I remember when this was first reported in March. The media used it to push the “Waterside is violent” angle, nothing about 2 of the 3 parties involved being CCW permit holders.
The verdict came back a couple of days ago. Not guilty on everything but “unlawful wounding” which is, you guessed it, a felony.
http://hamptonroads.com/2010/01/jury-selected-trial-man-charged-waterside-garage-killing
http://hamptonroads.com/2010/01/waterside-garage-shooter-guilty-unlawful-wounding?page=1
http://hamptonroads.com/2009/03/waterside-shooting-was-selfdefense-accused-says?page=2
Accused shooter recounts Waterside garage slaying
By Michelle Washington
The Virginian-Pilot
© January 22, 2010NORFOLK
The man accused of murder in a shooting at the Waterside parking garage that left one man dead and another seriously wounded testified Thursday that he was never the aggressor in the altercation.
Reginald Royals, 25, is standing trial on charges of second-degree murder and malicious wounding in the March shooting.
Juan Carlos Ovalle, 26, died of a single gunshot wound to the head. Ovalle’s friend, Marcus McGee, was shot five times.
Others testified that Royals had been revving his engine as traffic snaked out of the parking garage the night of March 22.
Royals said his car, an older model Chevrolet Caprice Classic, idles high until the engine warms up.
Others testified that Royals pushed his way into the line of traffic and bumped the white Nissan Altima Ovalle was driving.
Royals said he had been inching into traffic before Ovalle came down the ramp, and that Ovalle’s car “touched” his.
Royals said that Ovalle and McGee jumped out of the Altima and approached him, demanding that he pay for damages, asking for his insurance information.
Royals testified that he told them, “I didn’t hit you,” looked at Ovalle’s car and saw no damage.
That’s when he saw Ovalle pull a gun out of his pocket, hold it at his waistband, and return the weapon to his pocket. Ovalle stood there, hand on the gun, Royals said.
"I said, ‘It’s not like that. It’s not like that.’ " Royals testified.
Royals’ own gun, a weapon he said he bought for protection because he worked long hours at a shipyard and for which he had a concealed weapons permit, was between the front seats of his car.
Ovalle’s weapon had been legally purchased and he also held a concealed weapons permit.
Royals’ lawyer, Jeffrey Swartz, asked why Royals did not tell Ovalle about his own weapon.
“I didn’t want to make the situation worse than what it already appeared to be to me,” Royals said.
Royals told the men he had insurance, said he would pay. McGee repeatedly told him “you don’t have insurance,” Royals testified.
“Why wouldn’t I have insurance on a car like this?” Royals asked them.
Eventually Ovalle and McGee returned to their car, and Royals got into his. He pulled out his gun and cocked it and put it on the seat.
“I was scared,” Royals said. “They threatened me for no reason.”
Royals testified that Ovalle and McGee got out of their car again and approached him. Royals also got out, but he left his gun behind, he said.
Again, Swartz asked why Royals didn’t display his weapon.
“I didn’t want to make the situation worse,” Royals said.
Both Ovalle and McGee began punching him, Royals said, and he put up his hands to try to fend them off. He pushed Ovalle, who fell back a step.
“He reached toward his pants pocket.” Royals said. “I thought he was going to grab that gun and shoot me. After that I grabbed my gun and started shooting.”
Under questioning by prosecutor Megan Zwisohn, Royals admitted that Ovalle had not pointed the gun at him, and that he had never seen a gun on McGee. But, he said, the men had returned to their car for a few seconds, and he didn’t know what they had done there.
“I didn’t think I had time to wait and see,” Royals testified.
A toxicologist testified that Ovalle and McGee had enough alcohol in their systems to be considered legally intoxicated. The legal limit for driving is 0.08; Ovalle’s blood-alcohol concentration was 0.17 and McGee’s about 0.11.
The prosecution and defense finished presenting evidence Thursday. Jurors will begin deliberations today.
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
One things the above article misses (one of the links gets it), there were 4 guys in Ovalle’s car, all of whom jumped out for the first altercation. It’s unclear if all four were participating in the second altercation.
This is a nightmare scenario for self-defense advocates. Two permit holders getting into a fight with one shooting another. Even though it seems like a clear self-defense shoot, the shooter ends up in jail for 10 months and gets a felony conviction.
