Illinois Self-Defense: Alton man acquitted in fatal shooting :: 09/26/2022

EDWARDSVILLE — A judge on Monday acquitted an Alton man of first degree murder and unlawful discharge of a firearm because he was defending his home.

Judge Neil Schroeder on Monday ruled that Arvin Freeman, 46, of Alton was justified in shooting Robert Woods, 30, of Springfield, Missouri, in the rear on Feb. 13, 2021. Woods died from bleeding caused by the shot.

Schroeder said a person is justified in using deadly force if they believe it is necessary to prevent an attack on their home.

"The homeowner does not have to wait until the attack occurs to apply deadly force," the judge said.

Schroeder said Freeman legally owned the gun fired at Woods and he noted that, contrary to state's version of events that day, Freeman shot Woods in the side of his buttocks. At a bench trial last week, a doctor testified the bullet that killed Woods traveled from right to left in Woods' buttocks, nicking an artery and causing the fatal bleeding.

The judge said that on numerous occasions, including the day of the shooting, Woods had raised a disturbance at Freeman's home on 11th Street in Alton. Schroeder said that, on the day of the shooting, Woods had told Freeman he was going to kill him.

Schroeder said Woods was running away and turned while taking something from his poicket. The jduge said it didn't matter if what Woods retrieved was a gun or not; Freeman believed force was necessary to protect his home.

"Everybody has a right to protect their home," said defense attorney Brian Polinske. "This is a perfect example of that; it was a very scary situation. State's Attorney Thomas Haine is opposed to gun control, so therefore he should not oppose this decision."

Haine said the right of self-defense is a "bedrock value of this office and our community."

"Some cases involve a very difficult mix of facts and circumstances that make a determination on the applicability of such rights difficult. This was one such case," he said.

"Fundamentally, due to its complexity and since a life was taken, we thought it important that the court hear and weigh all the evidence and testimony," Haine said. "Though we are disappointed in the outcome, we respect the determination of the court."

Schroeder oversaw a bench trial last week at which Assistant Madison County State’s Attorney Bryan Kemper argued Woods had been shot in the buttocks, indicating he was running away and not posing an immediate threat to Freeman. Polinske had argued Woods had previously threated Freeman and Freeman believed Woods was pulling a gun to shoot him.

Kemper claimed Woods was taking a cell phone out of his pocket, noting no witnesses said they saw a gun. Polinske alleged Woods brought a handgun and an AR 15 rifle to Alton from his Springfield home and that Woods "was high on drugs.”

Both attorneys agreed there was a long-standing dispute between the two. According to trial testimony, on the night of the shooting Woods went to the Alton home where Freeman and another person was living, and was yelling and banging on a door and window of the house.

https://www.thetelegraph.com/news/article/Alton-man-acquitted-in-fatal-shooting-17468059.php