The cemetery does not immediately come to mind when considering places where self-defense is necessary, but that is where this incident occurred.
Philadelphia prosecutors say 33-year-old Arian Davis was attending a graveside birthday party for his friend, Tyrek Fairel, who was murdered ten years ago. Despite the solemnity of the March 18 event, one partygoer apparently forgot its purpose and began an encounter with Davis.
Authorities say 29-year-old Daniel Hawkins confronted Davis and an exchange of gunfire ensued. The man prosecutors believe to have been the instigator died from his injuries, but it appears Davis will fully recover. Both were from Philadelphia.
The investigation took several weeks to conclude, but officials now say that the survivor will not face charges. Hawkins, they believe, was the first aggressor.
Montgomery County District Attorney Kevin Steele declared in a statement that no charges will be filed against Davis. “There is no doubt about who shot and killed Hawkins, so the legal issue to be analyzed is whether this was a justifiable killing,” Steele said.
Police believe the incident began when Hawkins arrived alone at the grave of Fairel, who was killed in a 2013 shooting in Norristown, in a stolen vehicle. Authorities say he was armed with a handgun that had been illegally modified to be fully automatic.
Investigators report that Hawkins approached Davis, who was an acquaintance and seated in a car with another person. The DA said Hawkins then opened fire into the vehicle.
Fortunately for Davis, he was not only legally able to carry his weapon, but he had it at the time. The mourner was able to fire back at Hawkins and in the process saved his own life as well as possibly others.
The local prosecutor said that Davis only fired his weapon after he had been shot by Hawkins. He “was under attack and in danger of being killed when he fired his legally owned weapon to end the threat.” That was enough for Steele, who determined that Davis would remain a free man.
There was no word as to whether Davis had reason to expect trouble at the graveside celebration, but for his sake it was fortunate that he chose to attend while armed. By all accounts he was not the aggressor and had every right to defend himself.
Court records, according to local media, showed that Hawkins was with Fairel when he was killed in 2013. In fact, the deceased shooter was driving and Fairel was a passenger. Hawkins suffered a gunshot wound to the hand in that incident.
What prompted his apparent act of violence at the birthday celebration is unknown.
What is known is that at least one man remains alive today because of his foresight to be prepared. Philadelphia is well-acquainted with violence, and even a birthday celebration to honor the dearly departed is not immune from chaotic attacks.
In this instance, the DA got it right. It is also commendable that the would-be victim who fired in self-defense did not have to wait for several grueling months to know if he would face charges. The facts were determined, and an innocent man gets to remain free. And alive.
There are far too many instances where authorities let people who lawfully defend themselves twist in the wind waiting on a decision. In this case and countless others, the natural right to self-defense was exercised, and a quick determination was called for and received.
