Case Summary

Commonwealth v. Brad Hornberger – Justification Defense Works

A Lycoming County Jury returned a verdict of not guilty for Mr. Hornberger who was charged with Former Felon in Possession of a Firearm after he is found carrying a shot gun while hunting with his son. With his client facing a mandatory five-year state sentence and a state parole violation, Attorney Kyle Rude presented a justification defense for illegal possession of a firearm. Faced with the decision to knowingly violate the law and his parole conditions or allow a wounded coyote to roam the forest, Mr. Hornberger chose to possess the firearm in an effort to protect other hunters and children after his son wounded a coyote during bow season. The jury decided that Mr. Hornberger was justified in breaking the law in order to avoid the greater danger to society.