Wednesday, November 13, 2013

Almost Heaven

An attorney who shot a person in the leg claimed self-defense. He was found not guilty of criminal charges brought as a result of the shooting.

The shooting victim then filed a civil complaint against the attorney, who responded by bringing a third-party complaint against the prosecuting attorney.

The West Virginia Supreme Court of Appeals affirmed the dismissal with prejudice of the third-party action based on the doctrine of absolute prosecutorial immunity.

WV Metro News had this account of the verdict in the criminal case.

The State Journal also reported the verdict and noted charges of witness intimidation against the attorney

After a Clay County jury found former political candidate, Hiram Lewis, not guilty of maliciously shooting another person in the leg, Lewis says he's just glad the trial is over.

"I'm feeling pretty good," Lewis told The State Journal. "It was a great relief. I can get to work now and get back to a regular life."

Lewis said he will continue with his ministry and his law practice. He also plans to create Kayakers for Christ, which would be kayak rentals for youth groups.

However, Lewis is not yet out of the woods. He still faces another charge of intimidation of a witness, which goes to trial Aug. 7.

Prosecutors allege Lewis intimidated former Clay County Sheriff Randy Holcomb, following the initial October shooting incident. Lewis said in a previous interview that he was just exercising his rights for redress of grievances.

In that interview, Lewis said he went to the sheriff's home, following the incident, wanting Holcomb to express a preference to prosecutors about Lewis' guilt.  Lewis said the sheriff told him that was unethical, but Lewis argues it wasn't because of a prosecutor's discretion.

The attorney had been a candidate for state attorney general. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/11/an-attorney-who-shot-a-person-in-the-leg-claimed-self-defense-he-was-found-not-guilty-of-criminal-charges-brought-as-a-resul.html

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