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Old 02-21-2018, 11:31 AM
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Default Court tosses conviction of (black) dad who shot daughter’s (black) boyfriend

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Court tosses conviction of dad who shot daughter’s boyfriend
By Julia Marsh
February 20, 2018 | 7:34pm | Updated

A Manhattan appeals court threw out an 18 year manslaughter conviction for a former Corrections Officer found guilty of killing his daughter’s boyfriend during a heated argument– because he likely acted in self-defense.

The former CO, Darryl Brown, shot Vonde Cabbagestalk with his Glock pistol in the lobby of his Bronx building in March 2014 after warning him to “stay away from my daughter,” according to a witness.

The three judge panel ruled Tuesday that the jury should have been instructed on the “defense justification” because Cabbagestalk repeatedly tried to hit Brown, who was holding the gun at his side, in the face while warning “You going to pull a gun out, you better use it.”

The panel wrote that “the trial evidence, when viewed in the light most favorable to the defendant, supports the conclusion that defendant feared for his life, and reasonably believed that deadly physical force was necessary to defend himself against Cabbagestalk.”

The panel ordered a new trial, explaining that the district attorney could still prove that Brown wasn’t justified in using deadly force.

Two judges dissented and the Bronx district attorney plans to appeal.

A relative of Cabbagestalk declined to comment.

Brown’s attorney hailed the ruling.

“Corrections Officer Daryl Brown acted reasonably and responsibly in firing a single gunshot in order to preserve his life during a violent and vicious attack,” attorney Joey Jackson said.

“The trial court’s refusal to instruct the jury to consider self-defense hamstrung them during their deliberations, and thereby thwarted a proper verdict,” Jackson said.

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Ex-correction officer sentenced to 18 years in prison after he fatally shot his daughter’s boyfriend in the Bronx

Wednesday, November 2, 2016
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