"Castle-doctrine" defense arises in deadly North Philly shooting
When Gov. Corbett signed a law June 28 expanding the right to use deadly force outside the home, gun-control proponents predicted every thug would have a new defense to pulling the trigger.
When Gov. Corbett signed a law June 28 expanding the right to use deadly force outside the home, gun-control proponents predicted every thug would have a new defense to pulling the trigger.
It didn't take long.
Just eight days after the new "castle doctrine" law took effect, it has been raised in the defense of a North Philadelphia man charged with killing a neighbor over $100 owed in the purchase of a pit bull puppy.
To be sure, there are questions about whether Lydell Johnson, 23, would qualify to use the defense in the shooting of Shane McCreery Jr., 32.
First, there is the Aug. 3 date - after Corbett signed the law but before it took effect at the end of August.
Steve Miskin, spokesman for state House Majority Leader Mike Turzai (R., Allegheny), said the 60-day waiting period was firm, but he acknowledged that lawyers could argue the defense in court.
In Pennsylvania and most other states, the law traditionally held that people's homes were their castles and that they might use deadly force to defend it against an intruder.
At least two dozen states go further, not imposing a "duty to retreat" inside the house before firing.
Pennsylvania's law goes further still, giving people the right to use deadly force if confronted in their cars, on the street, or anywhere they "have the legal right to be."
Even Johnson's attorney, Earl G. Kauffman, conceded in a preliminary hearing Wednesday before Municipal Court Judge Wendy L. Pew that it was an issue for trial.
Still, Kauffman cited the law, arguing - unsuccessfully - that Johnson should face only a charge of voluntary manslaughter.
"There was a fear factor here," Kauffman told Pew. He said Johnson shot "in the heat of passion" and after he was confronted by three men and shoved by one of them.
Assistant District Attorney John Doyle's sole witness was Luz Cruz, McCreery's sister.
Cruz testified that her daughter Samantha Rodriguez, 14, had sold Johnson the pit bull two weeks earlier for $170. Johnson paid $70.
Cruz said that her daughter pressed Johnson for the $100 and that he allegedly threatened to "pistol whip" the teen.
Cruz said she went to Marvine Street, where Johnson and McCreery, with relatives Jetson Cruz and Julio Rodriguez, were arguing outside Johnson's father's house.
Cruz testified that Jetson Cruz asked Johnson why he threatened Samantha, then shoved him, and that "Lydell pulled a gun from his waist and started shooting."
Doyle said McCreery was shot in the back and died several hours later. Neither Jetson Cruz nor Julio Rodriguez was wounded, Doyle added.
Doyle noted that Johnson was in the company of his stepmother and brother during the 1 a.m. showdown.
He argued that Johnson paid McCreery the $100 he owed on the spot before the shooting: "It was an argument between people. All he had to do is walk away."
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Inquirer staff writer Amy Worden contributed to this article.
