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The PJ Tatler

by
Howard Nemerov

Bio

August 4, 2011 - 10:00 am

H/T to Cam Edwards, NRA News

Phyllis Maloney is a widow who lives alone in Newport, Kentucky. In recent years, she has been receiving chemotherapy for cancer, leaving Maloney “weak and frail.”

At 1AM, Jordan Risheberger, age 21, entered the back door of her home wearing nothing but boxer shorts.

Maloney was in her kitchen when the intruder came in through her unlocked back door. Maloney repeatedly told the man to get out of her house, but he continued to walk toward her. As the intruder followed her through the house, she grabbed the gun out of a kitchen drawer.

When the man made “an aggressive move” toward Maloney, she fired two shots, [Newport, Kentucky acting police chief Lt. Tom] Collins said. One bullet struck the intruder in the head; he died at the scene.

Collins said Risheberger had been partying earlier and may have tried breaking into another home before Maloney’s.

Good news:

Detectives do not expect to file charges against Maloney because the investigation shows she was defending herself in her own home.

Kentucky self-defense code 503.055 states:

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself…when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling…

Code 503.085 states:

A person who uses force as permitted in…KRS 503.055…is justified in using such force and is immune from criminal prosecution and civil action…

The Brady Campaign will call this “gun violence,” but a 63-year-old female cancer survivor’s the real victim here.

Former civilian disarmament supporter and medical researcher Howard Nemerov investigates the civil liberty of self-defense and examines the issue of gun control, resulting in his book Four Hundred Years of Gun Control: Why Isn’t It Working? He appears frequently on NRA News as their “unofficial” analyst and was published in the Texas Review of Law and Politics with David Kopel and Carlisle Moody.
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