View Full Version : Leaving house to kill unarmed trespasser?

07-23-2018, 10:16 PM
From what I was taught, this was murder. But the jury did not see it that way.

LeMaster not guilty of all charges in Huntington murder trial
By WSAZ News Staff; Andrew Colegrove; Dan Klein | UPDATE 11/4/16 @ 8 p.m.
CABELL COUNTY, W.Va. (WSAZ) -- After nearly six hours of jury deliberations, a Huntington man has been found not guilty Friday night of all charges in the shooting death of another man early last year outside the accused man's home.
Micah LeMaster was found not guilty of first-degree murder, second-degree murder and voluntary manslaughter.
LeMaster was accused of killing Josh Martin outside LeMaster's Donald Avenue home in March 2015.
Martin's family gasped and cried when the verdict was read. LeMaster and his family were escorted out of the courthouse by security.
"We are disappointed," Prosecutor Sean "Corky" Hammers said. "We were passionate about it being a crime, but the jury listened to the instructions, and they didn't think it was a crime, and we have to respect that."
During their closing arguments Friday morning, both sides stuck to their original story.
LeMaster's attorney Rich Weston said he was protecting his family after Martin tried to break in around 3 a.m.

"The facts are on our side. Mr. LeMaster was forced, forced to use self defense that night, self defense, to protect himself and to protect others," said Weston.
But prosecutors say LeMaster escalated the situation by leaving the protection of his home and following a naked, injured and unarmed Martin into the street.
"Josh tried to get away," said assistant prosecutor Peggy Brown. "The defendant stayed outside after Josh had run away, watching. And when Josh came back into his view, he walked toward him and shot him dead."
Brown concluded her closing statement charging the jury to send a message to the people of Cabell County, "That it is not acceptable to shoot someone who comes to your door, even in the middle of the night, and thereafter pursue them and shoot them dead, even if they are acting crazy."
Weston then mirrored her words with a similar charge to the citizens, "Let it be known that if you're forced to defend your kids from a man who is high and who is crazy that we're not going to second guess you when you have to make a split-second decision."
After the verdict was read, a relative was overheard voicing frustration that none of the jurors were African American.
"To be quite honest, I don't think we started out with any," Hammers said, "and if we did have any, they had a reason to strike them. If there were any African Americans on this jury to start with, I can assure you they were not stricken from this jury because they were African American."

07-24-2018, 07:19 AM
One guy getting found "not guilty" doesn't make it a good idea.

I didn't sit through the trial, but it occurs to me that if he had handled things a little differently, there wouldn't have been a trial.

07-24-2018, 07:42 AM
My thoughts are not killing when you legally can get away with it, but to solve a problem involving your security or that of your family. In this case what was the threat level? A naked injured man seems to be something you call 911 about. Obviously no weapons visible. No mention of him offering a physical threat.

I do not see much in the way of an upside to killing and a lot of downsides.

Greg Nichols
07-24-2018, 07:45 AM
This is more akin to that stupidity over the parking space.

Eric Tull
07-24-2018, 07:48 AM
We would need a lot more details before we could analyze this incident. Not surprisingly, the news media didn't provide those necessary details.

Gabriel Suarez
07-24-2018, 11:43 AM


Bob F.
07-24-2018, 12:15 PM
Obviously, LeMasters did not have access to your very astute(as usual) thread. I'm with my fellow Mountaineer.

Sam Spade
07-24-2018, 01:40 PM
One guy getting found "not guilty" doesn't make it a good idea.

This. The problem with black swan events is that mouth-breathers start thinking that's what the flock looks like. They're too stupid to separate the outliers from the big picture and then get all surprised when the world doesn't go their way.

07-24-2018, 01:45 PM
The man shot previously attended a birthday party, got high on 'shrooms, went nuts, took off clothes, and try to come in the front door of the shooter.