Police in West Virginia received a frantic call last week with a woman in the background saying, “He pulled a gun on me! He was going to kill me!” The woman, who wants to be known only as “Heather,” spoke to the police after a struggle with an attacker who tried to rape her and held a gun to her chest. Luckily Heather was able to fight back to the point where the gunman set down his weapon. She then grabbed ahold of it and fired the gun, killing him. Heather ran out of the house and found a neighbor who called 911 for her. The neighbor said she “had to defend herself,” and she had “cuts and stuff all over her.” Heather made it out of the fight with just a broken vertebra and a separated shoulder. Now, police believe she may have killed an unknown serial killer, and saved countless lives in the process.

Heather’s story was understandably traumatic. In her own words, she stated the gunman asked her: “live or die?” and started to choke her. “When he strangled me, I grabbed my rake, and when he laid the gun down to get the rake out of my hands, I shot him,” she said. “I grabbed the gun and shot behind me.” Police identified the man as 45-year-old Neal Falls. Inside Falls’ car detectives found a machete, axes, knives, a shovel, a sledgehammer, bleach, plastic trash bags, bulletproof vests, and four sets of handcuffs. Heather met Falls through an escort section of backpage.com and after authorities saw what they called Falls’ “kill kit” and Oregon license plate, this led them to wonder if he could be connected to other unsolved cases involving the murder of escorts. Police are now investigating if he was linked with the disappearance of nine women across Ohio, Illinois, and Nevada. In 2005 Falls lived in Las Vegas, the same year four women went missing and were later found dead. Outside of Las Vegas, evidence found with the dismembered bodies was similar to an item found in Fall’s car.

Man slain in West Virginia may have been a serial killer, police say: http://t.co/DrvtvJbnRj pic.twitter.com/L1T2jF2Nb1

— NBC10 Philadelphia (@NBCPhiladelphia) July 27, 2015

Police find ‘kill kit’ in trunk of Neal Falls’ car, suspected serial killer. More: http://t.co/NeqlPrjbH4 pic.twitter.com/fFGOGXtXZk

— CNN Tonight (@CNNTonight) July 28, 2015

All the missing women were escorts, most of whom advertised online. Police said Falls also carried a list with the age and phone numbers of about 10 women who were also escorts in West Virginia. The listed women are all alive and have not had any previous contact with Falls, according to Charleston Police Department Chief of Detectives Steve Cooper.

However, given the damning evidence, police do not believe this was Falls’ first violent crime. “It’s likely that Mr. Falls is a serial killer,” said Cooper. “I believe she saved lives by shooting Mr. Falls, based on what he did to her and based on the items found in his car.” Heather stated, “I knew he was there to kill me…I could tell he had already done something because he said he was going to prison for a long time.” Fall’s former landlord, who wants to be identified as “Pauline,” stated that he stayed at her house in 2010, but she evicted him after only one year because his strange behavior made her feel uncomfortable. Pauline told KVAL:

The first thing that he did that was a little odd was that he immediately changed the deadbolt to his own room so that only he had a key. He said he had guns and weapons and that he was a security guard….Little creepy, very tightly lipped and not a chummy guy, definitely not a chummy guy. Somebody who doesn’t like to be exposed.

Heather’s case has been closed and she is not being charged for killing Falls because it was considered an act of self-defense. Authorities are now focused on finding out if Falls was related to other crimes in the past. Police in West Virginia have asked the FBI for help, and are entering Falls’ name into a national DNA database to see if they can find any kind of connection. If Heather did in fact kill a serial killer, it may help solve a number of cold cases, and prevent Falls’ future crimes.

Taelor Bentley

Taelor is a member of the Hampton University Class of 2017 and was a Law Street Media Fellow for the Summer of 2015. Contact Taelor at staff@LawStreetMedia.com.

The post Did a West Virginia Woman Unknowingly Kill a Serial Killer? appeared first on Law Street.

Everyone in the United States is expected to follow the black and white laws of the land or face the penalties; but how often do we find ourselves in the gray area? Luckily, law schools aross the country offer seminars to clear up confusion surrounding everyday legal issues for the average joe.

The People’s Law School at Baylor is comprised of free, hour-long courses taught by volunteer lawyers and legal experts. Baylor’s curriculum offers participants the chance to learn about a variety of legal issues — from buying and selling real estate to wills and estate planning.  

