Murder Charges Against Ben Carter Drismissed Yesterday
According to John Chiv, a local blogger, who was present in court yesterday, murder charges have been dropped dismissed against Ben Carter. Carter had been charged with the shooting death of Zachery Chapman which occurred in April of last year. Chapman’s body was found while the annual Easter Hunt at the Community Park near Garberville was celebrated a couple of hundred yards away.
Chiv says that Carter is still being held on charges of being a felon in possession of a firearm. (See the full story here.)
Carter was on the run from law enforcement for several weeks during which he contacted this reporter saying he acted in self-defense when he shot Chapman.
Below is an excerpt from the story filed while Carter was on the run. (See here for the complete story.)
Carter said he picked up the gun Chapman had given him earlier in the day and followed Chapman into the trailer. Carter said that when he entered the place, Chapman had a pistol pointed at the two women. Carter wrote that, as he entered, Chapman pointed the gun at him and said, “u get some of this too.”…
When Chapman swung the gun at him, Carter said he believed that Chapman “was going to kill me.”
“Out of fear and reaction I brought his shot gun up and discharged the single round it had in it in his abdomen,” Carter claimed. “I’m thinking he had intentions of doing something I just don’t know what… . He was slamming dope and doing heroin and shit.”
According to Carter, Chapman fell to the ground without saying another word. But, Carter says, he has a hard time remembering the details of that night. “Its kinda fuzzy like I shut down and went on auto piolet,” he explained.
John Chiv says that Carter has four prior felony convictions.
Earlier Chapters:
- Law Enforcement Looking for Homicide Suspect in Southern Humboldt
- Wanted for Questioning in Homicide: Benjamin Carter
- Body Reportedly Found West of Garberville
- Southern Humboldt Homicide Story Clarified by HCSO
- $1.25 Million Arrest Warrant Bail Set for SoHum Homicide Suspect
- Homicide Suspect on the Run Gives the Outpost His Side of the Story
- Homicide Suspect Ben Carter Arrested in Arizona
- US Marshals Say Homicide Suspect Benjamin Carter Member of White Supremacy Gang
- Homicide Suspect Ben Carter Returned to Humboldt County Jail
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You did a great job reporting on this story Kym.
This is bullshit,
So you’re telling me this fucking neck tat loser is going to roam the streets before we know it?
I’m so tired of the bullshit in this county.
He was slamming dope and shit?
Is this how this loser describes his friend to the judge?
I’m disgusted with all of it.
[edit]
It is not bullshit, it is called our justice system. If the government doesn’t have enough evidence, you get to go home. Innocent until proven guilty.
So basically, the scum-bag criminals in this county have more rights than law-abiding people. I can’t wait to leave and never look back…if I don’t get shot or stabbed to death first.
The charges were dismissed, not dropped. The difference is that the defense attorney filed a 995 motion after the Preliminary hearing where Carter was held on a murder charge. 995 motions basically say that he should not have been held by the judge that heard the prelim because there was not enough evidence to hold him and a second judge reviews the decision and can dismiss. So in this case the reviewing judge dismissed the case for lack of evidence. A judge can also not hold a person to answer and decide that there is not enough evidence at a prelim. That happened last week in another murder case.
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