This case was probably the biggest news story in my home town in the past year. I don't know anybody involved so all the information that I have comes from the local newspaper.
In December 2009 a Lukata Way (31 years old) was shot three times and killed at a house in Sierra Vista, AZ. Robert Tillman (20 years old at the time) admits he shot the man, and was charged with eight crimes related to the incident including second degree murder. He was subsequently cleared of all charges by a jury of his peers.
From what I can tell by reading newspaper reports, this is what happened:
There was a house party which apparently included high school students as well as adults (19-20 year olds). At some point, most of the people including the high school students were asked to leave. A 16 year old boy alleges that Jeremy Campas (19 year old Marine) pointed a gun at him for some reason (Campas was charged with aggravated assault but later acquitted).
The 16 year old left and told Way, who was a family friend, what allegedly happened. Way apparently decided that it would be a good idea to go confront the people who had allegedly threatened his minor friend with a gun instead of call the police.
Around this time people who were still at the house were told that people were coming over with weapons. At this point, Tillman's younger brother went to his car to retrieve his handgun and gave it to Tillman.
Sometime after this Way knocked on the door. Campas answered with a knife in hand. Way shoved him against a wall and forced his way in. The homeowner fired a couple warning shots. Sometime after this (I could not tell from reading the news reports how long but I would guess not very), Tillman shot Way three times, once in the head and twice in the back. Campas was hit once (he suffered minor injuries), although the defense alleges this could have come from outside (I doubt it but I don't think it matters).
After the shooting, everybody exited from a window fearing that there would be more people coming with weapons. Tillman gave the gun back to his brother who hid it in some bushes. The police then came and interviewed everybody. Tillman admitted that he shot Way, and was not immediately arrested. That only came days later when he was arrested at his home in Glendale, AZ (200 miles away).
Something else that is interesting with this case: Tillman had killed somebody in self defense four years previously. He was not charged in that case although the SVPD apparently wanted him to be but the DA thought it was a clear case of self defense. It is not really relevant to whether Tillman was guilty or not of any crime relating to killing Way (I am sure the jury wasn't allowed to hear it) but it is interesting. How many people have killed someone in legitimate cases of self defense in America in two separate occasions before they turned 21? I wouldn't be surprised if that number was one. I also wouldn't be surprised if this was a factor in the decision to prosecute Tillman.
In any case, Tillman was acquitted by a jury of his peers. And it apparently only took them about an hour and a half to deliberate.
I admit that I do not have all the facts in the case, just what I read in the paper, but if it is true that Way had forced his way into the house and assaulted Campas (which is what the jury heard), I think Tillman was well with in his legal right to shoot Way and frankly the Sierra Vista Police Department and the Cochise County Attorney's office wasted a lot of money (and several months of Tillman's life - I don't think he made bail), unnecessarily.
These are the articles written in the Sierra Vista Herald about this case. Unfortunately, the some of them require paid membership to read.
Here is the relevant statute. From what I understand, it was not even contested by the state that Way had forced his way into the house and assaulted Campas. Thus, I am not even sure why the SVPD and the Cochise County Attorney's office pursued this case. People do seem sharply divided over the case though.
What are your thoughts? Do you think that the facts (at least as I have presented them) mean that Tillman was guilty of murder or some other crime? Not guilty of any crime? Or maybe that he would have been guilty of a crime (murder, manslaughter, whatever) if you were in charge of writing the statutes? (If that is the case please explain how the statute is flawed). I understand that you do not have all the information but please answer with what was given for the sake of discussion.
In December 2009 a Lukata Way (31 years old) was shot three times and killed at a house in Sierra Vista, AZ. Robert Tillman (20 years old at the time) admits he shot the man, and was charged with eight crimes related to the incident including second degree murder. He was subsequently cleared of all charges by a jury of his peers.
From what I can tell by reading newspaper reports, this is what happened:
There was a house party which apparently included high school students as well as adults (19-20 year olds). At some point, most of the people including the high school students were asked to leave. A 16 year old boy alleges that Jeremy Campas (19 year old Marine) pointed a gun at him for some reason (Campas was charged with aggravated assault but later acquitted).
The 16 year old left and told Way, who was a family friend, what allegedly happened. Way apparently decided that it would be a good idea to go confront the people who had allegedly threatened his minor friend with a gun instead of call the police.
Around this time people who were still at the house were told that people were coming over with weapons. At this point, Tillman's younger brother went to his car to retrieve his handgun and gave it to Tillman.
Sometime after this Way knocked on the door. Campas answered with a knife in hand. Way shoved him against a wall and forced his way in. The homeowner fired a couple warning shots. Sometime after this (I could not tell from reading the news reports how long but I would guess not very), Tillman shot Way three times, once in the head and twice in the back. Campas was hit once (he suffered minor injuries), although the defense alleges this could have come from outside (I doubt it but I don't think it matters).
After the shooting, everybody exited from a window fearing that there would be more people coming with weapons. Tillman gave the gun back to his brother who hid it in some bushes. The police then came and interviewed everybody. Tillman admitted that he shot Way, and was not immediately arrested. That only came days later when he was arrested at his home in Glendale, AZ (200 miles away).
Something else that is interesting with this case: Tillman had killed somebody in self defense four years previously. He was not charged in that case although the SVPD apparently wanted him to be but the DA thought it was a clear case of self defense. It is not really relevant to whether Tillman was guilty or not of any crime relating to killing Way (I am sure the jury wasn't allowed to hear it) but it is interesting. How many people have killed someone in legitimate cases of self defense in America in two separate occasions before they turned 21? I wouldn't be surprised if that number was one. I also wouldn't be surprised if this was a factor in the decision to prosecute Tillman.
In any case, Tillman was acquitted by a jury of his peers. And it apparently only took them about an hour and a half to deliberate.
I admit that I do not have all the facts in the case, just what I read in the paper, but if it is true that Way had forced his way into the house and assaulted Campas (which is what the jury heard), I think Tillman was well with in his legal right to shoot Way and frankly the Sierra Vista Police Department and the Cochise County Attorney's office wasted a lot of money (and several months of Tillman's life - I don't think he made bail), unnecessarily.
These are the articles written in the Sierra Vista Herald about this case. Unfortunately, the some of them require paid membership to read.
Here is the relevant statute. From what I understand, it was not even contested by the state that Way had forced his way into the house and assaulted Campas. Thus, I am not even sure why the SVPD and the Cochise County Attorney's office pursued this case. People do seem sharply divided over the case though.
What are your thoughts? Do you think that the facts (at least as I have presented them) mean that Tillman was guilty of murder or some other crime? Not guilty of any crime? Or maybe that he would have been guilty of a crime (murder, manslaughter, whatever) if you were in charge of writing the statutes? (If that is the case please explain how the statute is flawed). I understand that you do not have all the information but please answer with what was given for the sake of discussion.
