Man who claimed self-defense now charged with murder in Newp

[cabrera]

You have to love the commonwealth attorney, 8 months later he decides, "yeah it's murder"
NEWPORT NEWS -- A man who claimed self defense when he shot a man last year is now charged with murder.
After reviewing the case, the Commonwealth Attorney recommended warrants be obtained by the detective for Charles Shane Christ, police spokeswoman Holly McPherson said.

Crist, 27, is accused of shooting Greg Arsenault, 29, on the night of July 9, 2010 in the parking lot of Sentara Port Warwick.

Arsenault, who lived in Hampton, died a short time later. Police say Crist told investigators that Arsenault started a fight with him inside nearby Kelly's Tavern. He said Arsenault had a knife and was later kicked out of the tavern.

Police say witnesses saw Arsenault approach Crist as he went to his car and that’s when Crist pulled out a gun. Crist allegedly yelled at Arsenault to stop and then fired several times when he did not.

Two knives were recovered from Arsenault at the hospital, according to police.

Warrants for murder and use of a firearm were issued March 24; Crist was picked up at a 7-Eleven on Denbigh Blvd. around 6:10 a.m. Tuesday.

http://www.wvec.com/news/local/Man-who- ... 39264.html

[Reverenddel]

Rule 1 after a shooting: SHUDDUP! ADVISE YOU WANT A LAWYER PRESENT!
Rule 2 See rule 1.

Commonwealths Attorneys can roll either way. I'd rather have an attorney present at ALL questionings, simply to cover myself both criminally, and civilly. No offense to any LEOs. Just making sure all the "i's are dotted, and t are crossed".

[totes6]

Scratching my head on this one. Already was kicked out of a bar for fighting with a patron. Known to have at least one knife and police themselves recovered two knives. He then waits for the patron he already had a fight with to leave the bar and approaches him. The patron pulls his gun and demands that he leave. The guy continues to approach the patron. Patron fires and eventually kills the guy. Sounds pretty clear, even had witness statements saying that he was given warning. Unless there is some earth shattering new evidence, to me this should be thrown out of court in the preliminaries by the judge for lack of evidence. And the Judge ought to chew the commonwealth attorney a new one for wasting his/her time and the time/money of Crist.

[gunderwood]

Rule 1 after a shooting: SHUDDUP! ADVISE YOU WANT A LAWYER PRESENT!
Rule 2 See rule 1.

Commonwealths Attorneys can roll either way. I'd rather have an attorney present at ALL questionings, simply to cover myself both criminally, and civilly. No offense to any LEOs. Just making sure all the "i's are dotted, and t are crossed".

You and me both, but I'm sure someone will jump in with "if you haven't done anything wrong why do you worry about answering their questions at the scene?" Most LEOs will always tell you to corporate, but lawyers say don't. I'll take the silent path.

[CCFan]

Rule 1 after a shooting: SHUDDUP! ADVISE YOU WANT A LAWYER PRESENT!
Rule 2 See rule 1.

Commonwealths Attorneys can roll either way. I'd rather have an attorney present at ALL questionings, simply to cover myself both criminally, and civilly. No offense to any LEOs. Just making sure all the "i's are dotted, and t are crossed".

You and me both, but I'm sure someone will jump in with "if you haven't done anything wrong why do you worry about answering their questions at the scene?" Most LEOs will always tell you to corporate, but lawyers say don't. I'll take the silent path.

Why worry?? I'll show you why...

[gunderwood]

@CCFan

Yup, seen that before but it's good.

[Jakeiscrazy]

Scratching my head on this one. Already was kicked out of a bar for fighting with a patron. Known to have at least one knife and police themselves recovered two knives. He then waits for the patron he already had a fight with to leave the bar and approaches him. The patron pulls his gun and demands that he leave. The guy continues to approach the patron. Patron fires and eventually kills the guy. Sounds pretty clear, even had witness statements saying that he was given warning. Unless there is some earth shattering new evidence, to me this should be thrown out of court in the preliminaries by the judge for lack of evidence. And the Judge ought to chew the commonwealth attorney a new one for wasting his/her time and the time/money of Crist.

+1 I feel like I'm missing some important details in this story.

[grumpyMSG]

So if I take all these statements at face value, how will any case ever go to trial other than those that were videotaped with clear sound? Will any criminal ever be convicted if all witnesses claim the 5th amendment's "right to remain silent"?

I wasn't there, I didn't see the shooting in question and the Newspaper's article leaves a lot of questions unanswered. What if everybody at the scene refused to answer the LEOs questions, is that going to lead to a civil society? At some point common sense needs to apply. The big question that needs to be answered is: Did the shooter stop firing once the threat had been disabled? If so, then prosecution would be justified. I am not saying this happened, but if a man attacks you and you defend yourself with a firearm, shooting him several times, you reload and then walk over and shoot the man who is laying in a puddle of his own blood, you will be charged.

[gunderwood]

So if I take all these statements at face value, how will any case ever go to trial other than those that were videotaped with clear sound? Will any criminal ever be convicted if all witnesses claim the 5th amendment's "right to remain silent"?

I wasn't there, I didn't see the shooting in question and the Newspaper's article leaves a lot of questions unanswered. What if everybody at the scene refused to answer the LEOs questions, is that going to lead to a civil society? At some point common sense needs to apply. The big question that needs to be answered is: Did the shooter stop firing once the threat had been disabled? If so, then prosecution would be justified. I am not saying this happened, but if a man attacks you and you defend yourself with a firearm, shooting him several times, you reload and then walk over and shoot the man who is laying in a puddle of his own blood, you will be charged.

