DEAD ZONE
May 2nd, 2002, 01:32 PM
Is it just me,or has the legal system gone a little madd.
http://www.zwire.com/site/news.cfm?newsid=4003055&BRD=982&PAG=461&dept_id=467992&rfi=6
On Thursday morning, Kerr is to turn himself in to 45A District Court in Berkley to be arraigned on two charges of assault and battery, 90-day misdemeanors.
"I would never believe this in my wildest dreams," Kerr said Tuesday of the charges. "I was afraid. You have to look at my picture. My two kids are sleeping, actually a third with my daughter's friend. I open the closet door and I see someone I've never seen in my life. I'm just glad I didn't have a gun."
What Kerr, 41, did have were his fists, and he hit the intruder several times before realizing it was a 14-year-old acquaintance of his daughter and her sleep-over friend.
A second intruder, also stuffed in the small bedroom closet, was the daughter's 14-year-old boyfriend. Kerr jerked him out of the closet.
The boys had attended the same party the girls did earlier in the evening.
The girls left the party about 11 p.m. and came back to the Kerr home. About 3 a.m., the boys came to the home, tapped on the daughter's bedroom window and were invited inside.
An hour later, Kerr was awakened by a bump and went downstairs to check on the girls. It appeared they were asleep. He began to walk out of the room when he heard the closet door wiggle.
"My heart dropped," he said. "I thought, 'Oh my God, there's someone in the closet.' "
He opened the door to find a person standing with his arms stretched toward the ceiling because of the tight fit in the closet. Kerr yanked the boy from the closet, falling on him in the process.
Kerr admitted hitting the first boy two or three times although the boy told police he was struck many more times than that. He did not strike the boyfriend, he said. Kerr, who said he has two felonies on his record, hired a lawyer and met with the police after the incident. He thought that would be the end of it. It wasn't.
"I think it's a bunch of baloney," he said. "What would anybody do? My No. 1 priority is to protect my wife and kids. (The boys) were hiding in my closet. That's what they told the police. What would you do if you found some unknown person hiding in the closet at 4:05 in the morning?"
James Halushka, director of warrants and investigations for the Prosecutor's Office, said Kerr's prior record was a factor in the decision to charge him. The office is going to take a second look at the facts.
"We're going to take this case under review at this point," Halushka said Tuesday. "We want to consult with the victims' families and the detective and take a closer look at their version and the defendant's."
Defense attorney Stuart Young, who represents Kerr, was surprised his client was charged at all. He said Kerr was simply defending his home.
"The man was scared out of his mind and he truly believed they were intruders in his home," Young said. "He did what any normal person would do - he reacted. We're going to try this case. He's not pleading guilty to anything.
"I can't understand for the life of me why they're charging him. The theory is he used unnecessary force but no one got hurt. They're lucky he didn't come down with a shotgun."
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=27450
"These guys were working
in their business when a convicted felon breaks
into their building, threatens to kill them, comes at
them, and when they defend themselves and save
their own lives they are the ones that are criminally
prosecuted."
Police found no weapon on Walker other than a
hammer. As a result, a Baltimore County grand jury
indicted Kifer and Der Nov. 28, 2001, even though
both claimed Walker threatened to kill them.
Neither Kifer nor Der has criminal records, according
to Patricia Romero, a spokeswoman for the legal
group. Der allegedly shot Walker with a .45-caliber
pistol; Kifer allegedly used a 12-gauge shotgun.
http://www.zwire.com/site/news.cfm?newsid=4003055&BRD=982&PAG=461&dept_id=467992&rfi=6
On Thursday morning, Kerr is to turn himself in to 45A District Court in Berkley to be arraigned on two charges of assault and battery, 90-day misdemeanors.
"I would never believe this in my wildest dreams," Kerr said Tuesday of the charges. "I was afraid. You have to look at my picture. My two kids are sleeping, actually a third with my daughter's friend. I open the closet door and I see someone I've never seen in my life. I'm just glad I didn't have a gun."
What Kerr, 41, did have were his fists, and he hit the intruder several times before realizing it was a 14-year-old acquaintance of his daughter and her sleep-over friend.
A second intruder, also stuffed in the small bedroom closet, was the daughter's 14-year-old boyfriend. Kerr jerked him out of the closet.
The boys had attended the same party the girls did earlier in the evening.
The girls left the party about 11 p.m. and came back to the Kerr home. About 3 a.m., the boys came to the home, tapped on the daughter's bedroom window and were invited inside.
An hour later, Kerr was awakened by a bump and went downstairs to check on the girls. It appeared they were asleep. He began to walk out of the room when he heard the closet door wiggle.
"My heart dropped," he said. "I thought, 'Oh my God, there's someone in the closet.' "
He opened the door to find a person standing with his arms stretched toward the ceiling because of the tight fit in the closet. Kerr yanked the boy from the closet, falling on him in the process.
Kerr admitted hitting the first boy two or three times although the boy told police he was struck many more times than that. He did not strike the boyfriend, he said. Kerr, who said he has two felonies on his record, hired a lawyer and met with the police after the incident. He thought that would be the end of it. It wasn't.
"I think it's a bunch of baloney," he said. "What would anybody do? My No. 1 priority is to protect my wife and kids. (The boys) were hiding in my closet. That's what they told the police. What would you do if you found some unknown person hiding in the closet at 4:05 in the morning?"
James Halushka, director of warrants and investigations for the Prosecutor's Office, said Kerr's prior record was a factor in the decision to charge him. The office is going to take a second look at the facts.
"We're going to take this case under review at this point," Halushka said Tuesday. "We want to consult with the victims' families and the detective and take a closer look at their version and the defendant's."
Defense attorney Stuart Young, who represents Kerr, was surprised his client was charged at all. He said Kerr was simply defending his home.
"The man was scared out of his mind and he truly believed they were intruders in his home," Young said. "He did what any normal person would do - he reacted. We're going to try this case. He's not pleading guilty to anything.
"I can't understand for the life of me why they're charging him. The theory is he used unnecessary force but no one got hurt. They're lucky he didn't come down with a shotgun."
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=27450
"These guys were working
in their business when a convicted felon breaks
into their building, threatens to kill them, comes at
them, and when they defend themselves and save
their own lives they are the ones that are criminally
prosecuted."
Police found no weapon on Walker other than a
hammer. As a result, a Baltimore County grand jury
indicted Kifer and Der Nov. 28, 2001, even though
both claimed Walker threatened to kill them.
Neither Kifer nor Der has criminal records, according
to Patricia Romero, a spokeswoman for the legal
group. Der allegedly shot Walker with a .45-caliber
pistol; Kifer allegedly used a 12-gauge shotgun.