Tow company owner claims self-defense in Christmas Eve shooting death (Castle Law suckage) [View All]

[jpak]

http://www.postandcourier.com/news/2011/oct/09/castle-doctrine-at-issue-again/

BLUFFTON -- South Carolinians have long upheld a man's right to use deadly force to protect his home and property from intruders. But should a man's "castle" extend to his truck, as well?

Preston Oates thinks so. The embattled tow company owner is betting on the state's so-called castle doctrine law to spring him from manslaughter and weapons charges he's facing after shooting a man dead on Christmas Eve last year.

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Oates' lawyers, Donald Colongeli and Jared Newman, argue that he should be granted immunity from prosecution because state law gives residents the right to protect themselves from harm in their homes, businesses and vehicles. They contend that Oates defended himself against an attack by a pistol-wielding Olivera and Olivera's brother in the Edgefield neighborhood. Oates was in his tow truck at the time, according to the motion.

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"We are really mad and sad," she said. "Everyone knows what really happened that night. All this time we have believed justice was going to be served. Now, we have doubts."

Olivera's family tells a much different version of the events of Dec. 24. They say Oates shot Olivera execution-style while Olivera's back was turned. Oates reportedly said "Feliz Navidad" -- Spanish for "Merry Christmas" -- to Olivera's relatives as deputies led him away from the shooting scene, according to the relatives.

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