Good guy with a gun innocent in Kentucky

One of our friends, Scott Albright, was Johnny-on-the-spot a few months ago when two brothers, Cameron Pearson and Kyle Pearson, were wrestling over a stolen gun. Scott was working in a nearby gun store that he owned at the time when he heard a gun shot ring out. KMOV tells the rest of the story;

Albright said he saw Pearson swinging a gun before he drew Sumner’s gun, put both hands on it and pointed it at Kyle, according to the motion. Audio from video surveillance captured Albright demanding Kyle to, “Drop the gun! Drop the gun!”.

The physical fight between the brothers continued as both of them attempted to gain control of the gun. Albright said as soon as the brothers hit the ground in their battle, he took protective cover behind a Jeep Liberty vehicle and peeked around the automobile and saw the gun pointed straight at him, according to court documents.

Baits said she commanded Albright’s attention and told him the two men on the ground were her brothers. She, too, yelled at both of them to stop and let go of the gun. Mohan said several people were yelling at the brothers to drop the gun.

More audio from surveillance footage reveals baits yelling “No, please do not shoot them. They are both my brothers. Don’t.”

During a heated conversation with Baits, Albright said another shot was fired from the gun being fought over. He said the gun was then pointed at him, according to the judge’s motion.

Two witnesses agreed that the gun was pointed at Albright. However, Baits said the gun was pointed at her while she stood next to Albright.

It was then that Albright said Kyle threatened to shoot him and Albright fired his gun and struck both brothers, according to court documents.

Cameron Pearson was killed in the exchange and his brother, Kyle Pearson is still recovering from his wounds. Albright’s trial was on Friday and he was cleared of the charges. The judge wrote;

The Commonwealth attempts to make much of Albright’s alleged lack of a right to pursue; however, he clearly was lawfully on the Premises and had no duty to retreat. The gunshot and gun battled unquestionably impinged upon his person, Sumner, his shop, other shops, and other persons. The law does not require Albright to cower in his store, pray that the shots will not penetrate, and passively hope that the gunfight will not hurt him and others. Likewise, it does not mandate that Albright retreat from the Premises.

* * * * *

Albright did not create this situation and did not control it. Pearson put this situation in motion. The Decedent’s behavior may have been undertaken in an effort to deescalate the danger; it may, however, have escalated it. Albright was not required to turn tail and run. Likewise, the law does not mandate that he become paralyzed with fear and refrain from acting in the hopes that the smaller, unknown, and unarmed brother would save the day. As a combat paratrooper and gun expert, Albright recognized the danger to himself and others. He had already spent a large portion of his life protecting others. He reacted to the circumstance in which he found himself and acted to protect himself and others from the unfolding, and chaotic, lawlessness. He is privileged to do so.

* * * * *

Finally, the Commonwealth has submitted no proof that Albright used excessive force. Indeed, he returned the clear and undisputed use of deadly force with deadly force. In so doing, he was compliant with Kentucky law. The Commonwealth opines that Albright’s use of force may have endangered himself, other patrons, the Sister, Waits, Sumner, Denton, Mohan, or Fenogio. In hindsight, it clearly did not. However, no hindsight is required to know with certainty that Pearson’s and the Decedent’s conduct clearly did endanger others.

* * * * *

Wherefore, IT IS HEREBY ORDERED that the motion of Defendant, William Scott Albright, to dismiss is granted. The indictment against him is dismissed with prejudice. There being no just cause for delay, this Order is final and appealable.

Of course, according to the linked article, Albright’s troubles aren’t over. The Pearson family claims that they are filing a wrongful death lawsuit against him. The prosecutor is appealing the judge’s decision, too.

I stand corrected; We’re told that the family is filing a lawsuit against Scott, but it’s not a wrongful death suit (apparently in Kentucky Albright is immune from that after the judge’s decision). We’re also told that the prosecutor isn’t filing an appeal – this particular journalist is the only one who thinks that the prosecutor will file an appeal.

Category: Guns