the shooting was in self-defense, they also charged him with several weapons offenses, including criminal possession of a weapon, a violent felony.

And then, most famously, there was Kyle Rittenhouse, whose 2021 prosecution for murder polarized much of the nation, despite that, if you knew the facts, it was an obvious example of self-defense—something I made very clear at the time.

There are some interesting parallels between Rittenhouse's case and Perry's case that are hard to ignore. Both men used their guns at protests against police brutality, many of which popped up across the U.S. in the summer of 2020. The shootings happened exactly a month apart. Then their stories diverge considerably, ending in an acquittal and a conviction, because the way they used their firearms was quite different, despite the culture war backdrop being the same. Both of these things can be true.

In July 2020, Perry ran a red light and drove into a crowd of protesters. That in and of itself, of course, is not enough to deduce that he was looking for a fight. His own statements prior to doing so, however, add a great deal of helpful context and show his frame of mind at the time. "I might have to kill a few people on my way to work they are rioting outside my apartment complex," he wrote on social media on May 31, 2020. Also in May, he threatened to a friend that he "might go to Dallas to shoot looters." And then in mid-June, he sent that message about going to a protest, "shoot[ing] the ones in the front," and then careening his car through the hubbub.

This was part of a pattern. Austin police detective William Bursley testified, for instance, that Perry searched on Safari for "protesters in Seattle gets shot," "riot shootouts," and "protests in Dallas live." It is not hard to connect the dots between his searches and messages.

So what about that stand-your-ground defense Abbott alleges the jury nullified? Core to Perry's case and trial was whether he reasonably feared for his life that July evening. Foster indeed had a rifle on him—because open carry is legal in Texas. The Second Amendment does not solely exist for people with conservative views. The big question then: Was Foster pointing the gun at Perry when he approached his vehicle? For the answer, we can go to Perry himself, who told law enforcement that he was not. "I believe he was going to aim at me," he said. "I didn't want to give him a chance to aim at me." But that is not a self-defense justification, as Perry cannot claim clairvoyance.

That the jury reached the conclusion they did is not a mystery, nor is it an outrage. What is outrageous, however, is that a governor who claims to care about law and order has made clear that his support for crime victims is at least in part conditional on having the "right" politics.

The post Daniel Perry's Pardon Makes a Mockery of Self-Defense appeared first on Reason.com.

This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License

1. Květen 2024 v 22:37
A faint image that looks like it may have been pulled from a security camera of a man standing on a sidewalk is layered with black shadows and stripes, the faint outline of a gun, and orange text from a court document | Illustration: Lex Villena; Midjourney

Dennis Powanda and Vincent Yakaitis are bound together by a common experience: They were both criminally charged in connection with an attempted burglary. Powanda was the burglar, and Yakaitis was the property owner.

Ah, justice.

Indeed, that's not a misprint, parody, or a bad joke (although I wish it were the latter). Powanda was arrested and charged with criminal trespass and burglary, along with other related offenses, for executing the botched raid a little before 2:00 a.m. in February 2023 at Yakaitis' property in Port Carbon, Pennsylvania. The government charged Yakaitis, who is in his mid-70s, with using a firearm without a license after he shot Powanda, despite that it appears prosecutors agree Yakaitis justifiably used that same firearm in self-defense.

Whatever your vantage point—whether you care about criminal justice reform and a fair legal system, or gun rights, or all of the above—it is difficult to make sense of arresting and potentially imprisoning someone over what essentially amounts to a paperwork violation. That injustice is even more glaring when considering that Powanda, 40, allegedly charged at Yakaitis, who happens to be about three and a half decades older than Powanda.

Pennsylvania's permitting regime does carve out a couple of exceptions, one of which would seem to highly favor Yakaitis. Someone does not need a license to carry, according to the law, "in his place of abode or fixed place of business." Yakaitis owned the home Powanda attempted to burglarize. The catch: He didn't live there—it reportedly had no tenants at the time of the crime—opening a window for law enforcement to charge him essentially on a technicality.

If convicted, Yakaitis faces up to five years in prison and a $25,000 fine. Quite the price to pay for protecting your life on your own property. The misdemeanor charge also implies that Yakaitis has no history of using his weapon inappropriately, or any criminal record at all, as Pennsylvania law classifies his particular crime—carrying a firearm without a license—as a felony if the defendant has prior criminal convictions and would be disqualified from obtaining such a license. In other words, we can deduce that Yakaitis was a law-abiding citizen and eligible for a permit, which means he is staring down five years in a cell for not turning in a form and paying a fee to local law enforcement. OK.

Yakaitis is not the first such case. In June, law enforcement in New York charged Charles Foehner with so many gun possession crimes that if convicted on all of them he would face life in prison. Police came to be aware of his unlicensed firearms when Foehner defended himself against an attempted mugger—the surveillance footage is here—after which they searched Foehner's home and found that only some of his weapons were licensed with the state.

Prosecutors classified it as a justified shooting. And then they hit Foehner with an avalanche of criminal charges that would have resulted in a longer prison sentence than his assailant would have received, had he survived.

There's also LaShawn Craig, another New York City man whose case I covered in December. He, too, shot someone in self-defense and he, too, was arrested for doing so without a license. Like Foehner, he was charged with criminal possession of a weapon, a violent felony in New York. For a paperwork violation.

