Video: Self-Defense or Attempted Murder - Jury says Self Defense

[RamboLiberal]

http://www.myfoxphilly.com/generic/news/Fox-29-Surveillance-Tape

Police sources tell Fox 29 an argument started at a scaffolding next to Fox 29 where the shooting victim was bumped while doing chin ups at 2:30 a.m.

On surveillance video taken by Fox 29, one man was rushed by another group and then he pulls a gun.

The man who is the shooting victim moves toward the man with the gun, who shoots several times.

When the video is slowed down, the shooting victim can be seen delivering punches even as the gun is discharging.

http://www.myfoxphilly.com/dpp/news/local_news/Old_City_Shooting_01_17_10

Gerald Ung, the Temple University Law School student who shot a man six times on an Old City sidewalk last year, was found not guilty by a Philadelphia jury this afternoon.

The verdict means the jury of six men and six women believed Ung when he testified yesterday that he acted in self-defense. The jury began deliberations at 11:32 this morning.

Ung, 29, was charged with attempted murder, aggravated assault and possession of an instrument of crime for shooting Edward DiDonato Jr. shortly after 2:30 a.m. Jan. 17, 2010.

Upon hearing the verdict, Ung had no expression. Moments later, he started crying, sat down and clasped his hands together as if praying.

http://www.philly.com/philly/news/Temple_student_not_guilty_in_Old_City_shooting.html

On edit more on the incident:

Afsarnanesh had a different recollection. He said he walked into Market around the scaffolding and heard someone call Ung a derogatory term for someone who is gay.

"So you think we don't speak English, or don't understand English?" countered Ung, Afsarnanesh testified.

DiDonato and his friends are white. Ung and Keh are Asian; Afsarnanesh was born in Iran.

-----

She said she tried to make eye contact with Kelly, saying, "You're a good person, don't do this."

Kelly, however, seemed overcome with rage, Keh said, and shouted back: "I'll kill you. You're dead."

http://www.philly.com/philly/news/20110212_Different_version_of_Old_City_shooting_emerges_at_trial.html

Gerald Ung was composed and concise during much of his nearly two hours on the witness stand this morning, but his voice became choked with tears when he spoke about the moment he shot a man six times on a Center City sidewalk in January 2010.

"Back the f--- up!" Temple Law student Ung, 29, said he shouted while pointing his legally registered handgun at Eddie DiDonato, 24. DiDonato and three male friends had been arguing with and following Ung and his two friends on Market Street near 4th.

"And he said, 'Who you gonna shoot?' " Ung said, recalling the words of DiDonato, a recent Villanova University graduate.

"I tried to kick him away," Ung said, tearing up during questioning by his attorney, Jack McMahon.

http://www.philly.com/philly/news/20110214_Temple_Law_student_tells_jury_why_he_shot_another_man.html

I will say that victim is a dumbass to keep coming at a guy with a gun.

[provis99]

1. so getting shot is the victim's fault?

I guess murder victims are at fault for getting shot by guys with guns, too?

[RamboLiberal]

2. Don't try starting a fight with an armed person is a better lesson

Looks like it could've been 3 against 1 in this incident. So I guess the guy with the gun was supposed to let his head get bashed in.

I'm not totally excusing the shooter in this incident. But the jury heard the case & believed him over the victim. Did you miss the part about the victim was throwing punches?????

[provis99]

4. the shooter started the fight. He even admitted it

He bumped the victim and told him to fuck off. The victim then got shot, and lunged at the shooter after getting shot. Its all right there on the video tape. It was clearly attempted murder, and he got away with it.

[RamboLiberal]

5. Where does he admit he started the fight?

Sounds like both sides were idiots that got in to a verbal altercation that became physical. And it also sounds like the victim's group engaged in racial and sexual slurs.

A jury sat in on the entire trial and decided he acted in self defense. Hard for me to judge either way on just video without audio and not sitting through entire trial.

