NORFOLK
The man charged with murder in a shooting death at the Waterside parking garage last weekend fired in self-defense after seeing a gun on the driver who fought him after a fender bender, a defense lawyer said in court Friday.
Reginald E. Royals Jr., 24, the man accused in the incident that left Juan Carlos Ovalle dead and another man injured, must remain in jail without bond, a judge ruled.
Both the Ovalle and Royals families watched the proceedings in General District Court. Statements from both families painted pictures of the victim and the accused as hard working family men who had never been in trouble until a dispute over scratches on a car led to gunfire.
Royals' lawyer, Jeffrey Swartz, said his client was by himself in the parking garage when his car bumped Ovalle's.
The four people in Ovalle's car all got out, Swartz said. Royals gave his phone number, and someone in Ovalle's car immediately called it to verify it was the correct number. Someone in Ovalle's car took a picture of Royals' license plate, Swartz said.
That's when Ovalle's friend Marcus McGee said Royals "probably doesn't have insurance. He's not going to pay," Swartz said.
"Royals saw the victim had a gun in his pocket. He saw it because he displayed it," Swartz said, reaching toward his waist and motioning as if to hike up his shirt to display his waistband.
All the men headed back to their cars, Swartz said, but then Royals saw Ovalle and McGee coming toward him. The men fought, Swartz said, with Ovalle and McGee striking Royals. That's when Royals reached into his car, got his own gun and started shooting.
Ovalle was fatally shot in the head. McGee was shot several times and had wounds to his chest and a leg. He survived.
Swartz said Royals' car was on the fourth floor of the garage; he had seen police on the second floor on his way up. Royals drove straight to the police, turned himself in, and gave a statement.
"It was only because he was in fear of his life that he pulled a gun and shot," Swartz said. "He cooperated with the police in every way he could."
Prosecutor Val Bowen told Judge Ray Dezern that Ovalle did have a gun when he first got out of his car but had placed it in the console before confronting Royals a second time.
"The victims were unarmed " when they were shot, Bowen said. "It was a fist fight. If he was so afraid, why would he turn his back to go into the car and get a gun?"
Bowen said Royals told police that he believed he saw Ovalle reach for a gun during the fight. McGee did not have a gun, Bowen said.
Bowen told Dezern that police found two holsters and 9 mm cartridges in Royals' car. Police also took a gun from Royals.
Bowen said Royals had no criminal record.
Royals' friends and family members filled two rows of benches in the courtroom. His mother and sister testified as to his character. His sister, Tamara Wilson, said Royals has worked as an electrician with Northrop Grumman for three years, and that his foreman has promised that his job remains available if he is released from jail.
His mother, Jacquelyn Royals, said she taught her children that if they were picked on, to walk away, tell a teacher, tell a principal.
"Reggie, he would run from trouble," she said. "He was never violent."
She said her son graduated from high school in 2002 with an advanced studies degree and was most valuable player in his baseball league. He attended Virginia State University for three years to study electrical engineering but left when his maternal grandmother died.
"I begged Reggie not to drop out of school, but he wanted to drop out to get a job to help me at home," she said.
Michelle Washington, (757) 446-2287, michelle.washington@pilotonline.com
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thanks, joshk_in_vb,
"The common consensus is that you are required to make every effort to leave the situation before resorting to use of deadly force."
That was my original point before we were sidetracked.
Hey now! I happen to know a
Hey now! I happen to know a couple of halfway desent people from Carolina. I don't mind if they visit our state at all...vist only though, lol
Jermflux, Shhhhhhhh
If that idea gets out they'll try it at our southern border! But thanks for the tip.
George
The trick is to impale the squirrel with a stake like Vlad the Impaler and display it among your carrots as a warning to all other invaders. That way one only one squirrel dies so many carrots may live.
Beautiful day today!
Got lots of gardening done. I would like to know is shooting squirrels a form of self defense. They're after my carrots! How long would I have to wait to cap one of those thugs. Do they actually have to have pulled up the carrot first. Or,can I just shoot them out of the tree? They're my carrots. They're my babies! My carrots are me.
Do you think this is some test of your manhood?
Dude, relax. Answer my questions.
I was wrong, too.
I told George K., "I believe that you'd rather drink hemlock than admit when your wrong."
"your wrong". A typo! Man, I hate it when that happens!
I was wrong!
The Florida law was passed in 2005 and was the first. Several other states have followed. I do not recall Virgina doing so.
