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PROSECUTORS WILL NOT FILE CHARGES IN KILLING OF MAN.


Byline: Karen Maeshiro Staff Writer

LANCASTER - Prosecutors have declined to file charges against a Palmdale man arrested on suspicion of killing his wife's ex-husband with a baseball bat in a front-yard confrontation.

Ex-husband Barry Coleman, 45, went to his ex-wife's home after threatening to get a gun and kill her new husband Anthony Martin, prosecutors said.

``Martin, fearing for his life, as the guy was approaching him, thinks the guy is going to shoot him,'' Deputy District Attorney Robert Foltz said. ``As it turned out, the guy left the gun in car. He had every reason to believe that the guy was going to kill him.''

Coleman, 45, died Nov. 10 in the front yard of his ex-wife's home in the 500 block of Spruce spruce, any plant of the genus Picea, evergreen trees or shrubs of the family Pinaceae (pine family) widely distributed in the Northern Hemisphere. The needles are angular in cross section, rather than flattened as in the related hemlocks and firs.  Court in Palmdale.

Coleman was at the residence earlier in the day to pick up some personal items. He and Martin, 46, exchanged words, and Coleman said he was going to get a gun, come back and kill Martin, Foltz said.

Martin reported the threat to the Sheriff's Department, Foltz said.

Coleman then went to another house, where his ex-wife was, had words with her and told her he was going to get a gun, Foltz said.

Martin, an ex-felon who can't have a gun, armed himself with a baseball bat, Foltz said.

``There are sufficient issues of application in regard to justification of the use of deadly force An amount of force that is likely to cause either serious bodily injury or death to another person.

Police officers may use deadly force in specific circumstances when they are trying to enforce the law.
. They are substantial enough that we do not believe there is a provable criminal homicide homicide (hŏm`əsīd), in law, the taking of human life. Homicides that are neither justifiable nor excusable are considered crimes. A criminal homicide committed with malice is known as murder, otherwise it is called manslaughter. , whether it's voluntary manslaughter The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
 or anything else,'' Foltz said. ``The fact that the guy was told by the decedent An individual who has died. The term literally means "one who is dying," but it is commonly used in the law to denote one who has died, particularly someone who has recently passed away.  and another person that he is coming, has got a gun and previously threatened to kill him, it's an appropriate self-defense self-defense

In criminal law, an affirmative defense (e.g., to a murder charge) alleging that the defendant used serious force necessarily for self-protection. The claim of self-defense must normally rely on a reasonable belief that the other party intended to inflict great
 argument, and we do not have sufficient evidence to counter that defense.''
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Copyright 2004, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Dec 8, 2004
Words:301
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