Kevin Newhouse 36 Lexington Country SC vigilante implications

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<modsnip - Fox News is no longer an approved source>

The shooter and his father are claiming self defense. But.... its harder to claim self defense when they confronted the victim after the stated trespassing. Even in South Carolina, the defense appears to have an uphill battle as prosecutors and juries have recently taken a dim view of citizens confronting people after minor violations and things going downhill.

Woman sentenced to life with parole for killing man during citizen’s arrest

Hannah Payne, 24, was found guilty of killing 62-year-old Kenneth Herring in 2019 after he left the scene of a car crash

www.independent.co.uk

Once the Vigilante genie gets out of the bottle, it can be hard to stuff him back in. The SC father son duo might want to get a new lawyer as he appears to be grand standing when he should be informing his clients of what they are really facing.

 

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My own feelings aside, I’m on the fence about how this will turn out.

 

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Father son duo note that local man had trespassed on their farm. As they recognized him, they they went to another location to confront him. An altercation escalates into a machete attack by the stated trespasser and the father ordering the his adult to shoot Newhouse.

Newhouse is then shot in the head. Prosecutors maintain that the elder farm owner had disarmed Newhouse of the machete prior to Newhouse being shot.

South Carolina farmers charged with murder in death of armed trespasser granted bond

A father and son who both operate a farm were granted bond at a hearing while they face murder charges in the death of a neighbor who they allegedly confronted in a trespassing incident.

www.foxnews.com

The shooter and his father are claiming self defense. But.... its harder to claim self defense when they confronted the victim after the stated trespassing. Even in South Carolina, the defense appears to have an uphill battle as prosecutors and juries have recently taken a dim view of citizens confronting people after minor violations and things going downhill.

Woman sentenced to life with parole for killing man during citizen’s arrest

Hannah Payne, 24, was found guilty of killing 62-year-old Kenneth Herring in 2019 after he left the scene of a car crash

www.independent.co.uk

Once the Vigilante genie gets out of the bottle, it can be hard to stuff him back in. The SC father son duo might want to get a new lawyer as he appears to be grand standing when he should be informing his clients of what they are really facing.

I’m all for someone being able to defend themselves but we are seeing more and more of the aggressor claiming the defense. Did the young lady in that story above really think she had the right to chase this guy down? I’ll give her the doubt for wanting the tag number but much like Trespassing, the enforcement is for authorities.

 

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I expect Mr Bland will crank out a PR campaign soon hoping to get jurors.

 

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I expect Mr Bland will crank out a PR campaign soon hoping to get jurors.

My guess is that the campaign is going to sputter.

Lexington County is the suburbs of Charleston with a more diverse jury pool rather than a deeply rural county in the hinterlands. Its going to make seating a rabidly pro defense jury that much harder.

In the end, I think the totality ( sought out simple trespasser at another location) is too much, even for SC. Heck, they cant even spin their defense with:

" Us vigilantes? No-never! We saw him in the act of leaving our property. We then you know.... "advised" him that it was private. We tried to back off when he became erratic. He then rushed us with a machete- wow, talk about crazy!"

If I was the defense attorney, I would forget the jury pool. Instead, start intense negotiations with the prosecutor:

"My clients will plea bargain to Involuntary Manslaughter- yes, today! You then ask the judge to assign to state norm punishment for first time offenders".

 

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My guess is that the campaign is going to sputter.

Lexington County is the suburbs of Charleston with a more diverse jury pool rather than a deeply rural county in the hinterlands. Its going to make seating a rabidly pro defense jury that much harder.

In the end, I think the totality ( sought out simple trespasser at another location) is too much, even for SC. Heck, they cant even spin their defense with:

" Us vigilantes? No-never! We saw him in the act of leaving our property. We then you know.... "advised" him that it was private. We tried to back off when he became erratic. He then rushed us with a machete- wow, talk about crazy!"

If I was the defense attorney, I would forget the jury pool. Instead, start intense negotiations with the prosecutor:

"My clients will plea bargain to Involuntary Manslaughter- yes, today! You then ask the judge to assign to state norm punishment for first time offenders".

I read where Bland talked about “property rights” and I’m just thinking that his clients couldn’t have been defending their property if they weren’t even on it. I’m curious too on the history of the machete. This case baffles me.

