http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--taxishooting0301mar01,0,7518426.story?

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Guilty plea in taxi passenger shooting
March 1, 2005
NEW HAVEN, Conn. -- A former cab driver has pleaded guilty to a weapons charge for fatally shooting a passenger who had slashed his throat with scissors during a robbery.

The case of John Lutters, 46, of Seymour, had reached the State Supreme Court after a judge ruled that the taxi driver did not need a gun permit while on the job.
The prosecution had acknowledged that Lutters acted in self-defense and called the killing justified, but continued to pursue the weapon charge.

Lutters avoided having to serve any prison time, according to the terms of the plea bargain agreement. He will be on conditional discharge for two years, under the sentence imposed Monday by Superior Court Judge David Gold.

"What this case stands for is that you need to have a permit to carry a weapon when you are in the public sphere," prosecutor Jack Doyle said. "The law is to protect the public from individuals carrying weapons without the proper training or without permits to carry them."

The shooting happened about 11 p.m. June 15, 2001, when Lutters was driving a cab in New Haven for Metro Taxi Co. Inc.

Lutters told investigators that he shot his assailant, Travis Hazelwood, in self-defense, after Hazelwood put scissors to his neck and tried to rob him. Lutters, who suffered a neck wound, drove away from the scene.

In 2002, Superior Court Judge Lubbie Harper Jr. dismissed the count of carrying a pistol without a permit. Harper ruled that Lutters didn't need a permit to carry a weapon in his cab because state statute provides exemptions for people's homes and businesses.

Prosecutors appealed Harper's ruling to the state Supreme Court, claiming it set a bad precedent, allowing anyone, from street vendors to traveling salespersons to limousine drivers, to carry weapons in vehicles without first obtaining permits.

The Supreme Court in July 2004 overturned Harper's decision to dismiss the weapon charge.