Retro crime......

Each year it seems a "new" thing comes back to live again in retro splendor. This past week, the charge of murder by dueling has returned after lying dormant in West Virginia for decades. Steven Simpson, 47 of Gilliam Bottom WV, had been arrested after the April 20th shooting of Dana Martin, 39 on the charge of possession of a firearm by a felon and was out on bond when he was arrested again this week, this time for the charge of murder by dueling.
This all stemmed reportedly, from an argument between the two men that may have been sparked by Simpson's annoyance of Martin, who driving his ATV repeatedly past that residence while helping a woman move. At it's conclusion, one man is dead from his injury and the other faces a rare felony charge that could mean life in prison.

"We've had shoot-out cases, but I can't recall one quite like this where there was an argument, then the people seperated and came back to the very same location, each knowing the other had a gun." stated prosecutor Sid Bell.

The image that may come to your mind quickest is of two gunfighters squareing off on a dusty western street, hands hovering near their holsters and everyone else hiding behind the saloon doors. While this may be the popular image from the big screen, dueling has it's roots much further back in history. Duels existed from the 15th century onwards as a consensual fight to redress a perceived loss of honor by an individual, fought with swords and then by pistols when they were developed. Almost all countries now have made duels illegal as had most of the states in America by the mid eighteen hundreds beginning with the District of Columbia in 1839.

"Each man shot a bullet and gave his adversary a chance to demonstrate that he did not fear death; honor was more important than life." wrote Kenneth Greenberg, author of "Honor & Slavery."


Probably the most famous case involving a duel in America involved Aaron Burr and Alexander Hamilton in which Burr challenged Hamilton to a duel for the purpose of regaining his honor. Despite it being well known that it had been a duel and dueling was not actually legal, Burr only faced a misdemeanor charge for dueling and a murder charge by the state of New Jersey never went to trial.
Dueling in West Virginia is a felony charge carrying the possibility of life in prison while refusing to duel is a misdemeanor with a penelty of not more than six months in jail or a fine not exceeding $100. An indivdual could use the law still in existance of facing disqualification from office within the state if they have participated in a duel in any manner, thus saving their honor and possibly their life.
Two shots were fired, one man is dead and this case will most probably be handled now by dueling lawyers in a courtroom, in a state that still has several dueling laws still on their books........ laws that reside there mostly forgotten in these modern times. I do have to question not only why a law that prohibits "whistling underwater" was first written in that state but also, why it is still illegal to do so there.