D.A.: Thirteen shots isn't self defense

Marqus Hill was known as a man with a temper, a gun and - ironically - a legal permit to carry that weapon.

That proved to be a most unfortunate combination for 18-year-old Irving Santana, one of three teenagers who decided to break into Hill's car on Gale Street in Olney on Sept. 12, 2010.

When the car alarm sounded, Hill, now 29, bolted from his girlfriend's apartment and headed for Santana and his two friends, one of those friends, Luis Acevedo, 18, testified Tuesday.

The confrontation ended with Hill fatally striking Santana with a barrage of 13 bullets.

Whether Hill acted in self-defense or if his actions amounted to a crime will be left to a jury to decide, Philadelphia Municipal Court Judge Patrick F. Dugan said at Hill's preliminary hearing.

He ordered Hill held for trial on counts of murder and possession of an instrument of crime, while the charges of carrying a firearm in public and carrying a firearm without a license were dropped.

Hill, of Hunting Park, is being held without bail because of the murder charge.

This shooting differs from most in Philadelphia in that the shooter had a permit to carry his gun. Hill, a Paratransit employee who worked part time as a private security guard, got his permit in 2009 from Florida.

A concealed-carry agreement between Pennsylvania and Florida allowed Hill to lawfully carry a gun here, according to Philadelphia police - who blasted the law as a dangerous loophole at the time of Hill's arrest.

Hill lost his Philadelphia carry-permit in 2005 after being arrested for attempted murder, aggravated assault and related offenses.

Though those charges were eventually expunged, Hill's appeal to get his permit back in 2008 was denied. The decision led him to erupt at the hearing and he assaulted a police officer, Deputy Philadelphia Police Commissioner William Blackburn told reporters in the aftermath of Santana's slaying.

Hill was found guilty of disorderly conduct for attacking the officer, but that did not prevent him from successfully applying for a Florida carry-permit.

Defense attorney Fortunato N. Perri Jr., said Hill opened fire on Santana because he feared for his life after he thought that one of the three teens who was breaking into his car had a gun.

"I don't think he went too far because under the circumstances, you have to ask what is reasonable?" Perri said after the hearing.

"When you are in fear of your life it's reasonable to use deadly force if you believe that deadly force is going to be used on you," Perri added.

"Thirteen shots? How can that be self-defense?" asked puzzled Assistant District Attorney Brendan O'Malley.

"It's too much, it's too many, and none of these kids was armed," he said, noting that no weapons were found on the victim nor on his two companions.

"He should have called 911," O'Malley said. "He crossed the line when he fired the first shot."