What do you think guilty or not guilty?

[Drew 4]

So what do you think? Does she have a case for self-defense?

 

Bridgewater 70-year-old woman who fired shot at neighbor was scared, lawyer says

 

BRIDGEWATER - Her attorney says there had been prior run-ins between the neighbors in Bridgewater, so his client a 70-year-old woman who lives alone was afraid.

 

But a recent encounter ended with the woman being accused of firing a gun to scare her neighbor, a 43-year-old man.

 

Rosalyn Valachovic was indicted this week on charges of second-degree possession of a weapon for an unlawful purpose and fourth-degree aggravated assault in the June 1 incident on Mt. Prospect Road.

 

Police received two calls, said acting Somerset County Prosecutor A. Peter DeMarco Jr.

 

The first was at 10:43 a.m. when a woman said her neighbor attacked her. Minutes later, a man called and said an elderly female neighbor had fired a weapon at him.

 

The male caller said while he was operating a Kubota front-loader tractor on the roadway near the end of her driveway, Valachovic left her house with a loaded .22-caliber revolver, DeMarco has said. The man says she fired one round into the pavement near the tractor, then pointed the gun at his head, DeMarco has said.

 

The man jumped off the tractor, grabbed the gun and a struggle ensued, during which another shot was fired, DeMarco has said. The man disarmed her and went up the hill to his house and called police. Valachovic's right arm was injured in the struggle, DeMarco said.

 

The indictment was handed up Wednesday, with Assistant Prosecutor Merrill Mezzacappa representing the state. Valachovic is free on $15,000 bail.

 

Her attorney, Steven Lieberman, said they are not disputing she fired the gun.

 

"She was on her property at all times and she was protecting herself and used it solely in self-defense against somebody who was unlawfully on her property," he said. "She did not fire a shot at him, she fired a warning shot."

 

She first ordered the man off her property where she lives alone, but he refused to leave, Lieberman said. "There were run-ins between them in the past and she was afraid of him," he said.

 

In New Jersey, justification is the legal term for what's commonly known as self-defense, and firing a weapon is considered use of deadly force, even if no one is injured, said Darren Gelber, vice president of the Association of Criminal Defense Lawyers of New Jersey.

 

"If the defense raises a justification defense at trial, then the jury is going to be asked to analyze whether the use or the threatened use of deadly force was reasonable under the circumstances," he said.

 

What's considered reasonable is subjective, he said.

 

"That's the type of thing we entrust to the judgment of a panel of 12 jurors. It requires the jury to consider all the circumstances that were known at the time to the person who's alleged to have used this deadly force and say, "How would a reasonable person act under these circumstances?"

 

 

 

Update:

 

Article fixed and here is the original link again:

 

http://www.nj.com/messenger-gazette/index.ssf/2010/06/police_charge_bridgewater_woman_for_shooting_gun_a_man_operating_tractor.html

[KpdPipes 388]

But a recent encounter ended with the woman being accused of firing a gun to scare her neighbor, a 43-year-old man.

 

The male caller said while he was operating a Kubota front-loader tractor on the roadway near the end of her driveway, Valachovic left her house with a loaded .22-caliber revolver, DeMarco has said. The man says she fired one round into the pavement near the tractor, then pointed the gun at his head, DeMarco has said.

 

#1 Warning Shot... ABSOLUTELY a No-Go

#2 Outside her home..Again a No Go. If he had been hitting the hosue with the tractor and she had Shot him, not just "At" or "Near" him her attorney might have something to work with..but going solely by what is in the article?? Granny dun messed up big time.

 

My prediction? Since it's most likely a first offense, she'll get a suspended snetence (PTI)

[Malsua 1,422]

So what was the guy doing with a front end loader? Where was her husband John at the time?

 

It's entirely possible that she's a complete loon. It's also entirely possible that there's a whole lot more to this story. Granted, she cooked her own gizzard but this is not a one-off.

 

Looking at the map of the area, it's hard to figure out the actual address since that road is split up by developments...one has to wonder if the guy was doing some improvements to the golf course or something that would degrade the woman's property.

