NH Supreme Court accepts appeal of accused murderer who wants out on bail; says shooting was self-defense
MANCHESTER, NH – The New Hampshire Supreme Court will take up the appeal of a city man accused of killing another Manchester man in a road-rage incident last October on South Willow Street.
Tyrese Harris, 22, appeared briefly Thursday in Hillsborough County Superior Court Northern District where he entered not guilty pleas to charges of reckless conduct for driving his vehicle, a deadly weapon, recklessly, and one count of falsifying physical evidence for destroying, concealing, or removing the handgun used allegedly to shoot and kill Dzemal Cardakovic, 45, in order to impair its verity or availability in an investigation.
Harris is charged with two alternative counts accusing him of knowingly or recklessly committing second-degree murder in the Oct. 31, 2022, shooting death of Cardakovic.
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Nicolosi said it was not reasonable for Harris to believe Cardakovic, who was unarmed, was about to use deadly force against him or his pregnant girlfriend, who was in the passenger seat.
“To be sure, it is clear that Mr. Cardakovic by trying to open the defendant’s door, spitting on him and grabbing his shirt desired to do more than just talk, and that he intended to engage in some physical altercation with the defendant if he could get him out of the car. He did not, however, punch the defendant in a vital area or attempt to do so,” she wrote.
The immediate case is simply regarding whether he can be held without bail.
As for the larger case:
- That Harris threw something at Cardakovic’s truck raises the issue of whether Harris provoked or initiated the incident. Not smart.
- Apparently, Harris hid or otherwise disposed of the gun. Also not smart.
- The core question, though, is whether some who is enraged and attempting to pull you out of your car poses a deadly threat. I find it hard to believe that a reasonable person would believe that he did not.