[bossy22]

8. it was obviously NOT clearly attempted murder

else the jury wouldnt have acquitted. If you followed the trial many of your questions would probably answered. why did it go to trial originally?- because the individual who was shot came from a well connected familiy.

We deliberate self defense cases with the concept that we must view the incident as "what would a reasonable person do in that scenario"

[Nuclear Unicorn]

10. Bumping someone and an exchange of words are not grounds for assault

If someone bumps you or exchanges words that is non-violent and I'd think a person is obligated to disengage, their pride notswithstanding.

But being pummeled seems grounds for self-defense even if the attacker is unarmed. I know that changes from place to place but if someone petite like me was assaulted by even an averaged sized male I would have no reasonable expectation of being able to resist.

And as much as I would love to be strapped to my husband...

[frylock]

19. everything you just posted is completely wrong.

EVERYTHING. you need to go back, read the article, then rewatch the video before stating you're opinion.

[ProgressiveProfessor]

7. It was ajudicated as self defense, the shooter was the victim

[rl6214]

3. Posted here already

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x378599

[sharesunited]

6. This is where awarding the point gets awfully tough. No gun in the attack or claimed attack?

Yet the jury must've felt and taken seriously the threat the shooter felt.

I would mark this defense attorney's name down for a strong referral to any criminal defendant seeking counsel and advocacy on their behalf.

Good work.

I'll go with the jury. One point awarded.

There surely was a deal offered at some point, but the offer was turned down? Good gamble on public gun love and the sense of threat requiring deadly force. Sure, take me to trial.

Tough break Mister Prosecutor. Never stop trying.

[bossy22]

9. it wasnt gun love

i dont think you will find much of that in a jury filled with residents of philly.

The only reason this went to trail was that the "shooting victim" was from a well connected philly family. If it was any other joe it probably wouldnt have made it past the grand jury

[Katya Mullethov]

22. The technical term

Is "douchebag"

[MicaelS]

11. I'm shocked... I didn't even know PA had reciprocity with anyone..

I bet Rendell hates that.

[bossy22]

12. Pa is a shall issue state

with unlicensed OC allowed anywhere except in philly.

[MicaelS]

13. Wow, learn something new every day. Thanks n/t

[RamboLiberal]

15. Probably did - but Rendell is long gone

We have repriocity with a lot of states. Repub gov & legislature.

States that Honor Pennsylvania's CCW Permit:
Alaska, Arizona, Arkansas, Colorado*, Florida*, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan*, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah*, Vermont*, Virginia, West Virginia, Wyoming

* Honors RESIDENTIAL Pennsylvania permits only.

State CCW Permits that Pennsylvania Honors:
Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming,

http://apps.carryconcealed.net/legal/pennsylvania-ccw-state-laws.php

[MicaelS]

16. Thank you n/t

[RamboLiberal]

17. Last year I picked up a Utah permit as well

Since I travel in to Ohio to shooting competitions so I was covered in that neighboring state.

[aikoaiko]

14. I agree, the dead guy was a dumbass to keep coming at a guy with a gun

but more importantly it shows how dedicated he was to doing grave bodily harm to the shooter.

[chibajoe]

18. Um, he's not dead

only shot 6 times.

[aikoaiko]

20. thank you for the correction. I don't know why I thought he died.

[chibajoe]

23. Probably had something to do with the "shot six times" part

:rofl:

[Katya Mullethov]

21. Many valuable lessons

380 can fail to stop . And if you get attacked by 5 meatheads in the streets for the crime of having accidentally bumped into one of them, make sure the guy you shoot isn't the son of a prominent lawyer, the nephew of the head of the Republican Party in Philly, and rich/well-connected enough to bring in a major PR hack to spin doctor the local media. Better to just get your head beat in or you will be charged with mishandling the local royalty .

[Atypical Liberal]

24. I couldn't make any sense out of it

I watched the video twice (didn't want to sit through ads to watch it again), and I could not figure out who the shooter was. I could see muzzle flashes but I could not figure out who was shooting or who was shot.