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Airforce Sgt charged with murder in home defense


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#1 Yardguy71

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Posted November 05 2013 - 1:04 PM

A Glen Burnie man acted in self-defense when he shot and killed another man he suspected of having an affair with his wife, his attorney said Monday.At a bail hearing for Matthew Pinkerton, 34, attorney Peter O’Neill said the victim, Kendall Green, broke into Pinkerton’s home on Arbor Drive just before 2 a.m. Sunday after being told repeatedly to leave.Green, also of Glen Burnie, acted aggressively and motioned toward his waistband as if he had a weapon, O’Neill said.Pinkerton shot Green once in the chest from 10 to 15 feet away, but Green continued to advance toward him, his wife Jessica and two friends who were at the house, O’Neill said. That’s when Pinkerton shot him again. He died at the scene.

“This is clearly self-defense,” O’Neill said.Pinkerton was charged with second-degree murder, manslaughter and use of a firearm in a felony or violent crime.The state argued that Pinkerton could have called 911.District Court Judge Jonas Legum reduced Pinkerton’s bond from $1.5 million to $250,000.Legum said he finds it “amazing” that the statement of probable cause against Pinkerton is only two pages long, and included only one sentence about whether or not Green had a weapon.Pinkerton told police he did not see any weapons in Green’s hands, charging documents state.Green had staked out the Pinkertons’ home before they arrived early Sunday morning, O’Neill said.

When Green knocked on the door, Pinkerton retrieved a Glock 17 9mm handgun, put it in his back pocket and went to see who it was, police said. He wasn’t expecting any visitors.When Pinkerton opened the door, he found Green on the porch, police said. Green demanded to see Jessica Pinkerton.Matthew Pinkerton told Green to leave, but he refused and started to shout, police said.The pair exchanged “derogatory” remarks before Pinkerton closed the front door, police said. Green continued to yell from the front porch, police said.Pinkerton then heard his screen door being opened, police said. He headed back to the front door as Green broke through it, damaging the door frame, O’Neill said.Pinkerton pulled his gun and ordered Green to leave, O’Neill said.Green continued into the residence and was shot twice by Pinkerton, police said.

“He has the right to defend himself against an intruder,” O’Neill said.Assistant State’s Attorney Glen Neubauer said Pinkerton could have called the police. When Pinkerton grabbed his gun, it was “bizarre behavior in itself,” Neubauer said.But O’Neill said calling 911 wasn’t an option.“By the time 911 is called, he’s dead,” O’Neill said.Pinkerton, who is in the Air Force, suspected his wife was having an affair last year while he was on a work assignment in Korea, police said.Pinkerton returned early from his Korea assignment and, upon entering his residence, found Green there with his wife, police said.Jessica Pinkerton denied the allegations, police said. She would not comment on Monday.O’Neill described the relationship between Jessica Pinkerton and Green as a “friendship.” When Jessica Pinkerton tried to end the relationship, Green continued to pursue it, O’Neill said.Green and Matthew Pinkerton had at least one previous altercation, O’Neill said.So far this year, there have been four homicides in the county and four more in the city of Annapolis.



#2 fish'nmagician

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Posted November 05 2013 - 1:16 PM

killing the guy you suspect is banging your wife might lead to charges.



just like banging the wife of a guy who has a gun might get ya killed.



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#3 FishAgain

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Posted November 05 2013 - 1:17 PM

Castle Doctrine. What's the problem? Affair or not, you have no right to kick in my door and to forcible enter my home. Do that and I WILL shoot you each and every time.



#4 fish'nmagician

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Posted November 05 2013 - 1:20 PM

Can the wife invite him in?



does being invited in by one home owner trump the right of the other to kill them?



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#5 FishAgain

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Posted November 05 2013 - 1:25 PM

Can the wife invite him in?
does being invited in by one home owner trump the right of the other to kill them?


According to the report she didn't so the question is irrelevent.



#6 woowoo2

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Posted November 05 2013 - 1:29 PM

Okay, we got it, no need to post everything twice.....






:)



#7 Yardguy71

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Posted November 05 2013 - 1:30 PM

I'm thinking someone kicks in my door and is told to vacate and continues to move towards me in a threatening manner , I wouldn't have waited in between shots .
oh yeah eff 911 , gun in your pocket or phone in your pocket which stops the threat faster ?



#8 FishAgain

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Posted November 05 2013 - 1:31 PM

You're getting the guy's story filtered through his lawyer. Which may, or may not, be the way it went down. ;)

Castle doctrine? Does Maryland have one, and what does it say? Even states that have them, have different rules regarding if and when deadly force can be employed in self-defense. Unlawful entry is a good start, assuming that it happened that way, but it also might have been helpful, depending on the way the law reads on use of deadly force and a reasonable person's perception on whether deadly force is about to be used, if the dead guy had a weapon of his own.


Good points, I made my judgement based on Rhode Island law, not germaine to this incident.



#9 Yardguy71

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Posted November 05 2013 - 1:33 PM

You're getting the guy's story filtered through his lawyer. Which may, or may not, be the way it went down. ;)

Castle doctrine? Does Maryland have one, and what does it say? Even states that have them, have different rules regarding if and when deadly force can be employed in self-defense. Unlawful entry is a good start, assuming that it happened that way, but it also might have been helpful, depending on the way the law reads on use of deadly force and a reasonable person's perception on whether deadly force is about to be used, if the dead guy had a weapon of his own.

They have been questioning the other guy , he won't talk and is being a real stiff over this .



#10 fish'nmagician

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Posted November 05 2013 - 1:35 PM

Quote:

Originally Posted by Yardguy71 View Post

I'm thinking someone kicks in my door and is told to vacate and continues to move towards me in a threatening manner , I wouldn't have waited in between shots .
oh yeah eff 911 , gun in your pocket or phone in your pocket which stops the threat faster ?



 



and if you caught the guy you think is banging your wife sneaking around your house maybe you'd kill him and fabricate a tale about him trying to break in?



 



universal you applied to the details of this story.



 



I think when you killl someone you theoretically might want to kill in anger,



it's a good idea to have a trial.



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#11 CtJim

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Posted November 05 2013 - 1:37 PM

Quote:
Originally Posted by FishAgain View Post

Castle Doctrine. What's the problem? Affair or not, you have no right to kick in my door and to forcible enter my home. Do that and I WILL shoot you each and every time.

 



I thought they took away your guns



#12 Billybob

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Posted November 05 2013 - 1:41 PM

Anyone ever notice that frank seems to take a view contrary to the majority?

Is it a coincidence?



#13 fish'nmagician

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Posted November 05 2013 - 1:43 PM

Quote:

Originally Posted by Billybob View Post

Anyone ever notice that frank seems to take a view contrary to the majority?

Is it a coincidence?



I made the second post in the thread.



do you agree with what I said or not?



 



 



or do you just like whining about things I say?



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#14 Otter

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Posted November 05 2013 - 1:45 PM

if i was frank i wouldnt come home early unannounced. oh he;s interested in this one. just sayin..


confirmed problematic

#15 Ditch Jigger

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Posted November 05 2013 - 1:47 PM

Guy comes home from overseas, goes in his house, finds a guy and his wife, presumably fully dressed, talking, and assumes they're screwing. Doesn't sound like the most mentally stable cat out there to start with.

I also notice that the guy's wife ain't talking. He's got a lawyer who has already talked too much. He's already got a judge to reduce the guy's bond to something he can probably make by putting up the house---why show so much of your defense to the other side this early in the case? :confused:


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