Self defense or an overzealous prosecutor?

[Deerthug]

This is from News12.  

 

http://longisland.news12.com/news/youssef-abdelgawad-of-huntington-station-charged-with-manslaughter-for-shooting-alleged-burglar-1.7269293

 

Not sure if you all can see this video but it clearly shows a man trying to break in and then firing at least one shot from a handgun. 

 

Prosecutor claims no bullets were found at the scene . . . So what?? The video shows the man pointing the handgun into what appears to be a sliding glass door and making a firing motion. 

 

I think that is enough for an acquittal. 

 

 

RIVERHEAD - A Huntington Station man has been indicted on manslaughter charges for shooting an alleged home burglar who later died, but his attorney says it's a clear case of self-defense.

Youssef Abdelgawad says a man with a gun was attempting to break into his Huntington Station home back in August. His family shared surveillance video of the incident with News 12 Long Island, and in it, the alleged burglar is seen trying to enter a door. The burglar then pulls out a gun, and a flash is seen that appears to be the burglar firing a shot into the home.

Youssef Abdelgawad's attorney says he came to the door with a rifle and returned fire at the burglar and his alleged accomplices, striking one of them. The accomplice later died.

READ MORE: Long Island Top Stories

Prosecutors say no bullets were recovered at the scene, so it's unclear if the alleged burglar ever fired a shot into Abdelgawad's home. 

At court today in Riverhead, Abdelgawad's tearful mother insisted her son is a good young man who hopes to become a police officer. She says he was just trying to protect his family.

The case will be back in court this week.

 

[First-light]

Very weird almost seems there is more to it for this to happen. Guy did the right thing defending himself.

[Culvercreek hunt club]

As far as the Op's title....yes and yes.

 

The video clearly shows a shot . who knows, was the robber loaded with blanks? their fault for bringing blanks to a gun fight if it is the case.

[Deerthug]

Very weird almost seems there is more to it for this to happen. Guy did the right thing defending himself.

I thought that as well. Perhaps ethnicity of the accused has something to do with it. Is it an election year for the DA in Suffolk County? Maybe the DA is one of Bloombergs sheep?

Who knows what the mentality is here.

[First-light]

Huntington station one rough town…………..

[jjb4900]

sounds like he may have killed someone in the background, not the guy with the gun, not that it should really matter, and no shell casings found, did they ever consider a revolver was used?............isn't it a Grand Jury that decides whether or not to indict someone?

[nyantler]

I'd have shot him too... from what I saw.. may be more to it though...

[HectorBuckBuster]

It sounds stupid, but something in NYS law says if suspects are retreating then you can not pursue or something along that lines. I agree there was a flash and nopiced the ladies sons kepts pursuing.

[virgil]

That's crazy. Why was he even charged?

I lived in Huntington Station for a while during grad school, right near the railroad tracks. Bad area.

[ants]

From what I saw I definitely would have shot. The problem might be the total Bull $hit rule that says the intruder actually has to be IN you home before you can use DFF. But if some scum is firing into your house, from outside???? As far as Im concerned its the same as you and your family being out side and the little scum shooting at you and your family. You are in fear for your life and the life of your family. As for the scums $hitty little accomplices….they are acting in concert with the shooter. F- them.

[jjb4900]

pretty much what we're looking at is a few second clip provided by the guys family..........there's gotta be quite a bit more video that we're not seeing, and there must have been something to convince the Grand Jury to hand down an indictment....if it was a legit burglary and shooting, I doubt we would see this happening.

[Culvercreek hunt club]

I think the issue will prove to be the residents requirement to retreat.

[ATbuckhunter]

This should be a no brainier. Clearly a defensive shooting even if the guy didn't shoot his gun. 

[NFA-ADK]

My home town its not so bad, SCPD help clean it up.  So even if a guy has a gun pointed into your house you can not shoot back?  Better off waiting until you are shot to confirm he is loaded?  Unreal.  This is a clear case of self defense. 

[Doc]

What the heck .... You have 5 guys trying to break into your home with at least one of them armed? What are you supposed to do wait until they shoot you before you are allowed to respond with deadly force?

 

I agree with others here. There has to be more to the story. Otherwise prosecution is ridiculous.