(2010-07-06) An apparently classic example of self defense occurred on the same day that the Supreme Court issued its ruling in the McDonald case. 29-year-old Benjamin Jackson heard the screams of a neighbor as she was being forced into her apartment by gunmen, and in going to the door was himself confronted, forced into his own apartment and placed on his knees with hands behind his head while gunmen rummaged his home. Normally this kind of story has a tragic ending in Maryland, but when the nearest gunman became distracted, Jackson was able to reach his own firearm. According to the published accounts, the thug saw this and opened fire. Jackson returned fire, ultimately killing the intruder and driving off his accomplices. In all likelihood, he saved both his and his neighbor’s lives.
This being Maryland, we also have obligatory harrumphing from officials who, while admitting grudgingly that we have a right of self defense, are nevertheless investigating Jackson to see how he might be charged in connection with his handgun. If they can construct a sufficient technical argument for how Jackson committed a paperwork violation (e.g., in the gun’s purchase) they can still win a conviction. And because a handgun is involved, that could mean a mandatory five year sentence. Yes, Maryland’s perverse social climate builds incentives for prosecutors to focus on Jackson, whose assailants remain at large as of the time of this writing.
This is also a classic example of the importance of the new civil immunity granted to Maryland home and business owners in the last legislative session, as reported here and signed into law by Governor O’Malley. People who use force in defense deserve not to have a home invader’s estate try to bankrupt them in some civil suit over the poor misguided miscreant’s pain and suffering after being stopped while doing crime. There is no word on whether such a suit would arise in this case, but unfortunately for Jackson, the new law won’t take effect until October 1st.