Including ... The Expert Witness at Work • President’s Message • Letters from Members • Attorney Question of the Month • Book Review • Networking Column • Editorial • About this Journal
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The Expert Witness at Work
by Tim Priebe, Esq.
A number of years ago, I was listening to a gun related podcast and Marty Hayes was the program’s guest discussing the Armed Citizens’ Legal Defense Network (ACLDN). During the segment, Mr. Hayes stated that if any attorneys were interested in joining the ACLDN as affiliated attorneys, they should contact him. After doing some research on the ACLDN, I really liked what I saw so I applied and was accepted as a Network Affiliated Attorney.
After joining the Network, I, like other members, received the initial set of DVDs. After reviewing all of the material, I was really impressed by the quality of information. I am also a NRA certified instructor and teach a number of NRA classes. I have also created a class called, Legal Tactics. In this class, I teach my students about Federal and State gun-related laws and what to do both legally and tactically should they have to use force to defend themselves or someone else. In both classes, I push the ACLDN as a necessary requirement if someone is going to own and/or carry any type of firearm.
Network President as Expert Witness
Recently, Adam Schultz, an attorney friend of mine in Pueblo, Colorado and an ACLDN Affiliated Attorney, contacted me regarding a murder case of which he was part. He informed me that the legal team was having Mr. Hayes testify as an expert in the case and wanted to see if I was interested in seeing him testify. Given my years with ACLDN and wanting to personally meet Mr. Hayes, I cleared my calendar to see him testify.
The case involved a 30-year old Daniel Baker, who had his concealed handgun permit, whose friend asked him to help a woman move out of a home she shared with her 29-year old boyfriend. Mr. Baker later told investigators that his friend was afraid of the boyfriend because of the problems they were having.
Around 11:45 p.m. that night, the boyfriend and two other male companions arrived at the house while Baker was assisting the woman in moving out. From there, a fight broke out between the three men and Baker. Baker was punched and kicked in the head during the fight. The fight then continued down a hallway. Baker attempted to escape but the fight continued in the living room of the home. It was then that Baker pulled his .40 caliber Springfield pistol and started to shoot.
In the end, Baker fired a total of eight times with five out of eight striking Baker’s attackers. One person died of his wounds at the scene and the other two suffered gunshot wounds but did live. Baker then went outside, locked the slide on his pistol in the open position, left the pistol by the front door and called 911. He then flagged down the police as they arrived. He was arrested shortly after their arrival and taken to jail. Eventually, he was charged with two sets of duplicative charges. Each set of charges alleged one count of first-degree murder and two charges of attempted murder.
So that you understand, should you find yourself charged with first-degree murder, you will most likely not have bail made available to you.