A jury ruled in favor of a trucker who was charged with murder after defending himself and his wife from a robber who attacked them.
The driver, Dana McDonald, was returning to his truck with his wife when they saw two men in the cab of his truck. One of them ran off, but the other grabbed his cheater bar from the cab and came at McDonald and his wife.
During the course of the fight, McDonald disarmed the robber and subdued him. McDonald’s wife, Cassandra, called 911. When authorities arrived, the attacker was taken to the hospital where he died from his wounds.
Even though McDonald claimed that he was just protecting himself and his wife from an armed assailant, he was arrested and charged with murder.
During the trial, McDonald’s lawyer argued that he was acting in self-defense.
“He and his wife were being robbed by this guy,” said McDonald’s attorney, a public defender. “When he comes out swinging that cheater bar, using force to take property, that’s a robbery.”
The attempted robbery occurred in 2012, but it wasn’t until just this past week that a jury took just 40 minutes of deliberation to side with McDonald and declare him not guilty of murder.
“The jury was only out 40 minutes,” McDonald’s attorney said. “We talked to them afterwards and some of them were upset, asking, ‘Why are we even here?’”
Source: houstonchronicle, chron
old man says
I’m relly surprised. Every one knows everything is the truck drivers fault regardless of the situation
Bruce Campbell says
This guy spent 4 years in jail waiting for a trial?
MrYowler says
I didn’t see that in the article. I’d imagine that there was bail, or something. I’m a little curious what drove the prosecutor to pursue the matter, and whether there are grounds for a wrongful arrest/prosecution lawsuit. If he *did* spend four years in jail over this – or lose his job/become unemployable, because it was hanging over his head – then somebody definitely owes him and his wife some money… and somebody (probably several somebodies) should be getting fired…
RickRiff says
Probably not. I am sure he was out on bond.
tired trucker says
why did it take 4 years to go to trial? what about to the right for a speedy trial? what about the mans and his wife and family in that time? yes a man died his family is at loss, but come at someone with a weapon they have the right to defend themselves, with equal or greater force.
Max says
Everything in the legal system requires a ‘motion’ to get the ball rolling. Every time a lawyer files one, the cash register rings. Legal aid lawyers are very overworked and don’t have either the experience or time to file motions with the backed up legal points (takes time to research) for the motion. As a result, the accused sits.
More than likely, he was out on jail, but this type of thing weighs heavily on the accused and the DA uses this mental pressure to force the accused to accept a deal.
It’s a travesty, but it’s the way the legal system works.
JOHN T ODEKIRK says
Plus the courts are backed up with BS like drug users, illegals, death row appeals, etc.
Here is a first hand account of how we ( honest, hard working folks) are disadvantaged by all the riff-raff we put up with in our society.
Jack James says
Now the question is…. How is this poor guy going to be compensated for this travesty?
Anthony Bellard Sr. says
And that’s how your local and state makes their money Folkes,,They knew it was self defense, but they can’t make money using common sense so they charge you, then you have to pay bonds,Lawyer’s, court fees,,it will cost you even if you get a free Lawyer with all the other things involved. Legal Thieves at all levels.
Donny says
That they decided to prosecute this man is outrageous. If it were that obvious to a jury then the D.A. was seeking numbers for reelection, or just has it out for drivers (highly plausible). Moron.
Jason Kane says
The dead assailant was probably the DA’s brother-in-law or something like that.
robert says
Thats the difference between a copkilling an unarmed man they get paid leave while we sit in jail. The law is as crooked as this country is
Rick Mitchell says
Oh cry me a river. Boo Hoo! Just another person, try to cause trouble.
Arby says
I have an idea,when the state charges you and you are acquitted the state should then be responsible for all lawyer and Court fees
Jason Kane says
I second that!
JOHN T ODEKIRK says
I third that!
Jerry Cook says
If there is an acquittal, the state should also be required to compensate the accused for lost income, damage to character, etc.
Dwayne says
WHERE?
RR Rigger says
“The jury was only out 40 minutes,” McDonald’s attorney said. “We talked to them afterwards and some of them were upset, asking, ‘Why are we even here?’”
Amen.
Phantom 303 says
Everbody knows if you are a trucker, justice and due process doesn’t apply to you.
I’m actually surprised the DOT weren’t called for a level 1 inspection of the truck too,.
Donald Lipham says
Prosecutorial misconduct? Why was he even charged with a crime?
Merl says
The arresting cop needs to go back to the academy for a repeat of that missed course.
JJ says
Isn’t it amazing that in this country we call the good old USA, a thief can rob you, beat you some, violate you, and then when the self defense comes into play, your dragged through the mud. In some countries the driver would have been praised for beating the hell outta the thief, some countries your hands are cut off if you are caught stealing, see the thieves know there is a very good chance they’ll do okay. Glad he died, won’t be robbing anyone else.
gearjamn says
Truckers should have the RIGHT to CARRY so we can defend ourselves because that situation could of went a different way if he didn’t disarm his attacker.
Mark Pain says
I looked up some information on the story. Everyone should be required to learn how the court system is really not that good at all. The deck is stacked against the defendant because law enforcement, prosecutors, and judges routinely work together and have almost unlimited funds to go after anyone who is charged with a crime. Race, gender, religious beliefs, etc… all play into arrests,charges being brought, bail amounts, verdicts.