Fayette County judge: Castle Doctrine does not automatically apply to vehicles

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A man's home may be his castle, but a judge says the state's Castle Doctrine doesn't necessarily apply if he feels threatened in his vehicle.

Fayette County Judge Nancy Vernon has rejected a request to dismiss attempted homicide and other charges against 22-year-old Ralph Fisher.

The Uniontown man is charged with shooting 29-year-old Derek McKulka, of Connellsville, on May 15.

Police said Mr. McKulka was tailgating Mr. Fisher and hit the back of Fisher's vehicle. Mr. Fisher's attorney, Samuel Davis, contends Mr. Fisher shot Mr. McKulka in the hands -- but only after Mr. McKulka drove at Mr. Fisher before driving off.

County prosecutors contend Mr. Fisher walked up to Mr. McKulka's car and fired without provocation.

Mr. Davis said Mr. Fisher was defending himself under the Castle Doctrine, which allows people to use deadly force in some self-defense situations.

mobilehome - breaking - region - legalnews - neigh_south


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