New York is a particularly relevant case study on the subject, as its highly restrictive concealed carry framework was the subject of a landmark Supreme Court case—New York State Rifle & Pistol Association, Inc. v. Bruen—which the majority disemboweled. It wasn't just conservative gun rights advocates who wanted that ruling, although you'd be forgiven for thinking so based on how polarized this debate tends to be. That Supreme Court decision also attracted support from progressive public defenders with The Black Attorneys of Legal Aid, The Bronx Defenders, and Brooklyn Defender Services. As I wrote in June about the amicus brief they submitted to the Court:

[The public defenders] offered several case studies centered around people whose lives were similarly upended. Among them were Benjamin Prosser and Sam Little, who had both been victims of violent crimes and who are now considered "violent felons" in the eyes of the state simply for carrying a firearm without the mandated government approval. Little, a single father who had previously been slashed in the face, was separated from his family while he served his sentence at the Vernon C. Bain Center, a notorious jail that floats on the East River. The conviction destroyed his nascent career, with the Department of Education rescinding its offer of employment.

In many jurisdictions, including New York, it can be expensive and time-consuming to get the required license, which in turn makes the Second Amendment available only to people of a certain class.

So where do we go from here? Those skeptical of rolling back concealed carry restrictions may take comfort in the fact that this doesn't have to be black and white. Governments, for example, can "give eligible persons a 30-day grace period to seek and obtain a permit after being charged, then automatically drop charges and expunge record once obtained," offers Amy Swearer, a senior legal fellow at the Heritage Foundation, or "remove the criminal penalty entirely" and perhaps "make it a fineable infraction," like driving without a license.

Whatever the case, it should be—it is—possible to balance public safety with the right to bear arms, and, as an extension, the right to self-defense. To argue otherwise is to embolden a legal system that incentivizes elderly men like Yakaitis to sit down and take it when someone threatens their life.

The post This Elderly Man Was Arrested After Shooting a Burglar in Self-Defense—for Carrying the Gun Without a License appeared first on Reason.com.

  • ✇Latest
  • The Economy Is Doing Way Better Than Many BelieveVeronique de Rugy
    America is celebrated for its economic dynamism and ample and generously paid employment opportunities. It's a nation that attracts immigrants from around the world. Yet Americans are bummed, and have been for a while. They believe that life was better 40 years ago. And maybe it was on some fronts, but not economically. Surveys repeatedly demonstrate that Americans view today's economy in a negative light. Seventy-six percent believe the country
     

The Economy Is Doing Way Better Than Many Believe

29. Únor 2024 v 06:15
An upward arrow is seen in front of cash | Photo 150944205 | Accountant © Darren4155 | Dreamstime.com

America is celebrated for its economic dynamism and ample and generously paid employment opportunities. It's a nation that attracts immigrants from around the world. Yet Americans are bummed, and have been for a while. They believe that life was better 40 years ago. And maybe it was on some fronts, but not economically.

Surveys repeatedly demonstrate that Americans view today's economy in a negative light. Seventy-six percent believe the country is going in the wrong direction. Some polls even show that young people believe they'll be denied the American dream. Now, that might turn out to be true if Congress continues spending like drunken sailors. But it certainly isn't true based on a look back in time. By nearly all economic measures, we're doing much better today than we were in the 1970s and 1980s—a time most nostalgic people revere as a great era.

In a recent article, economist Jeremy Horpedahl looked at generational wealth (all assets minus all debt) and how today's young people are faring compared to previous generations. His findings are surprising. After all the talk about how Millennials are the poorest or unluckiest generation yet, Horpedahl's data show them with dramatically more wealth than Gen Xers had at the same age. And this wealth continues to grow.

What about income? A new paper by the American Enterprise Institute's Kevin Corinth and Federal Reserve Board's Jeff Larrimore looks at income levels by generation in a variety of ways. They find that each of the past four generations had higher inflation-adjusted incomes than did the previous generation. Further, they find that this trend doesn't seem to be driven by women entering the workforce.

That last part matters because if you listen to progressives and New Right conservatives, you might get a different story: that today's higher incomes are only due to the fact that both parents must now work in order for a family to afford a middle-class lifestyle. They claim that supporting a family of four on one income, like many people did back in the '70s and '80s, is now impossible. Believing this claim understandably bums people out.

But it's not true. One of its many problems, in addition to the data evidence provided by Corinth and Larrimore, is that it mistakenly implies that single-income households were the norm. In fact, as early as 1978, 50 percent of married couples were dual earners and just 25.6 percent relied only on a husband's income. I also assume that there are more dual-income earners now than there were in the '80s. While this may in fact be true for married couples (61 percent of married parents are now dual-earners), because marriage itself has declined, single-earner families have become relatively more common.

Maybe the overall morosity on the economy has to do with the perception that it's more expensive to raise a family these days than it used to be. Another report by Angela Rachidi looks at whether the decline in marriage, fertility, and the increase in out-of-wedlock childbirths are the result of economic hardship. She finds that contrary to the prevailing narrative, "household and family-level income show growth in recent decades after accounting for taxes and transfers." Not only that, but "the costs of raising a family—including housing, childcare, and higher education costs—have not grown so substantially over the past several decades that they indicate an affordability crisis."

So, what exactly is bumming people out? We may find an answer in the 1984 Ronald Reagan campaign ad commonly known as "Morning in America." It begins with serene images of an idyllic American landscape waking up to a new day. It features visuals of people going to work, flags waving in front of homes, and ordinary families in peaceful settings. The narrator speaks over these images, detailing improvements in the American condition over the past four years, including job creation, economic growth, and national pride.

I believe this feeling is what people are nostalgic about. It seems that they are nostalgic about a time when America was more united and it was clearer what being American meant. Never mind that this nostalgia is often based on an incomplete and idealized memory of an era that, like ours, was not perfect.

This is a serious challenge that we need to figure out how to address. One thing that won't help, though, is to erroneously claim that people were economically better off back then and call on government to fix an imaginary problem.

COPYRIGHT 2024 CREATORS.COM.

The post The Economy Is Doing Way Better Than Many Believe appeared first on Reason.com.

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