 

[tlcya]

FROM THE DEFENSE ATORNEY'S WEBSITE:
These cases will test the right of a property owner to protect their property from trespassers and vandals, including those who may bring deadly weapons onto the property of another.

A great deal transpired between the time that Kevin Newhouse entered onto the Lindler property and the time that a subsequent confrontation between Newhouse and the Lindlers led tragically to his death.
Bland Richter, LLP Takes on Defense of Lindler Murder Case

I THINK HE HIMSELF HAS HIGHLIGHTED HIS BIGGEST HURDLE RIGHT THERE IN THAT SENTENCE.

AND THEN THERE IS THIS:

The incident allegedly began with a confrontation between the Lindlers and Newhouse regarding a trespassing incident at another address just before the fatal encounter. The Lindlers reportedly prevented Newhouse from re-entering his residence, leading to a physical altercation.

“This all started with the Lindlers confronting Newhouse about a trespassing incident they said happened just before at another address,” explained Sheriff Koon. “Before the three men fought, the Lindlers prevented Newhouse from going back into his house.”
Father and Son Arrested in Fatal Shooting Incident in Lexington

So to get this straight: They allege Newhouse trespassed on their property, but no confrontation happened at that time. Instead, they waylay Mr. Newhouse on his own property sometime after that event and prevent him from being able to enter his own home. He has a machete, they have at least one gun. They disarm him (again - on his own property) of the machete and then proceed to fire at least three rounds into him, one of which is a headshot, all while trespassing on HIS property.

Sorry not buying this defense of property defense at all.

 

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I’m just wanting to be sure that Mr Newhouse did have it [modnote - the machete] before this confrontation, and even then, if he didn’t attempt to attack them while trespassing, would it matter? If the man had retreated to his own property then that could flip the script to this guy having 2 people coming at him while armed.
As with a case I mentioned about that “guilty or innocent” (?) show, sometimes lawyers jump on these cases without the clients best interest in mind.

 

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If they have him trespassing on video then that should have been reported and dealt with. They didn’t have a right to go to his home with weapons and “confront” anybody. I think they are banking on making the victim into a menace and some super pro gun jurors. Success with that game plan isn’t beyond possible in SC.

 

[tlcya]

Mr. Newhouse

[MOO he seems real menacing ]

Members of Newhouse's family told WIS News 10 that the Lindlers confronted Newhouse after accusing him of stealing an item from their property months earlier.

'It's kinda aggravated me because, from our experience with Kevin Newhouse and the situation in 2020, that's when it happened with us,' said neighbor Darlene Harmon, who said Newhouse has trespassed at her home in the past.
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Eric Bland, whose law firm is representing the elder Lindler, said the case is about a man defending his property.

'It's going to come down to property rights, vandalism, a history of trespassing — the right to defend others,' he told Fox News.

'All things that property owners guard for and against. People in Lexington County, South Carolina, value their property, and a lot of citizens respect each other's property.'
Father and son farmers are charged with killing armed intruder

One comment from E-M beneath this article is of interest MOO

 

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Here in the rural upstate of SC property disputes are fairly regular but rarely lead to this extreme. Thru my teen years we didn’t really enjoy a fishing trip without the exciting risk of trespassing or after hours penalties. I’m just interested to know if Mr Newhouse was really a threat to the community or just wondering around the area. I don’t think killing him saved anybody that day.

ETA- I haven’t found a Trespassing notice that has been served on KN and Bland tells us about the “history of trespassing” between the people. If KN is the scourge of Lex county then surely there are reports?

 

[Cryptic]

Members of Newhouse's family told WIS News 10 that the Lindlers confronted Newhouse after accusing him of stealing an item from their property months earlier.

'It's going to come down to property rights, vandalism, a history of trespassing — the right to defend others,' he told Fox News.

I wonder if they even reported the claimed theft to the police at anytime during the following months? Likewise, I wonder if those people referenced in the "defending others" claim really wanted to by uhmm.... "defended" by the Lindlers?

This article cited locals as stating that Newhouse had a history of trespassing as an adult, had unstated "issues", but was also non threatening and helpful to others.

I am thinking that the basis for the murder was social cleansing of an individual whom the Lindlers determined was "undesirable".

Lexington residents speak out following arrest of father and son accused of killing neighbor

 

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ETA- I haven’t found a Trespassing notice that has been served on KN and Bland tells us about the “history of trespassing” between the people. If KN is the scourge of Lex county then surely there are reports?

