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Never bring a stick to a gunfight. A 22-year-old man learned that lesson the hard way after he used a stick to attack a 73-year-old man during an argument. The elderly man, a CCW permit holder, pulled out a gun and shot his attacker in apparent self defense.

The Incident

The incident started when Philip Kiser went out for his customary early morning walk along a canal bank in Fresno, Calif. Fresno Police Chief Jerry Dyer told the Fresno Bee that Kiser usually goes out for his walks to walk his dog and clear up trash in the area. At some point during the walk, Kiser came across a man named Damon Ray Martin.

Dyer said Martin allegedly stays with relatives in the area and sometimes sleeps along the canal. Martin and Kiser have gotten into arguments in the past. This time, however, things escalated.

“There was some type of confrontation or argument,” Dyer told KFSN. “The 22-year-old at some point, according to the victim, grabbed a stick of some sort or a wooden object and struck the 73-year-old.”

CCW Permit Holder Fights Back

The blow from the stick reportedly caused Kiser to fall back and break his leg. It was then that Kiser managed to pull out a handgun and fire off three rounds. Martin was shot in the hip and wrist.

Both Kiser and Martin were transported to area hospitals. Martin is currently in the hospital in critical but stable condition.

Kiser, a former California Department of Corrections officer, is a verified CCW permit holder. Police continue to investigate. Preliminary findings, however, show that Kiser acted in self defense when he pulled the trigger.

“It does appear the 73-year-old was attempting to defend himself and at that point pulled out the firearm in order to so,” Dyer told KFSN.

If Martin hit Kiser with the stick, he’ll likely be charged with assault with a deadly weapon, Dyer said.

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