 

It also goes to show don't use warning shots. In for a penny, in for a pound. If you're going to shoot, shoot, don't talk!(quoting Tuco).

[Drew 4]

 

The male caller said while he was operating a Kubota front-loader tractor on the roadway near the end of her driveway, Valachovic left her house with a loaded .22-caliber revolver, DeMarco has said. The man says she fired one round into the pavement near the tractor, then pointed the gun at his head, DeMarco has said.

 

 

Her attorney, Steven Lieberman, said they are not disputing she fired the gun.

"She was on her property at all times and she was protecting herself and used it solely in self-defense against somebody who was unlawfully on her property," he said. "She did not fire a shot at him, she fired a warning shot."

 

 

Well there are definitely two sides to this story.

 

As far as I am aware, if someone comes onto my property and refuses to leave I must retreat to my dwelling before I can use deadly force in side my dwelling.

 

With that being said, if he was trying to run her over with the front loader, that could be different as she felt like you life was in imminent danger and being 70 years old you could expect her to run to her dwelling.

 

 

It also goes to show don't use warning shots. In for a penny, in for a pound. If you're going to shoot, shoot, don't talk!(quoting Tuco).

 

I would normally agree, however being charged with 4th degree Aggravated Assault is better than Murder.

[Malsua 1,422]

 

I would normally agree, however being charged with 4th degree Aggravated Assault is better than Murder.

 

I'm of the opinion that if something is serious enough that you have to actively fire your weapon, it's pretty serious so shoot to stop the threat. In this case, this CLEARLY didn't rise to that level. I'm not saying she would have been better off shooting the guy and facing attempted or Murder. What I am saying is that under NJ statues, if you have to shoot, shoot. Whereas in different states with different laws, a warning shot may end the hostilities, that isn't an option in NJ.

 

This reminds me of when Ohio enacted the open container law. What used to happen is that folks would go to a party, oil well drive, lake, whatever drink some beers and pitch them in the back of the pickup or whatever. Ohio enacted the law on open containers and it was like the land magically sprouted beer cans. Every empty went straight out the window or into the ditch or wherever it was drank...at the lake, bonfires, etc because people were penalized for keeping the cans.

[sirsloop 1]

Firing warning shots and pointing pistols at people that are not even on your property should land you in jail. GUILTY

[67gtonut 847]

Guilty.....

 

This is what all the people who are against CCW fear.... the use of the firearm for intimidation, not self-defense.

 

No grey area here...... she was wrong....

[Z71 4]

guilty - 4th degree ag. assualt....,

brandishing for intimidation, should = jail time...and what about the injury she suffered when she was disarmed ? can the guy be charged at alll ? why didnt he retreat instead ? if he had time to jump off and wrestle her for the gun,

he had time to retreat to safety ........(just play'n both sides here)....

[sirsloop 1]

I think the guy should be ok. The lady was shooting at him, he disarmed her, fled, and called police. He could have beat her ass or shot her... and his choice to disarm her first before fleeing may be reckless but it obviously worked. At least he doesn't have to worry about her following him home and shooting more!

[rifleman 90]

She is guilty. "THEY" would throw the book at me if I did this. Even I understand this.

[Edge 6]

Guilty

[bry@n 195]

Guilty

[tony357 386]

if he was chasing her down she had no choice..their is too much missing to this story we do not know, what was the tractor driver doing before hand ?

[KpdPipes 388]

if he was chasing her down she had no choice..their is too much missing to this story we do not know, what was the tractor driver doing before hand ?

 

She went INTO her home, got the rifle from whee it was stored, loaded it, then WENT BACK TO WHERE HE WAS.

[Krdshrk 3,877]

It was a revolver, not a rifle.

[KpdPipes 388]

It was a revolver, not a rifle.

 

 

My Mistake, Point still applies though

[ChrisJM981 924]

I think the guy should be ok. The lady was shooting at him, he disarmed her, fled, and called police. He could have beat her a** or shot her... and his choice to disarm her first before fleeing may be reckless but it obviously worked. At least he doesn't have to worry about her following him home and shooting more!

