Thursday, March 20, 2014

CA: Man Uses Knife to Defend Against Gang Attack, Kills One

CAMPBELL -- Prosecutors heeded a man's self-defense claim when they decided not to file charges in the stabbing death of a 16-year-old boy during a weekend confrontation at Campbell's largest park, authorities said.

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"What is clear is that at some point, Tharp was on the ground, being kicked in the head by numerous individuals numerous times," Buller said. "A reasonable person put in the position of Mr. Tharp would have believed he was in danger of serious bodily injury or death, and could legally respond with deadly force."

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It also marks Santa Clara County's third self-defense killing this year that was given credence by authorities. A 22-year-old San Jose man was released from custody after a Feb. 12 stabbing where video surveillance showed that the man he killed, a 26-year-old bouncer in the downtown San Jose night scene, came at him with a knife and pushed him down first. On Feb. 20, a 22-year-old man was killed in the East San Jose foothills by a resident who says the deceased man and an accomplice tried to break into his home and fired shots at him before he returned fire. No arrests or charges have been made in that case.


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