Plea Bargain
Wayne Martin pleaded Guilty to a lesser charge of Voluntary Manslaughter 08/26/2002
Most states that allow right to carry laws have provisions about the use of lethal force. Most states stipulate that a legally armed citizen may only resort to the use of lethal force when they or another person is under peril of serious bodily injury or possible death. Would you help another person who was being attacked? Most people would say yes. However, this is in theory. Unless a person is there at the time the need arises, they will never know for sure. This is what happened in the situation with Wayne Martin.
Wayne owns a barber shop in Nashville, Tennessee. His barber shop is in the same building with a Florist Shop. One day Wayne Martin heard his neighbor at the Florist scream for help. Wayne yelled back asking what was happening. She screamed that a man was holding a knife to her throat, and was attempting to drag her to the back of the store [for who knows what]. Wayne responded to let her know he was on the way to help her. The attacker also heard him, and began to run from the store. Wayne came to the aid of his neighbor to make sure she was all right, then took off after the attacker. This is where he got himself in trouble. How much trouble...murder charges! Wayne and his son got into their vehicle, and began to chase after the attacker. They located him a short distance away in the parking lot of a auto dealership. Wayne got out of his vehicle and yelled for the man to stop. The man turned and yelled back some unique obscenities at Wayne. Wayne Martin possesses a Tennessee Handgun Permit. He did not have his normal carry gun with him. He did have a small caliber (.22) handgun in his pants. The man yelled what he was going to do to Wayne, and proceeded to pull a knife. When he advanced, Wayne pulled the handgun out and told the man not to come any closer. The man did not listen, and continued his advance. Wayne fired one shot, then tripped. When he regained his footing and looked up, the man was closer. Another shot was fired, and the man fell dead. He came to rest in a sitting position by Waynes' vehicle.
The first reports released by the authorities said that the shooting looked justified. However, shortly afterwards, Wayne Martin was charged with 2nd degree murder. He thought he was helping someone, now he was the person needing help. The Nashville District Attorney presented the charges to three (3) separate Grand Juries before he was able to get a charge [I assume there is no double jeopardy because it is a Grand Jury). In the first two Grand Jury Hearings, the citizens issued a No True Bill regarding the charges. In the third Grand Jury, the District Attorney was able to get a charge of murder against Wayne Martin. Well folks, I don't know Wayne Martin, I only met him after the incident took place but, I think he needs some assistance. He did not wake up that morning with the intention of hurting anyone. He did not wake up that morning wanting to put himself at risk for anyone. He did not wake up that morning deciding to shoot and kill a scumbag. It happened because he thought he was helping his neighbor. Yes, he chased after the person and maybe he should not have done it. If it were you or me, we can say now that we would not chase the person because, that should be left to the people who wear the blue uniforms and a badge. When it comes down to an actual indicant, will he feel the same way at that time? I have been reprimanded by some of my colleagues who are firearm instructors or writers, because I have asked others to help support Wayne Martin. I have been told that it is never correct to chase after an attacker. Well, I know all the reasons why it should not be done because of all the problems that could happen, innocent people being hurt, potential threat to myself, the law, etc., however; this incident has already occurred and Mr. Martin is charged with murder. If the first or second Grand Juries had their way, he would not be faced with a trial for murder. Three separate Grand Juries? Too much for me to not respond and ask others to help this man who now faces 15 years in prison, a $15,000 fine, and even higher legal bills. The National Rifle Association Legal Defense Fund has contributed some money, now it up to all of us who are authorized to carry weapons to help someone who is facing problems that any one of us could face. It doesn't matter if you live outside of Tennessee. I you possess a permit or license, are a gun owner, or even if you are from a anti-gun organization who believes that the charges against Wayne Martin are wrong, take a position and send a few dollars. Wayne Martin will not be sticking the money in his pants. The attorneys who are representing him will be sticking the money in their pants. But without adequate legal representation, Wayne Martin could face a long prison term. Help him out by sending a few bucks. Thanks, Gene Kennedy
Open Public Letter from Wayne Martin Wrongfully Accused of Murder
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08/26/2002