(DE) Judge rules shooting of drug dealer was self-defense 06-07-03

(DE) Judge rules shooting of drug dealer was self-defense 06-07-03
Shore News – delmarvanow.com
Address:http://www.delmarvanow.com/easternshore/stories/20030607/439673.html
Acc. shooter not guilty in self-defense
Man felt threated by convicted felon
By NANCY DRURY DUNCAN

ACCOMAC — The prosecutor portrayed the September shooting as avoidable.
The defense attorney said it was self-defense.
In the end, a judge ruled that the shooting was justifiable.

The shooter, Robert Hall, 57, of Accomac, was cleared of a charge he had
unlawfully wounded a convicted drug dealer who had threatened him
numerous times, including once with a firearm.

After the threats, Hall began carrying his own gun.

And when Wayne Tyler Jr., 24, also of
Accomac, walked up to a vehicle driven by Hall on the evening of Sept.
20, words were exchanged. Hall feared for his life. And Tyler sustained
one gunshot wound to the lower abdomen.

Witnesses said Hall, a successful mason for 35 years, has a sterling
reputation.

Circuit Judge Glen A. Tyler found Hall not guilty, saying he was without
fault in provoking the difficulty.

“He had every right to think he was in danger,”
Tyler said. “There is hardly anything more dangerous than a gun-toting
drug dealer.

“And Wayne Tyler has already been convicted. He has a reputation for
being a gun-toting drug dealer who is aggressive.”

Drug deals were common

Most of Thursday’s testimony concerned activities at a mobile home on
Daugherty Road owned by Hall that has been vacant for the past several
years.

Hall tried to keep the property in good condition, he said. But it had
become a hangout for young people and was the site of loitering and drug
deals.

Windows were repeatedly broken out and the yard was littered with trash
and bottles, said Hall, who said he had called police numerous times
about the trespassers.

Testimony of neighbors and police officers confirmed that the trailer
had become a problem.

Hall said that Tyler, a convicted drug dealer, was the ringleader and
caused most of the problems, even cursing the landowner while he worked
at the property.

“I have seen Tyler drinking and selling drugs there,” he said. “We had
been feuding.”

Hall said Tyler threatened him “five or six” times — once with a gun.

“After the July incident, I started carrying a gun in my truck,” Hall
said. “I fear for my life around drug dealers.”

The night of the shooting, Hall visited the property between 9:30 and 10
p.m., and found Tyler there again.

“He started walking toward my truck,” Hall testified. “He started
running off at the mouth. He had his hands down, I couldn’t see them. I
thought he had a gun.

“I feared for my life, that’s why I tried to protect myself.”

He fired one shot. Tyler, about six feet away, fell into a ditch beside
the road before running away. He was hospitalized for over four weeks,
testimony showed.

Hall admitted to police that he fired the gun and was charged with
unlawful wounding, a felony.

“He could have driven away”

“We’ve had three cases in the past year where very solid citizens have
gotten into trouble taking the law into their own hands,” said
Commonwealth’s Attorney Gary Agar, who prosecuted the case. “The system
is collapsing upon itself. We must defend the system.” Agar maintained
that Hall need not have fired the gun.

“He could have driven away,” he said. “The defendant has been a good
citizen all his life. He is not a bad person. He committed a bad act. He
has violated the law here, he needs to be punished for doing that.”

Defense Attorney Tom Northam acknowledged the feud between the men, but
pointed to Tyler’s criminal history — and felt Hall, the shooter, had
to decide between court and death.

“Tyler is a convicted felon, Mr. Hall felt he was going to be shot,”
Northam said. “You’d rather be tried by 12 than carried by six.”

Tyler said that the prosecution had an obligation to pursue the case,
but said the court could not find beyond a reasonable doubt that Hall
acted unreasonably.