Joel Atkin

On April 25, 2009, Joel Atkin was calling 911 to ask for help when he shot and killed Jayson Sack, who had aggressively approached him. Jayson was drunk, with a blood alcohol content of .14 and hydrocodone at recreational levels.

According to Joel, Jayson had a knife, but the jury did not hear that fact, after his attorney suggested that testifying to that might not help his case.

The 911 tape recording was twenty-five to forty seconds shorter than the actual call. This gap, according to Joel, omitted his claim that Jayson Sack was carrying a knife.

Joel’s lawyer failed to present medical evidence showing the injuries he sustained in the scuffle with Jayson, which showed that he suffered a nasal septum fracture and a possible petechial brain hemorrhage, from suffocation. This would have confirmed testimony from his witnesses that Jayson placed him in a headlock.

Thus in spite of acting in self-defense, Joel was convicted of third degree murder, aggravated assault, and recklessly endangering another person.

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