Yesterday, the appellate court overturned the murder conviction of Harold Fish in Arizona, and remanded it for a new trial. This is indeed welcome news.
Fish is the retired schoolteacher who was hiking when attacked by an emotionally disturbed person and his two dogs. He wound up having to shoot the assailant, who died of three gunshot wounds. The lead investigator originally determined the shooting to be justifiable, but friends of the deceased apparently prevailed on the prosecutor to press charges. You can download a ProArms podcast in which a man close to the case discusses some of what went on, while guest-lecturing at one of my classes in Phoenix last year.
The jury was not allowed to know just how violent the dead man had been. Nor were the jurors given proper instructions on what constitutes self-defense. Both of these errors are cited in the higher court’s decision to reverse, found in its entirety HERE .
The case is well known to gun people because the death weapon was Fish’s Kimber 10mm semiautomatic pistol, loaded with Federal hollow point ammunition, and the prosecution made a huge deal about the powerful weapon and its deadly dum-dum bullets. These arguments were not effectively countered by defense counsel at trial, and jurors later stated that these factors did indeed influence their decision to convict. Significantly, none of that is addressed in the appellate court’s opinion, which tells us that it’s wise to be able to explain to lay people on a jury why we use the firearms and ammo we do to protect ourselves.
I personally thought the conviction of Harold Fish was a travesty of justice. Here’s hope that there is light at the end of the tunnel of the long ordeal this good man has needlessly suffered.
Mas,
Thanks for passing along the good news. As a free citizen of AZ, I was saddened when he was convicted. It was a travesty of justice and I honestly believe his prosecution was so the county attorney could try to garner political points. Hopefully they will decide to drop the charges and not retry him.
I’m still surprised the initial verdict wasn’t thrown out as a mistrial. Fish’s defense counsel didn’t appear particularly competent, and being forbidden to present evidence showing that the assailant was, frankly, a violent sociopath is utterly absurd. “Travesty” barely covers it; Fish was railroaded.
Mas, Did the NRA or any other pro gun groups step up behind the scene to assist Mr. Fish? What resources are available for people charged with similar crimes ie: If I’m in Virginia, How can I notify “experts” in “justifiable use of force” criminal defense that I have been accused of such a crime if I or we find ourselves in a similar situation? I’m a little scared that a person can be walking along, get attacked and thrown in jail for simply defending them selves but I know it happens more often than not unfortunately.
I suspect much of this has been the influx of Californians moving en mass to AZ and bringing their own brand of politics. I suppose the guy was expected to call 911 and wait for the police to promptly rappel in.
As I recall the aggrivating circumstance, both for the assailant and the press, was that he had to shoot the guy’s dog first. Whenever I go to state or county parks, I’m amazed with the frequency of people ignoring leash laws. I had to pepperspray some idiot’s dog once, and all I got was “sorry”. If a windy day would’ve rendered the spray useless, this could’ve been my story.
Mike, he had lots of support, but he also has about a half million in legal bills.
If you live in Virginia, I’d suggest that you Google VCDL, the Virginia Citizens’ Defense League. Phil van Cleave and his team there have done a wonderful job for their members.
best,
Mas
This case was brought up in my CCW class and it scared the heck out of a lot of us. I know here in CA many folks recommend only shooting ammo that has “Personal Defense”, “Defense”, “Personal Protection” or some other such nonesense printed on the box because of how stupid juries are.
Wow, that’s good news. Amazing that the Court of Appeals ruled that way on the evidentiary issue. Let’s see whether the AZ SCt takes review on the State’s request or lets that opinion stand . . .
WoW, Hey Mas, just moved to Arizona from Ohio couple weeks ago. What a welcome change of pace. (Prescott area) Permit didnt carry over after drivers license change, but no worries, when I carry in the open nobody even bats an eye. Only compliments on the leatherwork. Just wanted to let you know your one of the few voices of sanity still out there, just read May/June and Jul/Aug BHM along with e-mail, Am always happy to see simple, straitforward good advice. Thank you, and Thank you to all the rest at BHM
Mas,
The influx of avacado eating californians has altered the political and social make-up of what was once a great state.
With that said, I wish they’d all go back to CA. From last reports, CA is in need of more airheads, as they have fallen behind on their “Airhead Quota”. The Airheads are used to keep the state above ocean level.
With all that said, this was injustice beyond comprehension to me. I have spent hours thinking about Mr. (now inmate) Fish’s actions and don’t know if I would or could do anything different.
There but for the grace of God go I.
Biker
It’s about time. That railroad needs to be derailed.
For those of you bagging on CA, let me remind y’all that Coconino County and the Flagstaff area have been infested by social weirdos and political malcontents (hippies) for decades. The relevance of that fact is still in question, however, given that most of the wrongdoing toward Mr. Fish was at the hands of precisely TWO men: the judge and the prosecutor, neither of whom hail from CA, to my knowledge. I cast a portion of blame on the defender, for sheer incompetence.
A humble defense from your friendly neighborhood Iowan.
As an aside (or rather to get back on topic), I’ve always thought the outcome of this “trial” hinged on the choice of ammo. My first thought after watching the Dateline piece these many years ago was that Mr. Ayoob would’ve been an exceptional witness for the defense. Perhaps they’ll get in touch with you this time around.
Steps up onto the soap box! This is why we must take back our states and away from this liberal idiocy of gun control. It is not just avocado eating Californians it is this whole culture that moves in when people move to the rural areas. They file lawsuits against pig farmers and cattle farms for the smell but these farms were there long before these carpetbaggers came calling. We have to take back the town councils and the school boards and elect real judges that know the law and respect it. People who know guns know that different bullets are used for different targets and that if threatened you do not shoot the gun out of someone’s hand like on TV you shoot center body mass to kill. We have seen to many miscarriages of justice in the last few years of gun owners. We must be mindful that if we give up freedoms for some small feeling of safety we deserve neither.
Sorry MAS some days I have more control then others.
Mas,
Long have I followed your articles and abided by your advice. Many times I have read your articles and shivered, thinking any of these people could have been me! I credit you totally for educating me on the law, courtroom confrontations, and the stark realities of self defence with a firearm. My ignorance of these matters was appalling to say the least! I now keep reams of your articles (dating back almost twenty years) on file in three ring binders. If ever I am faced with a travesty of justice as Mr. Fish had to endure, I at least have a fighting chance, and will make said articles available to my lawyer. God bless and keep you! You are a God send to the law abiding CCW citizen!
Years ago when this shooting was first reported I was stunned and amazed that Mr. Fish was being brought to trial for what was clearly a self defence shooting. When he was found guilty I was absolutely floored at the abortion of justice.
Upon reading further about the circumstances, Fish with his back to a ravine, amongst other things, I was even further amazed at the lunacy involved in his conviction. I was overjoyed at the overturning of this case. I shortly will be making a donation to his legal defence fund.
T.H. Bunner