 

So you're telling me that she's scared for her life and she fired a warning shot. After being shot at this guy charges her and disarms her? If she was afraid for her life why didn't she shoot him when he charged at her? Who says he didn't charge at her, she fired her "warning shot", missed him, she got tackled & disarmed, then he took the gun away and called the police blaming the whole thing on her?

[sirsloop 1]

I'm just going on what the article said. Until we have move info nobody can really argue one way or another about him.

[fliks 20]

she's gonna be guilty no matter what think on here. NJ law doesn't like warning shots or shooting someone outside your dwelling.

[tommy3rd 132]

Guilty. But given her age and being a female, the judge might be sympathetic and give her a suspended sentence or maybe just hundreds of hours of community service. Unless of course it's one of those mandatory jail sentences. Any criminal lawyers in this forum?

[KpdPipes 388]

Guilty. But given her age and being a female, the judge might be sympathetic and give her a suspended sentence or maybe just hundreds of hours of community service. Unless of course it's one of those mandatory jail sentences. Any criminal lawyers in this forum?

my OPINION, is that her attorney will make a deal for Pre-Trial intervention. She'll plead guilty, have fines, and probation for probably 5 years or so. i Doubt she'll see jail time unless she has a prior criminal record.

[GoNRA 12]

she should of called police before even thinking about going outside with the gun.

[Damjan 73]

Indictment is here !!!!!!!!!!!!!!!!!!!!!!!!!

 

Bridgewater 70-year-old woman who fired shot at neighbor was scared, lawyer says

Published: Thursday, August 19, 2010, 8:55 PM Updated: Friday, August 20, 2010, 5:16 AM

 

BRIDGEWATER

[KpdPipes 388]

Her attorney just broke it off in her a$$ when he stated publicly she had fired a Warning shot.

[tony357 386]

Her attorney just broke it off in her a$$ when he stated publicly she had fired a Warning shot.

 

he did not say warning shot, not disputing she fired it.

[Guest]

Her attorney just broke it off in her a$$ when he stated publicly she had fired a Warning shot.

 

he did not say warning shot, not disputing she fired it.

 

 

he said. "She did not fire a shot at him, she fired a warning shot."

[KpdPipes 388]

Beat me to it Damaged, thanks. Direct from the Attonry General's gudeline for USe of Force (and yes this is SPECIFFICALLY to address LE, however it is pretty clear on the subject)

5. A law enforcement officer shall not discharge a weapon as a signal for help or as a warning shot

. Simple fact is (as far as the article is concerned) she LEFT the area, Retrieved the firearm, then RETURNED to the area, and if the story is accurate pursude him onto a PUBLIC STREET where she initiated the confrontation. Pretty much violating every single use of force provision afforded to NJ citizens....and her Attorney is standing behind her pushing right now..HE needs to STFU.

[fliks 20]

she's a loony old lady, I'm guessing... and anyway a .22 revolver? what's up with that? that's totally a loony old lady weapon...

[GoNRA 12]

Beat me to it Damaged, thanks. Direct from the Attonry General's gudeline for USe of Force (and yes this is SPECIFFICALLY to address LE, however it is pretty clear on the subject)

5. A law enforcement officer shall not discharge a weapon as a signal for help or as a warning shot

. Simple fact is (as far as the article is concerned) she LEFT the area, Retrieved the firearm, then RETURNED to the area, and if the story is accurate pursude him onto a PUBLIC STREET where she initiated the confrontation. Pretty much violating every single use of force provision afforded to NJ citizens....and her Attorney is standing behind her pushing right now..HE needs to STFU.

 

I think it comes down to the jury anyway, doesn't it?, even if a warning shot was fired.

[bulpup 98]

I'd have to think they would have a hard time convincing me that operating a tractor on a driveway put her in any danger.

 

I would have to hear more about what kind of threat she was perceiving, because it doesn't sound like much. Prior "run-ins" could be interpreted as violent but there is really no reason to. Sounds like the "runs-ins" means this guy made her angry a lot.