Harold Fish is Free!
On the Liberty Papers, much of what we write is negative; decrying the steady movement towards tyranny and totalitarianism that is the trajectory of the U.S.. Occasionally, we get to report some good news.Harold Fish has been released from jail.
His case is an important one; the state of Arizona charged him with murder for defending himself with too powerful a weapon; while hiking in the backwoods, Mr Fish was charged by a group of aggressive dogs (who were, quite reasonably, unleashed) . Fish had a 10mm Kimber Pistol with hollow point ammunition. He fired a warning shot into the ground to scare them off as they closed to within a few feet of him. At this point, he was attacked by the dog owner who screamed that he was going to kill Mr Fish and charged swinging his fists. Mr Fish fired three rounds at the last moment before the man got within punching distance and mortally wounded his attacker. he then spent agonizing minutes trying to get medical help for the man.
The police investigating the case thought it a clear case of self defense. The lawyers working for the state of Arizona disagreed, claiming that the size and type of rounds he was carrying indicated that Mr Fisher had set out on his hike with murder on his mind.
Through this argument, and by convincing the judge to keep exculpatory evidence out of the trial, the attorneys were able to successfully convict Mr Fish of murder, although within 24 hours at least one horrified juror contacted the defense attorney claiming that the excluded evidence would have resulted in a different verdict.
This case is important in that people have a right to defend themselves. Certainly, the courts have long held that police have not obligation to defend us. The act of walking outside the patrol area of the police does not mean that we have agreed to allow people to murder or assault us.
Luckily, the appelate court agreed that Mr Fish had been convicted unfairly, and thanks to recent changes in Arizona law clarifying the rules governing self defense, there is little chance that his retrial will result in a conviction.
Harold Fish lost three years of his life to prison. He is nearly $500,000 in debt at a time of his life where he has little prospect of paying it off (Donate here to his defense fund). All because a stranger attacked him, he defended himself, and a prosecutor didn’t like the size of his gun.
In a just world, the prosecutor would have to make Mr Fish whoole for all the money and time he lost on this frivolous prosecution. Unfortunately, we do not live in a just world.
At least Mr. Fish gets to have dinner with his wife again…
Hat Tip: Massad Ayoub of Backwoods Home Magazine.