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Tuesday, November 12, 2013

Lakisha Gaither's Warning Shot: Reckless Endangerment or Self-Defense?

     On Saturday night, October 19, 2013, when questioned at her apartment complex in Woodbridge, Virginia, Lakisha Gaither told Prince William County police officers that she and her daughter had been set upon that night by a gang of boys. As Gaither and Brianna, her 15-year-old daughter, walked to their apartment, ten boys approached them in the parking lot.

     According to the 35-year-old mother, one of the boys insulted and swore at them. Brianna, who was five-foot-nine and 160 pounds, did not back down. This led to an exchange of face-to-face insults. When the boy grabbed Brianna's shirt and started hitting her, Ms. Gaither unholstered her handgun and fired a shot into the air.

     The warning shot ended the parking lot confrontation.

     Police officers arrested Lakisha Gaither for the reckless use of a weapon, a misdemeanor offense. None of the boys were charged with a crime. The next day, Lakisha took Brianna to Fairfax, Virgina to stay with the girl's grandmother. Lakisha feared that the boys she had run off with the gunshot might retaliate.

     In speaking to a local reporter, a Prince William County spokesperson said, "Ms. Gaither should have called the police instead of taking matters into her own hands. She may have been trying to break up the fight, but that's not the proper course of action to take."

     The gun-owning mother told the same reporter that, "I didn't feel like I was wrong. I wanted to protect my child. I just wanted this group of guys to disperse. I didn't know what they were going to do. I wanted him to stop hitting my child."

     Gaither's public defender attorney, Daniel L. Hawes, conceded that his client, while well-motivated, should not have created a threat herself by shooting into the air.

     A week after the confrontation and warning shot, a Prince William County Police Department spokesperson issued a modified account of the incident. According to investigators, Brianna and the boy in question had been involved in an ongoing dispute over rumors that had been spread about her. That night, Gaither and her daughter had sought out the boy near his home where the fight and warning shot took place. The boy claimed that Brianna had thrown the first punch.

     Most people believe that citizens have the right to defend themselves when threatened with bodily harm. There is something profoundly satisfying about dispersing overwhelming force with a shot into the air. However, if the person claiming self-defense instigated the confrontation, there is a lot less sympathy for the shooter.

     The day after being taken to her grandmother's house in Fairfax, Brianna went missing. Lakisha filed a missing persons report with the police. "I don't know where she is," said the mother. "I don't know if she's okay. I don't know if she's hurt. There's been no action on her Facebook."

    Four days later, on October 24, 2013, Brianna returned home. Her mother, without revealing where her daughter had been, used Facebook to thank the people who had been looking for her.

     

1 comment:

  1. I would like to clear a few things up. I did NOT have a public defender and do NOT know who Daniel L. Hawes is. I have had no form and/or type of communication with this person. My attorney was Micheal Robinson. I was also found NOT GUILTY.

    Thanks You,
    Lakisha Gaither

    ReplyDelete