George K
No, George, there is nothing in the law in Virginia that says when deadly force is authorized. All there is is case law. The common consensus is that you are required to make every effort to leave the situation before resorting to use of deadly force. Unfortunately, this person could not leave the scene without breaking the law by doing so. Without exchanging information and agreeing that the police were not needed by either of them, the other party could have called the police and had the other changed with leaving the scene of an accident. It's kind of a catch-22. The guy might have had a weapon during the first altercation, but he didn't have one at the altercation when he was shot. After seeing the weapon the first time, he should have left and sough out the first available police officer. As it turns out, there was a police officer 2 floors below.
But back to my original point, there is no real law, only case law to cover self-defense.
proud native
Please tell me why Ryan Frederick is jail? He shot in self defense.
Proud native
Do you suppose that there are no codes or statutes that cover the use of deadly force in self defense? You did not prove anything other than relevant codes could not be found using the criterion "self defense deadly force" on the search engine you linked.
This isn't an issue of pride for me. I would like to establish the facts. Maybe somewhere in your law library you can find all the relevant codes that apply to self defense and the use of deadly force and post them here.
It was widely reported that Florida just passed a law allowing for the stand your ground defense and that Texas was the only other state that had a similar law.
Sailing down that Egyptian river...
George K wrote, "I am certainly willing to admit my errors when they are revealed to be errors."
George, denial is not a river in Egypt. I believe that you'd rather drink hemlock than admit when your wrong.
one last comment before i return to my life already in progress
Several years ago in Norfolk, do not remember the names, a man shot another man as he went into the trunk of his car to retrieve his weapon for the expressed purpose of shooting the defendant. The defendant was convicted and sentenced to two years. The judge said he shot too soon. The victim had not yet acquired his weapon. I'm sure the case is in the Pilot archives somewhere.
I hated that verdict too.
That serves to prove it's a matter of interpretation
Isn't that what case law is?
Through the link you provided it was difficult to find any relevant code about self defense, I did find one about the use of martial arts.
Would you please provide a better search word or phrase to brings up anything about deadly force and self defense? Do you suppose there are no statutes concerning self defense?
I am certainly willing to admit my errors when they are revealed to be errors.
It is odd though that the prosecution in the Ryan Frederick case used this argument against his self defense claim, inappropriately I believe, to help railroad Frederick.
A Court Decision 4 U...
George K wrote, "Okay pal,you show all relevant statutes that disprove my contention."
How could I show a statute that says that the statute that you claim exists doesn't exist? It's hard for you to admit that you're wrong, isn't it? I’ll try my best, though…
Here's a decision of the Court Of Appeals of Virginia from 2002 that should interest you, since it states that a person faced with ..."bodily harm, has the right to repel the assault by all the force he deems necessary, and is not compelled to retreat from his assailant, but may, in turn, become the assailant, inflicting bodily wounds until his person is out of danger."
http://www.courts.state.va.us/txtops/1654012.txt
Any suggestions?
Can any members of the bar help us out with this one?
http://leg1.state.va.us/000/src.htm
Code of Virginia search result:
deadly force self defense
Sorry, no references were found.
proud native
Okay pal,you show all relevant statutes that disprove my contention.
Playing Dodgeball
George K wrote, "It's a matter of interpretation......"
Couldn't find the statute, huh? Your lengthy attempt to evade that fact is duly noted.
A key fact is missing here...
A key fact is missing here and I am not surprised the Pilot did not bring it up. Not once was there mentioned of the legality of the gun ownership. Right there is a whole different view of things. Neither was there any mentioned of the gun found in the car or on Ovalle. The pilot is starting to try this case in the paper just like the Police shooting and killing in Chesapeake. First the sad sob story of Ovalle and now the revelations that a gun was part of both sides. Is does not mater what the circumstances are - families will never say anything negative. Besides good employees and others go postal for no apparent reason. Both sides are at fault from what we, the public are told, and the telling is at the whim of the paper. Lets wait till the pilot reports what it wishes from the trail proceedings.
proud native
It's a matter of interpretation , of course if you have no means of protecting yourself other than deadly force a self defense claim is viable, but you have to prove you had no other recourse. Only two states, Texas and Florida, allow for the "stand your ground" self defense justification. There are many variables and multiple statutes covering this issue. I would like to see the VP do an in-depth analysis of these laws and interpretations so as to gain a better understanding of when you can pull a trigger and not face prosecution. Too many people think any sign of danger is just cause to put a cap into someone's vitals.