On December 16, 2013, Michael Berdahl, 66, shot and killed David Wimmer, 43. Wimmer was visiting Berdahl at his apartment in Enid, Oklahoma. Berdahl fled, but was arrested the next day in Anthony, Kansas. He had a pistol on his person, and admitted to the shooting. He was charged with manslaughter and bond was set at $1 million. Berdahl did not make bail and stayed in jail. The trial took place last week, more than 20 months later. The jury was out for little more than an hour when they came back and rendered a not guilty verdict . . .
Berdahl’s use of warning shots was cited in closing arguments to bolster his self defense claim.
He said Wimmer continued to advance on Berdahl, even after Berdahl fired two warning shots.
“That tells you everything you need to know about David Wimmer,” (Berdahl’s attorney, Greg) Camp told the jury. “Frankly, I think David Wimmer and his actions got him killed.”
It has become an internet myth that warning shots will always be used by prosecutors as evidence that the person firing them was not really in fear of their life. Some prosecutors will, some won’t. Perhaps the prosecutor …read more
Source:: Truth About Guns