Prosecutors in Sangamon County, Illinois will not pursue murder charges in connection with a fatal shooting at a Springfield fast food restaurant earlier this year, though the armed citizen still faces several charges that are semi-related to the event.
On April 1, 46-year-old Nicholas J. Kammueller was arrested on a charge of murder in the death of 51-year-old Jerald P. Fahey, but after reviewing all of the evidence Sangamon County State's Attorney John Milhiser says Kammueller was acting to defend himself when he shot Fahey.
The shooting happened after Fahey entered Kammueller's vehicle, started beating him and threatened to kill him, Milhiser said, which took place near the drive thru area of the McDonald's at 2100 N. Dirksen Parkway.
Milhiser cited evidence including video surveillance.
Officers arrested Kammueller at the time for first-degree murder, driving under the influence, carrying a concealed firearm while intoxicated, and aggravated discharge of a firearm.
But Kammueller acted in self-defense, Milhiser said, citing Illinois law that says a person can defend themselves and can use deadly force if they reasonably believe that deadly force will be used against them — or during the course of a forcible felony.
Fahey and Kammueller were apparently involved in a traffic accident, which led to the deceased's assault on the armed citizen. If video evidence shows Fahey climbing into Kammeuller's car and beating him, I'm surprised it took prosecutors this long to determine that Kammeuller was acting in self-defense.
Unfortunately for Kammeuller, Milhiser hasn't cleared him of every charge. He still faces multiple counts, including driving under the influence and carrying a concealed firearm while intoxicated. While those charges are misdemeanors, Kammeuller could still face up to a year in jail and the revocation of his carry permit if he's convicted.
If he's tempted to fight the charges, I don't think Kammeuller is going to be able to successfully make a Second Amendment argument that he had a right to carry while under the influence. Some courts around the country have held that laws prohibiting gun possession for those who use intoxicating substances violate the right to keep and bear arms (there are actually several cases dealing with that issue that the Supreme Court will consider accepting when they return from their summer recess), but I'm not aware of any judge concluding that laws banning gun possession while under the influence are unconstitutional.
Now, if someone shoots a home intruder after they've had a couple of beers or cocktails while sitting on their couch, I doubt most prosecutors would pursue any charges related to their drinking. If you're behind the wheel of a car, though, you're pretty much guaranteed a date in court.
Honestly, I don't have a problem with that. Drunk driving is seriously stupid, and it's equally idiotic to carry a gun while under the influence. Even if Kammueller was justified in using lethal force against his attacker, if he was schnockered at the time then he had put every other driver on the road at risk, including Fahey.
In fact, the news story doesn't say who was at fault in the accident that led to Fahey assaulting Kammueller. Even if the armed citizen was at fault, Fahey wouldn't have been justified in climbing into his car and beating him, but I can't help but wonder if all of this could have been avoided had Kammeuller decided not to get behind the wheel that day.
Editor's Note: President Trump and Republicans across the country are doing everything they can to protect our Second Amendment rights and right to self-defense.
Help us continue to report on their efforts and legislative successes. Join Bearing Arms VIP and use promo code FIGHT to get 60% off your VIP membership.
