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Discussion in 'News Articles' started by busykngt, Aug 18, 2019.
The words or the physical assault?
The assault? The boyfriend IMHO.
Was it justification? The jury will decide that, at least temporarily.
I wouldnt have shot the guy for just that. I am pretty crippled and I wouldnt even draw for being pushed down, for many reasons but to start you need your hands if the guy immediately trys to kick so you can defend your head but also get up or in some defensive position so you can draw. Boots to the head will kill you and then you're clearly justified. I wouldnt be in this position because as crotchety as I am I wont stop to argue with anyone beyond saying your number one. It's a bad tactical position to begin with...to be standing in front of a window of a car I mean. Besides I dont derive my self worth from the rantings of yapping jackles. In the end that's all people are who Howl insults as you walk aaway are and I bet they wont come up with anything new I havnt heard before.
ETA..everyone with any self awareness will question themselves when they walk away from such incidents. This incident is why you walk away. It's not worth a life, justified in the end or not.
What caused the boyfriend to assault him?
Nothing, legally and he isnt here to say otherwise.
Again there were more appropriate and legal responses IMHO.
Everyone else there testified that while there is yelling and arguing there were no threats. The boyfriend cant testify he saw an actual threat. So rushing out the door and blind siding the old guy initiated the assault.
Weather the defense can clearly get that across to the jury and they buy it is the question.
It should be noted this guys being an ars probably limit the experts who would testify for him. Something else to consider for your self.
So, the shooter was standing there, minding his own business, and the boyfriend assaulted him for absolutely no reason?
Wish I could give a post more than one like.
Shooter was talking shit to the dead guys girlfriend. If I remember correctly the shooter had a history of playing judge advocate and letting all concerned know he was packing a weapon.
No ofcourse not but were talking justification to use physical force here and the boyfriend had none. He absolutely no legal justification to push the old guy. That doesn't mean most folks would say he would probably benefit from an ars whipping but that is not in anyway justification for running out of the store and blind siding him.
It's hard to understand sometimes that deserve or outta have or any like feelings have very little to do with the legal justification to use physical force or deadly force. That's why you have to control your feelings and not blow up. In the end its Comes down to the elements of the use of force. What they saw and how they reacted. When they would be justified to do something and when they wouldnt be. The laws aren't the same in every state and a whole lot depends on jury instructions, size of your pocketbook in hiring lawyers or experts.
When you carry it's always best to avoid confrontation. If it is brought to you then deal with it but regardless weather this ends up being justified, i.e. acquired at this point or not, there was no reason it had to happen except for the actions of all involved. If they all acted like responsable adults at any point they would have derailed the train.
So, the shooter initiated the mess, correct?
Again, there are two messes:
Mess 1. Shooter gives aggressor's girlfriend grief for parking in a clearly marked handicap parking place.
Mess 2. Boyfriend comes out and immediately pushed shooter hard and to the ground.
3. Shooter draws down on the boyfriend and shoots him
4. Boyfriend dies.
Was the video pulled? Clearly shows all of the above.