OK, so a legal defensive shooting takes place – now what? This topic is seldom discussed. How much jail time will I serve? How much stress and money will it take to clear my name? Is there enough evidence to prove my life was in danger? Who witnessed this situation? Will I get a fair trial?
These are all serious questions that people who were involved in a legal defensive shooting have to ask themselves. This situation happened to Marcus Weldon, also known as “The Santa Shooter.” Weldon received national attention from a life-threatening situation in which he used his firearm to defend himself and the life of a female friend. In December 2014, Weldon was leaving his job dressed in a Santa suit. His female friend (dressed as Mrs. Claus) had a flat tire and pulled into a local a local gas station. Around 1 a.m., she called Weldon for help – and it all went downhill from there.
As Weldon was working on the flat tire, his female friend went into the gas station to get a snack. When coming out of the store, a man who had just pulled up (along with at least one other male passenger) approached her with uninvited passes. Weldon claims the men were clearly intoxicated. We she declined the passes, the man pushed her. When Weldon saw this, he approached the men and told them to back off and get them away from his friend, which resulted in pushing and shoving. The man ran to the back of his vehicle to retrieve what Weldon saw was a revolver.
Being the armed “Santa Claus Shooter,” Weldon drew his own firearm (a Springfield XDm .40 S&W) and fired at the man with a revolver. This situation resulted in Weldon being arrested and jailed, as well as a long, drawn out legal process.
This article focuses on the “after effect” of a defensive shooting. I don’t think most people really understand how much mental and financial duress is involved after a defensive shooting. Wondering if enough evidence is collected to clear your name would be one of the most stressful situations I could think of. The financial toll of a strong defense is far greater than most expect. In Weldon’s case, considering attorney fees, hiring defensive experts, tether costs and lost wages, he claims his freedom cost him between $43,000 and $50,000.
In the video, I interviewed Weldon on the after effect of his situation. He clearly explained the mental stress and second guessing that occurs with a defensive shooting. Watch the video and let us know your thoughts on the after effect of using a gun to defend a life.
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