Yesterday, this article showed up in the search that I continually have running for personal protection incidents and I shared it on Facebook.
Prosecutor: 13 bullet holes showed self-defense for man cleared of murder charge https://www.victoriaadvocate.com/counties/dewitt/prosecutor-bullet-holes-showed-self-defense-for-man-cleared-of/article_def55934-d637-11e8-9546-637075a1ed02.html
When I share things, I often quote what I consider an important point of the story. For this incident, I thought this was important.
The number of bullets fired by Martinez [27] stood in stark contrast to the single, fatal shot from Kirkman’s antique, bolt-action .22-caliber rifle.
Someone immediately took me to task about the .22 caliber aspect. Apparently, they thought I was advocating carrying a single shot .22 rifle for personal protection. I don’t recall saying that, I merely used the quote as an illustration of the difference between being a spray and pray artist vis-à-vis aiming and getting a good hit. Perhaps that wasn’t clear from the quote.
Investigators documented 11 bullet holes made by a .223-caliber rifle and two from a .40-caliber pistol. An AR-15 and .40-caliber pistol were found near Martinez’s body along with 15 rifle and 12 pistol casings.
In this case at least, ‘firepower’ wasn’t as important as accuracy. That’s what I thought was important. The dead man had firepower and he squandered it. The survivor had skill and he used it wisely.
It’s also worth noting;
Kirkman was imprisoned for 55 days in lieu of a $500,000 bond.
Possibly because;
After Martinez was shot, Kirkman took his girlfriend and fled the scene
He then went home and was subsequently arrested there. Perhaps if he had notified the authorities and had them come to him, he might not have had to spend to two months in jail waiting for the Grand Jury to clear him. Hopefully, he didn’t need a Man Lock while he was there. As Massad Ayoob has pointed out for many years, flight immediately creates the appearance of guilt.
I’m sure this gentleman wasn’t carrying a single shot .22 rifle with the idea of having a weapon for personal protection. Ultimately though, we will press into service any weapon that’s close at hand. That’s why thinking ahead about the implications of personal protection and all three battles; before, during, and after, is important.
Unlike years ago, there’s a great deal of information available about all three battles from numerous organizations and sources. My personal choice is the Armed Citizens’ Legal Defense Network but you should choose whatever source that you are comfortable with. Even just reading a book, such as Law of Self Defense, will give you some idea about what you could face. Don’t rely on information gleaned for free on the Internet, it’s usually wrong.
An earlier report about the incident is here:
My books about developing skill with handguns are available in the Tactical Professor books tab at the top of the page.
FTC Notice: I receive a complimentary membership in ACLDN and LOSD was provided to me at no charge. However, I receive no compensation for mentioning them, I just think they’re good resources.
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Why was the guy even charged?
Probably because he fled the scene. The Grand Jury investigation is protocol in Texas for any homicide.
Clearly, Kirkman should have taken Martinez with him to his house after shooting him, then, push is body through the 2nd floor window and claim self-defense. Oh, and don’t forget to place the butcher knife from the kitchen in his hand.
At least that’s what the guy working at the gun store told me.