Woman driver who shot biker found guilty

doublesharp

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There was a thread about this shooting last summer. Here is a story about the trial.

Self-defense rejected in shooting of cyclist | courier-journal.com | The Courier-Journal


July 31, 2009

Self-defense rejected in shooting of cyclist

Parrish convictedby Clark jurors

By Harold J. Adams
[email protected]

As Yalanda Parrish sat in her sport utility vehicle with her teenage son, she was adamant about feeling threatened when a motorcyclist stopped at a Jeffersonville traffic light last year and walked toward them. Moments later, she shot him.

But on Friday a Clark County jury rejected her claim of self-defense in the wounding of Wesley Mosier Jr.

Parrish, 40, was found guilty on felony charges of aggravated assault and criminal recklessness in the June 17, 2008, shooting.

Clark County Circuit Judge Dan Moore set sentencing for Aug. 18.

Parrish and Mosier had engaged in a dispute while driving for about a mile along 10th Street. The incident was described by police as road rage.

Parrish, who had remained free since the shooting, was led out of the courtroom in handcuffs and taken to the Clark County Jail at the end of the four-day trial.

She showed no reaction when the verdicts were read in a crowded but silent courtroom, where spectators had been warned by Moore to remain quiet when the verdicts came in.

Jurors declined to comment after the trial.

Mosier, 54, who was hit in the chest by a .38-caliber bullet that narrowly missed his heart, said he was "tremendously thrilled" by the jury's decision.

"Thank God for the verdict," he said.

The jury deliberated about 3½ hours, stopping once to take another look at a soundless gas-station security video that showed Mosier's motorcycle passing Parrish's sport utility vehicle just before reaching the intersection at Allison Lane, where the shooting occurred.

According to police and witnesses, Mosier stopped in front of the SUV at the traffic light, got off his motorcycle and walked back to the driver's side of her vehicle. Mosier had testified that he couldn't see in the SUV because of its tinted windows but that it had been tailgating him, and he wanted to ask whether he had done something to offend the driver.

Parrish did not testify, and the defense rested Thursday without calling any witnesses. But in interviews with police and in testimony before the grand jury that indicted her, she said she was in fear for herself and her son when Mosier approached, and that he reached into the vehicle and tried to strike her.

"I was scared for my life," Parrish told Jeffersonville police in a taped interview that was heard during the trial, as was her grand jury testimony.

Witnesses called by Clark County Prosecutor Steve Stewart disagreed about portions of both Parrish's and Mosier's accounts.

In closing arguments Friday, Stewart told the jury of four men and eight women, "I'm not sure either one is telling the complete truth of what happened. … I think it's very clear that both of them were operating their vehicles recklessly."

But Stewart said Parrish's first reaction to seeing Mosier get off his bike was to pull her handgun, for which she had a permit, from under the seat.

"This is not the wild, wild West," Stewart said. "But even if it was Dodge City, the defendant would not be able to walk away claiming self-defense."

Stewart noted that witnesses testified that Mosier raised his hands, palms up, and took a step back before he was shot — contradicting Parrish's claim that he raised his hand to punch her.

Brian Butler, Parrish's lawyer, argued that Mosier repeatedly cut in front of Parrish along 10th Street and that she was justified in being afraid when he approached.

"We don't have to wait for someone to drag us out of our car and start beating us … before we can defend ourselves," he told the jury.

Butler also argued that Parrish's fear was based in part on the fact that she is black and saw "an angry man who happens to be white" coming at her.

"We're all kidding ourselves if we don't think that that created extra fear in her mind," he said.

After the verdicts, Butler said that he is convinced that his client "believed that she had to do what she did."

On July 1, Parrish's 15-year-old son pleaded guilty to misdemeanor battery for getting out of the SUV and kicking Mosier after he was shot. Clark Superior Court Judge Vicki Carmichael imposed a six-month suspended sentence.
 
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Dave I never had any doubt. But I wondered if a jury would see it so, and we haven't heard from the Christopher IIX crowd yet ( Louisvilles version of Malcom X -- no kidding.)
If the race card hasn't been played yet, the games not over.

GF
 
I had followed this case when it happened and I didn't know until reading above that one was black and the other white.

As a motorcyclist myself (I don't like the term 'biker'), I sympothize with the guy. Nothing scares me more than a woman on a cell phone anywhere near me when I'm riding and I don't care what race they are. In my experiances there's been several times when a cage driver deserved to be yanked out of their vehicle and had some sense slapped in their noggin', but as this guy learned it's just a bad idea.
 
Good verdict. The woman was safe in the car. She could have driven off. If this guy smashed her window and reached in, I say "fire away" And her son getting out and kicking a man his mother just shot leads me to believe that he learned his behavior from his mother or other family members.
 
