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Kevin Stewart -- Self-Defense vs. Murder

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Let me introduce you to Kevin Stewart.  Kevin is an African American black male born in 1962.  He is currently in his fifties.  He went to work faithfully, had a home next to his grandma, had a vehicle, and a girlfriend.  He had never been in trouble with the law before.  Back in the eighties he hooked up with a woman and had two children by her.  He never married her.  Her name is Sandra but because there were children involved, he continued to see her on a periodic basis.  They both moved on.  Kevin had a new girlfriend and Sandra was involved with a married man named Mark, which in my opinion speaks to her character or lack thereof.  Kevin decided to take life insurance out on himself making his two children the beneficiaries.  He told Sandra about this policy..

On June 22, 2007, Sandra calls Kevin asking for money to help pay a bill and that she needed help to fix her car.  They get into a fight over the phone.  After they hang up, Sandra calls the police.  She then proceeds to go over to Kevin’s house, with her youngest daughter in the car.  If you are fearful for your life, would you go confront the person you are fearful of with your daughter? 

Because Kevin’s grandma lived next door, the child was left there.  While at Kevin’s grandma’s house, Sandra takes the phone into the bathroom and makes a private phone call.  Sandra then, willingly goes over to Kevin’s house.  While at Kevin’s house, he agrees to pay her bill but tells her she should get Mark, her current boyfriend (who is married), to fix her car.  She leaves mad before Kevin gives her any money for her bill.  She leaves after retrieving her daughter.

Kevin decides to follow her home to give her the money for the bill and to try and calm her down.  He finds her parked at the top of Reservoir Hill on the way to her house.  When she sees that Kevin is coming up the hill, she accelerates her vehicle in reverse blocking Kevin in the street, slams on the brakes and jumps out of her vehicle.  Mark is also there.  Kevin doesn’t know what Mark looks like so he doesn’t realize that this is the person that Sandra has been seeing.  Kevin even asks the question, “Who is this?” 

Mark does not live anywhere near that neighborhood but for some reason he is there.  Why IS Mark there? 

Kevin, who is forced to park his vehicle, gets out of his suburban to talk with Sandra.  The neighbor lady yells out the window for Kevin to move his car and to take their nonsense elsewhere.  Seeing someone he doesn’t know who is acting odd, Kevin tells Sandra to get back into her car and starts to follow her back to her car to ensure she is safe before moving his vehicle.  Their daughter is sitting in the car waiting on her. He also sees another man there.

But it is Mark that is there acting strangely, spastically and he has a gun.  How do we know this?  Because both Sandra and the neighbor whose house they were parked in front of both testified to the fact that Mark had a gun in his hand. 

Kevin sees the gun and instead of immediately moving his car, he goes to the passenger side of his vehicle to retrieve the gun he has there under the seat.  Fearing for his life and the safety of Sandra and their daughter, he shoots in Mark’s general direction, under his arm, without really looking to see where he is shooting.  He is operating out of pure fear for his own life and the lives of Sandra and his daughter.

No one – not the neighbor, not Sandra, nor Kevin’s daughter sees that actually shooting take place.  No one sees that Mark had raised his gun at Kevin – no one but Kevin.  Mark is shot in the foot, thigh, butt, and shoulder.   Think about that for a minute.  He is shot in the front of the foot and thigh, the back of his butt, and then the front of his shoulder.  How is this even physically possible?  If you are shooting to kill on purpose, wouldn’t you aim at a person’s heart or head? 

Mark drops to the ground and eventually dies from the wounds he received. Kevin carried a gun in his vehicle because of the nature of his job and because of the fact that he always had expensive music equipment in his suburban. He didn’t approach anyone with his gun.  But Mark did. 

During the entire time he was in contact with Kevin, Mark had a gun in his hand.  Wouldn’t that feel threatening to you?

Kevin does not flee the scene.  He begs Mark not to die.  He fully cooperates with the police when they arrive.  Kevin’s version of the events has never changed.  He has consistently said that he was acting in self-defense and was afraid for his life when he shot towards Mark.  He didn’t even know who Mark was when he shot him having never seen him before.

During Kevin’s trial, Sandra had many inconsistencies in her testimony.  She claims Kevin was begging her to come back to him.  Kevin says that was never the case.  He was happy with his current girlfriend and other than the children, really didn’t want anything to do with Sandra after they broke up. 

He was familiar with Mark’s vehicle because he had seen it parked in Sandra’s driveway when he dropped off the kids and he knew she was seeing a married man because the kids had told him.  But Mark did not drive his own vehicle that day to Reservoir Hill; so Kevin had no idea who this stranger was that was approaching him with a gun acting strangely.  Mark borrowed his uncle’s vehicle who just happens to be a Tulsa police officer.  Unbeknownst to Kevin, Mark also borrowed his uncle’s gun.  Kevin saw another man there before the police arrived and it was Mark's Uncle, the police officer but Mark's Uncle claims he wasn't there and didn't arrive until later. 

Why did Mark drive a borrowed vehicle and carry a borrowed gun to the top of Reservoir Hill that day?  Mark made sure that Kevin would not be able to identify him by his vehicle.  Why was Mark even there?  He did not live in that neighborhood and had no reason to be there.  These questions have never been answered.

Kevin now knows that the phone call Sandra made at his grandmother’s house in the bathroom was to Mark.  She has admitted to that.  He suspects that Sandra was going to have Mark get in an altercation with Kevin and kill him so she would get the life insurance money as the caretaker of their two children.  People have done this for centuries for a lot less.  However a jury decided to believe Sandra’s testimony that Kevin had made statements that he would kill that MF and that he wanted to reunite with her and therefore concluded that he had premeditated Mark’s murder.  They believed a woman who was seeing a married man and was inconsistent in her testimony over Kevin acting in self-defense.  At the trial they turned Kevin into a monster.  Kevin was told that he should not take the stand so he never got to share his side of the events.  His grandmother and aunt, who were at the house that day, also never got to take the stand.  Sandra’s inconsistencies were barely brought to light during the trial.  The jury found Kevin guilty of first degree murdered and he received life for this.  He is not even eligible for parole until 2045.  Meanwhile, the person who really was conspiring to kill is walking freely amongst you.  Please get involved and learn more at www.Justice4Kevin.com.

No one should have their life taken from them because they are trying to protect themselves, acting in self-defense.  As his lawyer noted in his closing remarks, had someone approached a police officer with a gun and never removed it out of their hands, the officer would have shot the person holding the gun, fearing for their own life and safety.  Why should we expect anyone to do any less?  At any time Mark could have gotten in his car and left but instead he chose to stay there, gun in hand.  Anyone would take that as a threat.  It is time Kevin gets a re-trial and he is able to share his side of the story.

 



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