The “Stand Your Ground, Self-Defense and the Castle Doctrine” course taught at the February 16 session by criminal defense attorney Susan Johnston, brought the ins and outs of the highly controversial law to the average citizen. Johnston attempted to decode the perceptions of self defense and convey its legal implementations.

Self-defense laws vary from state to state. For example, New York law states that self defense, or deadly force, may be used against another person only when is it necessary to defend oneself against what one reasonably believes to be a kidnapping, rape, or robbery; however, if one elects to use violence against another — especially to the point of death — his or her actions will be highly scrutinized and legally analyzed for justification. Similarly, the Castle Doctrine gives individuals the right to forcibly protect themselves or others when in their own homes. In Florida, for example, the Castle Doctrine is very strong and applies not only to one’s home, but to any dwelling, mobile or immobile.

In the course, Johnston used the example of a case that she prosecuted in 1997, in which a man was convicted for second degree manslaughter and sentenced to 20 years for killing a 14-year-old boy during a home invasion. In that case, rather than instantly calling police to report the break in, the man held the young intruder captive for several hours while calling friends to explain his intentions of shooting the teen. Ultimately the man poked the boy with the gun, which went off and killed him. The man claimed that it was an accident, but the jury could not find beyond a reasonable doubt that he did not mean to shoot the child. As exemplified by the law, simply because the child broke into the man’s house did not give the man the right to shoot and kill the young intruder without penalty.  

The Stand Your Ground course is especially relevant now, in light of several high-profile cases in which defendants invoked such self-defense laws, including the George Zimmerman and Dunn Trials. Both of these cases centered on the issue of whether self defense was necessary in order for the accused to prevent his own imminent death or bodily harm. 

The rise of People’s Law courses is an important addition to the justice system, as they contribute to increasing the public’s legal knowledge. The implementation of these courses alleviates some of the confusion that non-lawyers experience when dealing with legal issues both big and small. A population well educated in their legal rights is beneficial for all parties involved — both the individuals as well as the public at large.

[WacoTribe] [The People’s Law School] [Baylor Law School]

—

Taylor Garre (@TaylorLynn013) 

Featured image courtesy of [Xbxg32000 via Wikipedia]

Taylor Garre

Taylor Garre is a student at Fordham University and formerly an intern at Law Street Media. Contact Taylor at staff@LawStreetMedia.com.

The post People’s Law School Teaches Average Joe His Legal Rights appeared first on Law Street.

The George Zimmerman trial has been one of the most hotly debated topics in the news recently, and with public outrage resulting from the verdict people question whether or not the federal government will step in with charges of its own. Although it is technically possible for the government to pursue federal charges against Zimmerman for the death of Trayvon Martin, there are several challenges that federal prosecutors would face.  Because the state and federal governments are two separate spheres, the concept of double jeopardy does not apply and Zimmerman can be charged in both state and federal court for the same crime.  However, federal charges can only be filed if the state prosecution did not satisfy a significant federal interest, and if the federal government believes sufficient evidence for a conviction exists.

Federal civil rights laws were enacted to ensure proper enforcement of the law, allowing for the federal government to intervene in the event that the state left federal interests “unvindicated.” Additionally, civil rights cases are rarely prosecuted at a federal level after having already been tried in state courts, but it has happened.  The most notable example of this is the case involving the police officers accused of beating Rodney King Jr. in 1991.  All four officers were initially acquitted in state court, but the subsequent federal trial led to two convictions.  In that case, and the argument could be made for George Zimmerman as well, federal charges furthered-a government interest in bringing racially-motivated criminals to justice.

Lastly, the application of federal law to the Zimmerman case could create a problem for prosecutors.  Many laws relating to racial violence and hate crimes deal with state authority over acts committed in public areas.  Because Zimmerman was not an actor of the government nor did the altercation take place on public property, a new statute that deems any racially-motivated violence a crime would most likely be used by the prosecution.  In order for federal prosecutors to convict Zimmerman they will need to prove beyond a reasonable doubt that his actions were motivated by race.  Doing so would not be an easy task, as there were no witnesses and Zimmerman has previously claimed self-defense.

Although there are many challenges that prosecutors would face, federal charges are not completely out of the question, especially as public outrage continues.

[Reuters.com]

—

Featured image courtesy of [Werth Media via Flickr]

Kevin Rizzo

Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

The post Will Zimmerman Face Federal Charges? appeared first on Law Street.