California: Felon Shoots Man in Self Defense & Later Set Free

Image from Humbolt County Sheriff’s Department cropped and scaled by Dean Weingarten.

U.S.A.-(AmmoLand.com)- On 2 July, 2020 at about 9:40 a.m., Mark Anthony Nelson Jr. shot an apparently armed robber as he exited the Patriot gas station where Nelson worked as a clerk. It would seem to be a clear justified shooting.

Nelson lied to the police, probably because he is a convicted felon. He was convicted in 2011 of shooting a woman who rammed his vehicle.

He denied shooting the robbery suspect, Jeffrey Allen Kirwan. He denied having a firearm that was found hidden in the store. The firearm had been reported stolen. Nelson had a bullet in his pocket.

He was arrested on 2 July. From kymkemp.com:

Nelson Jr. was arrested and booked into the Humboldt County Correctional Facility on charges of murder (PC 187(a)), possession of stolen property (PC 496(a)) and convicted felon in possession of a firearm (PC 29800(a)). He is being held without bail pending arraignment.

The community started speaking out in defense of Nelson. He had a great reputation. An attorney agreed to represent Nelson pro-bono. On 7 July 2020, Nelson gave a different statement to investigators. He is reported to have admitted shooting and killing Kirwan but said it was self-defense.

His second statement was consistent with the physical evidence and witness statements. From nothcoastjournal.com:

Mark Anthony Nelson Jr. — a 39-year-old gas station clerk from Eureka — has had quite a week.

A man came to rob the gas station where he worked.

He shot and killed that man, prompting his arrest on suspicion of murder, possessing stolen property and being a convicted felon in possession of a firearm. He was booked into Humboldt County Correctional facility without bail and quarantined there for five days.

Then yesterday, in a stunning reversal, the Humboldt County District Attorney’s decided no charges would be filed in the case. Nelson walked free and joined his partner Cynthia Shelton and their 14-year-old daughter for a quiet night at home.

Some claimed that “systemic racism” exists such that a white man wouldn’t have gone to jail, in the comments at kymkemp.com:

I have to ask the question. If this man was white (like me) would he be arrested?

Other commenters contest the conjecture, saying that many white men are arrested in similar circumstances.

The discussion about the case shows the ability of the far left to control the narrative is failing in the face of facts and people’s experience.

One comment claims there are numerous studies that show how poor people and black people are treated differently than other people in the criminal justice system. They do not address the problem of systemic bias in academia in favor of leftist narratives.

A reasonable question, given the facts of the case, and the current climate: Would a white man in the same circumstances have been treated as well as Mark Anthony Young?

Convicted felons still have the right to self-defense. A clear, easily followed mechanism should be in place so they can legitimately regain there Second Amendment rights, as protected by the Constitution.

Mark Anthony Young has gained the trust of the local community.

Perhaps prosecutors are starting to reconsider the common procedure of charging felons with illegal possession of firearms, even when they have been involved in justified self-defense shootings.

It should, at least, be a mitigating factor.

 


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Darkman

I have to admit. I got this from another web poster. It is a great example of the left’s attempt to control the narrative. The Dichotomy of the troubled Liberal Mind: ~ If a dude pretends to be a woman, you are required to pretend with him ~ Somehow it’s un-American and racist for the census to count how many Americans are in America ~ Foreign interference in our elections is bad, but illegal aliens voting in our elections is good. ~ Crowded, violent “protests” are encouraged, but singing in church is a public health violation ~ Sexualizing children is… Read more »

Norm

He had a bullet in his pocket?? Did he take a cartridge apart to get just the bullet?

Chip Saunders

This is a VERY incredibly good development. You either have your rights, or you don’t. You either have ALL your rights, or you have NONE. The temporary suspension of one’s rights, Constitutionally speaking, can only be suspended for the duration of one’s sentence. If someone cannot be trusted to own a gun,…why would you ever let them out in the first place? Once you have served your time, you are supposed to be allowed to defend your own life to the same degree as anyone else. Your life is no lesser than the next guy, and vice versa. Freedom is… Read more »

Joefriday

I don’t think Dean Weingarten would feel the same if he was the “White Guy” charged for defending himself, regardless of his past Law Enforcement / Military experience! It happens to non felons who tell the truth! Why should skin color excuse someone’s bad Character?

Last edited 5 years ago by Joefriday
Grigori

Glad the guy walked. First of all, if he shot a woman who rammed him in 2011, how was he convicted? Sounds like self-defense in that case, too. I used to have hypothetical discussions with co-workers regarding what we would do if we ever stepped in s- -t and wound up as a convicted felon who wasn’t supposed to own a gun. Depending on circumstances and probability of a pardon, we ran from keeping a couple of percussion revolvers handy, to going for the gusto and just having a real gun as the real thugs do. Life as an unarmed… Read more »

Ram

If a con is deemed “safe enough” to be released back into society,
there should be a process to return said ex-con the status of a whole
and complete citizen. I think society may benefit in the overall, if these
people weren’t forced to live a half-life ever after. Of course, if there are
future crimes they would face an upper tier punishment.

Donttreadonme

Humans all have the right to self defense, and there is a mechanism in place to have your 2nd Amendment rights restored, its called a Certificate of Relief. Now, it can be costly so it should be much easier for someone to have their rights restored once they have paid their debt to society.

With that said, my only issue here is the double standard because you can damn sure be certain that if it was a poor white ex con that did this he would be up the creek without a paddle.

Grigori

Exactly!

American Patriot

Felon in possession of a stolen firearm…Bottom line it a Felony Period. Any white guy would of been arrested & jailed, it’s got nothing to do with color it’s the law. Don’t like the law…Change it! But when people spent their life making laws then uphold them if not publish a list of laws that we the people can ignore or what color of people can ignore which laws???

Or just eliminate the law.

MICHAEL J

First, I am not soft on crime or punishment.
The Department of Corrections was created to rehabilitate and return to society those individuals who paid their debt. Instead, it’s just another billion dollar government run industry that has a revolving door of clients. Once released and back in society, all rights should have been restored, but we all know that’s not true.
Career criminals will find their way back, but for those that don’t it’s an injustice.
To restrict a citizen’s rights to self-defense is a death sentence that hasn’t been carried out, felon or not.