Questions will get answered, but just not right then after when you are still pumped and scared (you did fear for you life right?). Later with your lawyer questions get answer and it gets worked out, but nothing you say right then can help you. That is common sense...and practical too.

[Diomed]

If one takes the news account as accurate (snort), then it sounds like the deceased was lying in wait and had deadly weapon(s). My memory is a bit rusty, but that sounds like attempted capital murder to me.

Be nice to know what the facts are.

[RTBA]

Charles is my friend. I can answer almost any questions since I have heard the story first hand. I am joining and posting in hopes of learning more about our laws. To protect my future well being ! I agree he should have never gave any statements without his lawyer. He felt he didn't need one at the time since he was justified in his shooting. He did talk to a local lawyer after the inital questioning. The lawyer knew the victim and all of his "gang related" friends. He told Charles to buy numerous weapons. Get a Concealed Weapons permit. Shotgun at home. Side arm and a boot pistol. And to get permission to wear a bullet proof vest. He fired towards the leg/ground area with a Smith and Wesson .40 untill he dropped. I heard 3 out 6 or 7 shots hit. (leg, stomach, and head) Sound like falling wounds to me ? H estopped when Greg stopped. He said it was like he was possesed and on drugs. He felt like the guy was never going to stop. I wished there was something I could do for him. I hope I did not lose my only friend.

Greg Arsenaults record

2000:
Underage possession of alcohol
Contempt of court
Underage possession of alcohol (2nd time in 2000)
Possession of marijuana
Underage possession of alcohol (3rd time in 2000)
Shoot from vehicle
Attempted maiming
Use of firearm

2001:
Possession of marijuana w/intent to distribute
Possession of marijuana (2nd time in 2001)
Reckless handling of firearm
Drunk in public
Resisting arrest
Breach of peace
Drunk in public (2nd time in 2001)
Underage possession of alcohol

2002:
Assault

2003:
Drunk

2004:
Drunk in public

2006:
Possession of firearm by convicted felon
Brandishing a firearm

2009:
Drunk in public
Resisting arrest
Drunk

2010:
Assault on officer
Assault on officer (again)
Obstruction of justice
Drunk in public

Sounds like someone had no respect for authority nor his own life and future. The only years with no charges were probally the years he was locked up. If the police and justice system would have done their job in the past then this would have never happened. Charles has no record ! If he had not shot, he would not be here today. This guy was already looking at prison time for the above 2010 charges. He is very lucky Greg only had knives that night and not a gun. I think Greg was looking to go to jail as a "bad ass" . Or he was looking at it like " Go ahead make my day" like he had nothing to lose because he was going back to prison.

[Tweaker]

There is no restriction on who may buy body armor in VA.

There is no restriction on who may wear it. If you do so while committing a crime, there is an additional charge for that though.

Best of luck to your friend.

ALL of the cops I have spoken to recommend to STFU after a shooting. That is what they would do, even if they knew the responding occifers.

I would suggest leaving the immediate area though.

[Vahunter]

Since when do you need permission to wear body armor ?

[totes6]

If a lawyer told me to get permission to wear body armor in Virginia, I would probably be looking for a new lawyer.

[dorminWS]

I'm not defending his actions, but the Commonwealth's Atty is probably hanging his hat on some sort of notion that the defendant used excessive force. Maybe it was the head shot or mulitiple shots. And I suppose it is possible there is compelling supporting evidence that we don't know about. Or maybe he's just second-guessing the defendant's use of 6 shots. Easy enough to do, I guess, when it ain't your guts the knife is aimed at. Them again, he might have an AGENDA, or just be an idiot. It happens.

[RTBA]

He never did hire that lawyer 8 mths ago. He was just looking for advice. Today his bond got denied untill he gets a lawyer. Which is going to cost $20,000. He did leave the area after the shooting. He was working out of state for a few months.

[VBshooter]

I really have to wonder if this Commonwealth attorney has a vendetta or some other possibel political motivated issue with this to suddenly decide to bring murder charges. Something is missing here and until it's found out this case will be a big ? mark....Good Luck to your friend as it sounds like he;s going to need it.

[RTBA]

Well I know 3 people with very close family on the NNPD and they all have heard the same things over and over.
Greg was well know and bad news. I think it could maybe have been pushed to the side longer. But Gregs mother is bugging the hell out of the DA and Detectives. Thanks for all the well wishes also ~

[DWinter]

I had a lawyer friend once tell me and I quote, "Nothing good has ever come out of making a statement to any law enforcement agency, no matter what the circumstances." Thankfully I've not been in that situation but I trust him and will always heed his advice. He said to always comply with their orders but politely decline a statement and request a lawyer immediately. Anything you say can and will be used AGAINST YOU means what it says. And you can also be charged for false statements in addition to the original charges. Let the lawyers do what they do.

[gunderwood]

I had a lawyer friend once tell me and I quote, "Nothing good has ever come out of making a statement to any law enforcement agency, no matter what the circumstances." Thankfully I've not been in that situation but I trust him and will always heed his advice. He said to always comply with their orders but politely decline a statement and request a lawyer immediately. Anything you say can and will be used AGAINST YOU means what it says. And you can also be charged for false statements in addition to the original charges. Let the lawyers do what they do.

+1