Newhouse as a scourge could exist solely in the minds of the Lindlers.

This case could have similarities with the Ahmaud Arbery killing in Georgia where stated acts of theft become part of neighborhood legend and lore. Arbery is then determined to be an "undesirable". He is then confronted and killed by neighborhood "defenders" after committing a minor act of trespassing.

 

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Newhouse as a scourge could exist solely in the minds of the Lindlers.

This case could have similarities with the Ahmaud Arbery killing in Georgia where stated acts of theft become part of neighborhood legend and lore. Arbery is then determined to be an "undesirable". He is then confronted and killed by neighborhood "defenders" after committing a minor act of trespassing.

Sadly it very much mirrors the Arbery case and I think the outcome will be the same.

 

[Cryptic]

Sadly it very much mirrors the Arbery case and I think the outcome will be the same.

I agree. Sometimes, I just get stunned by the actions of every day, hard working people people who have a good life- then throw it away. I suspect the perpertrators could be in this category.

A former neighbor of mine has a potential for it. Has a steady career, a nice looking wife, and well mannered children. And... he has an interventionist streak in him.

His daughter tells him that a man with no shirt knocked on his door- then went down the alley. I am pretty sure I know the guy. He is an unemployed (able) drug user living with mom. Does not fit in, and roams around. Yet, he is helpful, and has brought back our dog twice. But... I can also see say, lawn tools disappearing in his wake.

Anyways....

My middle class and respectable ex neighbor arms himself, then drives around looking for the shirtless door knocker. Going shirtless is not illegal, knocking on doors is not illegal. The man did not take any thing and.... he had left with out incident.

Who knows what the guy wanted? Heck, he might not even know what he wanted. Who knows what the intent of my middle class neighbor was? Heck, he might not even had known. Now, there are two people who don't know alot roaming around. Trying pull an armed "intervention" under those circumstances is a receipe for disaster.

 

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I agree. Sometimes, I just get stunned by the actions of every day, hard working people people who have a good life- then throw it away. I suspect the perpertrators could be in this category.

A former neighbor of mine has a potential for it. Has a steady career, a nice looking wife, and well mannered children. And... he has an interventionist streak in him.

His daughter tells him that a man with no shirt knocked on his door- then went down the alley. I am pretty sure I know the guy. He is an unemployed (able) drug user living with mom. Does not fit in, and roams around. Yet, he is helpful, and has brought back our dog twice. But... I can also see say, lawn tools disappearing in his wake.

Anyways....

My middle class and respectable ex neighbor arms himself, then drives around looking for the shirtless door knocker. Going shirtless is not illegal, knocking on doors is not illegal. The man did not take any thing and.... he had left with out incident.

Who knows what the guy wanted? Heck, he might not even know what he wanted. Who knows what the intent of my middle class neighbor was? Heck, he might not even had known. Now, there are two people who don't know alot roaming around. Trying pull an armed "intervention" under those circumstances is a receipe for disaster.

Guns are such a topic these days and I think some folks feel empowered with having them. I agree with your point about otherwise good people getting into situations like this but the right to a weapon doesn’t mean the right to be irresponsible with it.

 

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I hope LE and media are monitoring the phone calls and visits like with the Murdaugh case.

 

[Cryptic]

Guns are such a topic these days and I think some folks feel empowered with having them. I agree with your point about otherwise good people getting into situations like this but the right to a weapon doesn’t mean the right to be irresponsible with it.

Well said.

I am thinking that this could well be a sense of false empowerment. That empowerment might of been fed by the internet. I have seen some pretty dubious advise by You Tube self defense gurus on "interventions".

 

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Well said.

I am thinking that this could well be a sense of false empowerment. That empowerment might of been fed by the internet. I have seen some pretty dubious advise by You Tube self defense gurus on "interventions".

I’m following a few cases that are similar, local and here on WS and surely agree. Here in SC I think some wires got crossed a while back when the AG was Condon and the rules changed with home defense. With property now included in the “defense”, it seems to give some the idea that trespassing is cause enough for force.
I do think that many of those that get influenced by the web like you mention are newer to the whole stand ground-weapons rights game.

 

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I’ve been hoping for an update on this case but it’s slow these days.