Destiny's Defense

On May 31st, 2015 my wife and I were a part of an altercation. Thankfully, neither of us were severely harmed, however as a result of this incident my wife was forced to serve probation, and to pay restitution to the man who assaulted me.

That evening, Destiny and I were out to visit friends. Luckily for them, they did not show up, and were not a part of the violent incident that took place. We are thankful they are OK! As we were leaving, a trio of Hispanic persons pulled up to the traffic light, and threw a full Pepsi can out of the passenger window nearly striking us. After this happened, my wife and I got into a silly verbal altercation with the trio who then exited the car and advanced towards us. The larger male lunged at me and continued to punch me, as we tussled I was quickly overtaken by the remaining two passengers who exited the vehicle. Fearing for my life, Destiny pulled out her .22 caliber handgun and fired one round into one of the men who was violently attacking me. Startled, they scattered and finally released their grips from me and ceased to continue attacking me.

With one of the attackers injured, they all managed to get back to the vehicle, and flee the scene. Within moments, the police surrounded the immediate area. Destiny immediately surrendered her legal firearm to an officer along with her concealed carry permit. In our favor, we discovered there were some witnesses on the scene who fully corroborated our statements. Shortly after our statements were taken we were notified that the man shot was ‘dumped’ at a nearby hospital. During police questioning, the man told many fabrications and was deemed unreliable as a witness to the events he had partaken.

One month later, we were questioned extensively and gave further statements to the events that took place. During these conversations, Destiny felt more like the ‘bad guy’ than a victim of the circumstances. After she realized what was happening, she requested to not speak any further without the consent of a lawyer. Although we did the right thing and acted entirely in self-defense, we had since found that Destiny was in trouble. It seemed that, despite my wife’s right to ask for her property back, a year and nine months after the stagnant case (the weapon used in the incident), the detective refused to do so. This seemed to awaken the case, as the detective quickly turned his attention towards Destiny, calling her the assailant instead of a victim. Confusingly, it seemed the supposed victim’s statements were now believed, even though they were previously deemed unreliable. All of the events that took place during and after the attack has left my wife severely depressed, traumatized, and afraid, requiring much therapy, and even medication.

Destiny met her attorney, who she also retained, on March 8, 2017. He crafted a letter to the detective afterward on March 21, 2017, that he was to no longer contact her, but only him. He was very knowledgeable, and proactive. On March 24, 2017, the Commonwealth decided to charge her with two misdemeanors. On April 7, 2017, Destiny spent an hour in an 8X10 cell with a drunk and meth addict, as this was her official arrest date. With the help of our lawyer, my wife was released on her own recognizance.

We considered it a slam dunk case. Even the D.A. admitted there were problems including Destiny’s right to have her lawfully obtained weapon, a concealed carry permit, the fact the police department lost all recorded interviews, later the natural death of the detective on the case who was never replaced, ‘Unconstitutional delay,’ documentation of the ‘victim’ statements changing no less than three times, prosecuting based on reclaiming property (Destiny asking for her weapon back), prosecuting based on asking for an attorney, and so much more. Regardless of our lawyer’s tribulations, the D.A. would not drop the case. If found guilty Destiny would have to go to jail even though she had done nothing wrong, and acted in self-defense. Regardless, Destiny pleaded not guilty, but our lawyer, and even another suggested that because juries are highly unpredictable, a plea of no-contest would be the quickest way to end this nightmare. The lightest sentencing she'd be handed from the judge was probation. The heftiest was thirty days in jail. It wasn’t at all what we wanted, but it was an end.

The 'victim' was allowed a say in Destiny’s sentencing and in his victim impact statement, he said, "The crime that she has committed is heinous, and the justice system should rehabilitate her so that she never does this to another person again. But I have found it my heart to forgive her, so as for punishment I believe that she should only get what is necessary, and for a first-time offender who made a mistake I ask that you find it in your heart to forgive her as well, and be lenient but assure that justice is done." We found this amusing, and infuriating, as originally, he stated in the hospital to the original detective that he, "...didn't think anything should be done… didn't want anyone arrested as he could see where the female might have thought he was involved."

The judge scolded the 'victim' when he went back on his word in court and said, "Justice and forgiveness aren't the same things." The judge handed her the lightest sentence possible: twelve months’ probation, and restitution (his medical bills). The gavel slammed, thus closing the most extensive and painful chapter of our lives.

Here we are today, buried in debt; unable to pay down the restitution and our lawyer’s fees. We kindly ask generous and caring people like you to please donate any size. All donations will go towards paying this down and to help us get ahead. If you cannot make a donation, please share our story with your friends and family. Perhaps someone you know is willing to donate or to share our story further.

Thank you.