...Parrish's 15-year-old son pleaded guilty to misdemeanor battery for getting out of the SUV and kicking Mosier after he was shot.

I guess tempers were running a bit high, eh?

Still, misdemeanor battery for kicking someone who is down with a gunshot to the chest? I think you could make the argument that there was intent, or at least reasonable expectation to cause death or further injury. Wouldn't that act make him (at the very least) an accessory?

/c
 
I have to wonder why the son wasn't charged with assault for his part in the matter.
Look at the end of the original post:
On July 1, Parrish's 15-year-old son pleaded guilty to misdemeanor battery for getting out of the SUV and kicking Mosier after he was shot. Clark Superior Court Judge Vicki Carmichael imposed a six-month suspended sentence.
 
IMO, the biker shouldn't have gotten off of his bike and approached the SUV while on the road.

However, I agree with the verdict. The woman did not need to shoot the man as he was backing away with his hands in the air. The punk kid also didn't need to get out of the SUV, walk around it, and kick the man while he was on the ground with a bullet in his chest.
 
I would tend to agree with the verdict and don't think she was justified in shooting the other party.

As a retired LEO I would simply ask if ANYBODY actually believes that he was walking back to her vehicle to "ask if he had somehow offended her"?? This does NOT pass the smell test.

He should have stayed on his bike and ridden away. On the other hand hand, had she simplly left the window rolled up and seen if he was going to escilate the even the onus would have shifted to the actions of the motorcyclist.

BIKERS!!! Many years ago one of the Senior Troopers called for backup because he was going to stop "7 bikers wearing colors" on I90. Another trooper and I responded going code 3 for nearly 50 miles. When we got there he was following 7 couples in their 60s riding Honda Gold Wings with saddle bags and windshields completely dressed out and jackets that matched the "Color" of the scooters.

We just kept going and nearly got fired for not supporting him. As I told the Captain, I swear to God I thought it was a joke. The ST later quit and went to Alaska to work on the pipeline "Being a Trooper is just too scary".

I guess it's all in the eyes of the beholder.
 
That's what happens when you escalate an already bad situation. You get out of your car or off of your motorcycle and go sticking your head in somebody's car that you've been arguing with then it shouldn't come as a surprise to you when you get your ass shot.

I'd be ashame for people to know I was so big and brave I had to go threatening to beat up a woman and then she got the better of me. He got what he deserved!

Smitty
 
. . . . The 15 yr. old getting out of the SUV and kicking Mosier after he had been shot should be cooling his heels in a juvenile detention center for a year or so.
Bob

I'd give odds that this kid will have another opportunity to see the inside of a cell.
 
He had his hands up and was backing away from her vehicle when she shot him!
She's GUILTY!!!!

OOPS!
I just seen the shooter was black and the biker is white.
So let me be clear,,
After rethinking the whole scenario and giving deeper thought on the subject there is only one reasonable out come to this--THE BLACK LADY AND HER SON DID NOTHING WRONG!
I wasn't there and I don't know all the details --
But there is a history of bikers and non bikers in this country.
And non-bikers know that bikers have a well earned rep of murder and rape of non-bikers in this country!
And the end result in this encounter ended with the biker being shot then kicked while down (as well it should be!)
Because he acted stupidly!
She exercised her right,
and her son just did what was right also.

BTW- If any of you here disagree with my statement and try to make me look like an --idiot--
Let me make this clear,"I should have maybe chosen my words a little bit better to keep you all from ratcheting this thing up.
Sooooooooo,,, lets have a beer and you all can forget the whole thing!
 
I'm not an attorney, but I think it would be very hard to win on a self defense claim without taking the stand and letting the jury hear it from your own mouth.
 
Agree with Smitty. The motorcycle guy got shot and so it seems, deserved to. The trial, well, that was in a court of law and if you've ever been to court, you know it gets deep and I ain't talkin' about justice. I'm talkin'.....organic fertilizer. From the newspaper;

"The evidence ruled inadmissible in court included Mosier's criminal history, Parrish's previous alleged road-rage incident and frequent 911 calls, and witness testimony that Parrish's 15-year-old son kicked and cursed at Mosier after the shooting."
 
There is a good chance that the motorcycle rider was going back to the car to do some kind of harm to the woman. She pulled a gun and he saw he was going to get harmed so he put his hands in the air and backed down. According to law she couldn't shoot because the threat was over. That is a stupid law. As long as that motorcycle rider is alive people will be threatened and are in danger. The next time the car driver may not have a gun and will be beat up or maybe killed. Larry
 
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