Man (properly) denies gun charge after killing attacker

The prosecutor wants to send the message "No armed
citizens defending themselves around here!" THIS is
exactly why it is necessary to fight this gun control
nonsense.

http://www.rochesterdandc.com/apps/pbcs.dll/article?AID=/20060810/NEWS01/608100370/1002/NEWS

"Laws provide against injury from others, but not from
ourselves." --Thomas Jefferson: Notes on Religion, 1776
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Man denies gun charge after killing attacker

Michael Zeigler
Staff writer

(August 10, 2006) — When Matthew L. McDonald tried to rob
Stuart D. Miles at gunpoint, Miles responded by shooting and
killing McDonald with a .38-caliber revolver.

Now Miles is in trouble for illegally possessing the gun he
used in self-defense.

Miles, 25, pleaded not guilty Wednesday to second- and
third-degree criminal possession of a weapon in connection
with the May 1 slaying of McDonald, 18, on Jefferson Avenue.

If convicted, Miles could be imprisoned up to 15 years.

Monroe County Court Judge Patricia D. Marks ordered him held
without bail in County Jail.

Miles was walking down Jefferson Avenue near Champlain
Street when he heard someone walk up behind him, rack a
pistol twice and order Miles to "up your chain" and "run
your pockets," said Miles' lawyer, Robert A. Shapiro.

Miles turned and saw McDonald pointing what appeared to be a
pistol. Miles pulled out his own gun and fired twice,
killing McDonald.

McDonald's weapon turned out to be a BB gun.

But Miles couldn't tell that as he was looking down its
barrel, Shapiro said.

Prosecutors presented a charge of second-degree murder to a
grand jury, which refused to indict him on that charge, said
Assistant District Attorney Paul Irving.