Judge weighs evidence in hearing for tow-truck driver accused of manslaughter | islandpacket.com
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Case Law for the Castle Doctrine
In a pre-trial hearing held in Beaufort County, SC, a judge heard arguments and evidence regarding the Christmas Eve shooting death of a man who parked his mini van illegally.
Tow truck driver Preston Oates is claiming he acted in self defense when he shot and killed Carlos Olivera, 6 times in the back.
While Oates had a legal right to possess the handgun and have it in his vehicle, one questions the circumstances that warranted such an unparalleled use of deadly force. Oates was later arrested for Manslaughter and his legal representative has argued that the Castle Doctrine is the shield that will protect him in his right to stand his ground.
Oates has a colorful criminal history and after being arrested on this charge and incarcerated, he tried to escape from jail, succeeding in only destroying state property.
Carlos Olivera had a SC Concealed Weapons Permit and was lawfully in possession of his own concealed handgun. However, the argument is that Olivera never, or was no longer, presenting the threat that warranted Oates' reaction.
This incident will clearly set a precedent when it comes to the claim of self defense. Watch it closely.
4 comments:
I don't know, Older School. I started reading about this one and it's a long way from cut and dried. Here's a link that gives pretty good coverage: Judge weighs evidence in hearing for tow-truck driver accused of manslaughter
It appears that Oates put a boot on Olivera's vehicle and got back in his truck to leave. Olivera showed up and understandably was a little warm about this, so demanded the boot be removed. In emphasis, Olivera pulled his gun and waved it around. Oates begins to comply, but the instant Olivera turns his back - Blam!
Armchair quarterbacking this thing, the problem begins with a homeowner's association and their Draconian rules about parking. Escalating this thing are the attitudes of Olivera and Oates, both of which could use a little adjustment. Then there's the stress of Christmas. Should Oates have shot? No, I don't think so. I'd have called the cops and waited for them to show up - let Olivera wave a gun at the police and see what happens. The question is, was it legal for Oates to shoot? From what I understand, I'd say it was legal, but that doesn't make it quite right.
I don't know. I'm troubled by this one. Why couldn't Oates find the owner of the vehicle and ask him to move it? Why ruin someone's Christmas by towing their car or booting it?
I've read various stories pertaining to this case and I'd like to think that I'm not armchair quarter-backing or taking sides. I wasn't there, and some things are just now coming to light in the courtroom.
The whole thing is a sad set of circumstances, starting from the tow truck driver out on Christmas eve hooking up cars, to the fact that both men made some unwise decisions on that day.
It's difficult to judge how this case will come out, but either way, it will undoubtedly change something in the law.
I'd say that I'm more than troubled.
Thanks for posting this story, by the way. I'm going to follow along via the news media. At the end of the mess, I'd be interested in your opinion about the whole thing.
Six times ? In the back ?! Lock him up.
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