Man Found Not Guilty Of Shooting After "Standing His Ground"

[Saur]

CLAREMORE, OK -- A Green Country man hopes the New Year is better for him than the last two.

Mark Abshire was charged with shooting with intent to kill in 2007 and his life turned upside down until his trial a few weeks ago.

The jury found Abshire not guilty, that he was acting in self defense. Now, he's finally able to tell the story, in his own words.

Mark Abshire has relived the night of September second, 2007 over and over.

It changed his life in ways he could never have imagined: he was forced to sell his home, lost a six-figure job, pension, 401K and faced life in prison.

"My intention was everybody stay back, let the police handle it, but I don't think in their state of mind, they cared," Abshire said.

It started after vehicles had sped through the neighborhood for the second time and a neighbor's wife, hollered at them to slow down.

Two cars came back to Abshire's house, cussed his wife and attacked his neighbor.

He says he sprayed pepper spray, pulled his gun and told them to leave.

A third car pulled up, so now he was facing six angry, drunk men while his wife was on the phone to the sheriff.

"When we told them they need to leave, they were still screaming we messed with the wrong people and didn't know what we'd done," Abshire said. "One guy started reading the house numbers off my house and said we don't care if the police are coming, we'll burn your f-ing house down and kill everybody in it."

Mark says he turned to look at his wife, when Robbie Case tackled him, knocking him to the concrete, cracking his teeth.

"Starting pulling me by the throat into the ditch, choking me while he friend was kicking me, I finally managed to get his hand off my throat, drew my gun and shot him," Abshire said.

He fired again; Case was hit in the chest and the back and paralyzed.

Abshire was arrested and sat in jail 18 days before being charged with shooting with intent to kill.

Two and a half years later, the trial began. After six days of testimony and two hours of deliberations, the jury found Mark not guilty.

"It was an overwhelming feeling of relief and happiness for my family, unable to put words to it, the emotions, very thankful to the jury," Abshire said.

Mark is very grateful for the friends, family and church that stood beside him and his attorney Jack Gordon, Junior.

He plans to sue for civil rights violations. He says people are still making threats against his family.

http://www.newson6.com/global/story.asp?s=11744698

http://www.claremoreprogress.com/archivesearch/local_story_349125228.html

 

[nofearfactor]

Thats ****ed up.

 

[langston302]

ok I know there are two sides to every story.....but the cops and the DA in that deal are jackasses for reals (if it happened like he said it did).
Dude was in definitive peril for his life and used his pistol for what it was for....I am going to tell you if that had happened to a LEO like he said it happened to him....nothing would have happened. Somebody just wanted to lynch somebody

 

[SMS]

"...sprayed pepper spray, pulled his gun and told them to leave".

I'm betting this action prior to the fight contributed to the long legal battle. Seems to me, just from the article, that he was the first one to bring deadly force to the table. The article mentions his neighbor being 'attacked' but doesn't cleary state the nature of that attack...verbal, physical?

His hardship after the shooting is yet another reason to not try to use your weapon as a talisman...stand your ground law doesn't mean you get to pick fights, start fights, participate in fights, hose people down with pepper spray, and then pull your gun when you don't like how things are going.

Glad it all worked out in the end for the shooter. Sorry that a neighborhood dispute resulted in so much financial and physical destruction to both parties.

 

[Roadking Larry]

I'm kind of surprised we missed this one.
I don't really even remember hearing about it when it happend.

Man Found Not Guilty Of Shooting After "Standing His Ground" Speaks

CLAREMORE, OK -- A Green Country man hopes the New Year is better for him than the last two.

Mark Abshire was charged with shooting with intent to kill in 2007 and his life turned upside down until his trial a few weeks ago.

The jury found Abshire not guilty, that he was acting in self defense. Now, he's finally able to tell the story, in his own words.

Mark Abshire has relived the night of September second, 2007 over and over.

It changed his life in ways he could never have imagined: he was forced to sell his home, lost a six-figure job, pension, 401K and faced life in prison.

"My intention was everybody stay back, let the police handle it, but I don't think in their state of mind, they cared," Abshire said.

It started after vehicles had sped through the neighborhood for the second time and a neighbor's wife, hollered at them to slow down.

Two cars came back to Abshire's house, cussed his wife and attacked his neighbor.

He says he sprayed pepper spray, pulled his gun and told them to leave.

A third car pulled up, so now he was facing six angry, drunk men while his wife was on the phone to the sheriff.

"When we told them they need to leave, they were still screaming we messed with the wrong people and didn't know what we'd done," Abshire said. "One guy started reading the house numbers off my house and said we don't care if the police are coming, we'll burn your f-ing house down and kill everybody in it."

Mark says he turned to look at his wife, when Robbie Case tackled him, knocking him to the concrete, cracking his teeth.

"Starting pulling me by the throat into the ditch, choking me while he friend was kicking me, I finally managed to get his hand off my throat, drew my gun and shot him," Abshire said.

He fired again; Case was hit in the chest and the back and paralyzed.

Abshire was arrested and sat in jail 18 days before being charged with shooting with intent to kill.

Two and a half years later, the trial began. After six days of testimony and two hours of deliberations, the jury found Mark not guilty.

"It was an overwhelming feeling of relief and happiness for my family, unable to put words to it, the emotions, very thankful to the jury," Abshire said.

Mark is very grateful for the friends, family and church that stood beside him and his attorney Jack Gordon, Junior.

Abshire plans to sue for civil rights violations. He says people are still making threats against his family.

Back story

http://www.newson6.com/Global/story.asp?S=8086469


If what is in the report is the actual case and these things were known I'm kind of pissed at Rogers County.

 

[Shadowrider]

I am soooooo glad I don't live up there. That DA's a retard. Why do they just have to keep "testing" the law? Can't they read? Now who is going to pay this guy his legal fees? And all the money he's lost?

 

[SMS]

Going on down in Self Defense....

http://www.okshooters.com/forums/showthread.php?t=75352

 

[Roadking Larry]

Gosh SMS what's a guy supposed to do when he has a 4-6 anry drunk morons screaming and threatening him in his own drive way?
Bend over and take it? Is that what you would do?

Did you read he article? I would accept that the facts related in the story are pretty much what came out at trial and therefore probably pretty true to fact.
It is a major load of crap that this man ever went to trial.
Story states that two men were phyisicaly attacking him at the time of the shooting. How the hell would that not be self defense if the rest of the story is true?

 

[arenathlete]

Next time, don't use the key-chain pepper spray esp. if you're facing angry, drunks....... or pull your weapon without using it; relieved to hear that he's free

 

[TJay74]

That Is What Bugs Me About Our Legal System Here In Oklahoma. It States That If The Shooting Was Justified Than The Shooter Is To Not Be Charged And Their Weapon Is Not To Be Confiscated Under The New Law.

I Think This Guys Problem Was That The Responding Officers Didnt Think It Was A Justified Shooting Due To Him Spraying The People With Mace, Plus With Them Yelling At The Drivers As Well They Might Of Have Percieved It As Maybe Starting The Altercation When They Should Of Ahve Called The Police And Filed A Complaint On Speeding Drivers Instead.

Just Another Reason To Why You Should Mind Your Own Business And Not Make Noise Or Bring Attention To Yourself Or Else If You Are Forced To Defend Yourself It Might Start A Nice Long Legal Battle For Your Rights.