Military Camp

[UPDATED] Seeking perspective on a situation my neighbor is going through...

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  • Neighbor was charged for drawing a firearm. Looking for perspective.

    • The aggravated assault with a deadly weapon charge was appropriate.

      Votes: 10 32.3%
    • Drawing his gun would have been fine, had he not pointed it at the husband.

      Votes: 6 19.4%
    • It was complete self defense and he should not had been charged.

      Votes: 15 48.4%

    • Total voters
      31

    JColumbus

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    Favor: Please don't respond if you're not going to read the details. Him chasing her down is not the point of this thread. I'm seeking perspective on the drawing of his weapon. Thanks.

    Ok, so fist of all, thank you to those of you who will read this and give honest input. I appreciate it.

    So the neighbor across from me, a 21 year old fellow, just got charged with second degree aggravated assault with a deadly weapon. I spoke to his wife, and my take on the situation is that he, excuse the pun, jumped the gun. My opinion is that he messed up and will likely get his rights taken away. Before I tell the story on what happened, I'd like to preface it by telling you who he is.

    This 21 year old guy is a hispanic kid named Oscar. He live with his parents and has a wife and one child. He's one of the most well put together and mature guys I've met in his age group. He runs his own business, which is a pretty good success, doesn't go out and party, doesn't hang out with dumb kids his age, and is overall just a normal, respectable guy like the rest of us. For his age, these day, that's saying a lot.

    Gonna try to make this short, while including all pertinent details. So some lady hit his car and tried to take off. He was with his dad and they chased her down and somehow got her to stop and stay put until the cops came. Cops were called and while waiting, the husband shows up and immediately starts yelling and being belligerent. I suppose he was pissed off that they followed his wife and got her to stay put. After about 20 minutes of this guy acting that way, his wife and mother show up. His wife is who told me all of this, cause he's in jail. So the husband starts pacing around, saying "I'm gonna kick your ass", while his father is telling the husband something along the lines of "you need to calm down, that's my son, don't talk to my son like that". After stating that, I was told that he did step forward, although still about 10 ft away, and this time, yelling he's going to kick their asses, all while smashing his fist into his hand. Because of the step forward, Carlos pulls his Glock and points it at the gay and apparently told him don't come any closer. To which the husband responds, "I aint frade uh no gun". So anyway, that actually calmed the guys down and he put the gun away and the cops show up.

    NOW, initially, beFORE the cops showed up, Carlos called them to report what he did. The dispatcher on the line, and later, the cops who did show up, told him they took that to be an action of self defense. As they are exchanging insurance, apparently an officer talked to his superior or the DA (I have no clue who), or someone who makes decisions, and decides to arrest Carlos for the listed charge.

    Whether or not he was right to chase her down and get her to stay put, isn't the point. My aim is to gain understanding and perspective, but also to council him better when he inevitably talks to me about it.

    MY take on this, and I did share this with his wife, was that I could understand if he pulled the gun out with it pointed at the ground, warning the husband to stay back, but that I don't agree that was the time to pull it out and point it at him. I told her that I probably wouldn't had drawn my weapon at all, at that point. From what she told me, it seemed like he was just acting threatening, out of anger and although stating threats, didn't have enough of an advancement and didn't raise his fist, and therefore didn't warrant the use of deadly force. I told her that I believed that the "assault" came from pointing the weapon at the husband and that Carlos should only ever point the gun at someone if he intends to shoot them, due a clear and present danger to his, or his families life, and that what the husband did just wasn't that.

    SO, was I right in giving her that perspective?

    Would it had been ok for him to draw, had he kept it point at the ground?

    Was he even in the right to draw, at all, even if he DID keep it pointed at the ground?

    Was the key difference being that the husband did not raise his fist and if he had, would that had warranted pointing the gun AT him?

    I'm gonna include a poll, for those who don't really want to give their perspective, but are open to leaving an opinion.



    BY THE WAY, the wife was not ticketed or charged with any kind of fleeing the accident, or anything like that. From what I was told, she blamed it on Carlos, but did admit to leaving the scene. Why flee the scene if it wasn't your fault?



    I wasn't there, so I tried to be as fair as possible, but I told her to take my opinion with a grain of salt.



    Furthermore, as to the charge, for anyone who wants to and knows enough to get this deep into it; What are the odds of him being able to plead down to something that allows him to keep his gun rights? What are the odds of him beating this charge? Should he plea, or go to trial?



    Alright, well, as usual, looking forward to seeing what you all have to say about this. Thank you for any and all input and I hope everyone is having a great week. God bless you all and your families.
    Military Camp
     
    Last edited:

    Fishkiller

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    Well i am not a lawyer so this don't count. But you meet intended force in kind. meaning if your life is in jeopardy you can return deadly force. However if it is not deadly force, guy says he is going to punch you then you punch him back. Return intended force with like force. So from your story your neighbor kinda messed up. He needs a good lawyer.
     

    JColumbus

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    Well i am not a lawyer so this don't count. But you meet intended force in kind. meaning if your life is in jeopardy you can return deadly force. However if it is not deadly force, guy says he is going to punch you then you punch him back. Return intended force with like force. So from your story your neighbor kinda messed up. He needs a good lawyer.

    I agree with you completely.
     

    Axxe55

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    After reading the story, and I'm no lawyer, and didn't stay in a Holiday Inn either, but a good lawyer should be able to get him off. I don't see his actions as being much different that what many people would have done in the same situation.

    I'm floored the woman wasn't charged or ticketed for her violations.

    Honestly, it really sounds like a BS charge.
     

    JColumbus

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    After reading the story, and I'm no lawyer, and didn't stay in a Holiday Inn either, but a good lawyer should be able to get him off. I don't see his actions as being much different that what many people would have done in the same situation.

    I'm floored the woman wasn't charged or ticketed for her violations.

    Honestly, it really sounds like a BS charge.

    I do think the charge is too much for what happened. Yea when I heard she got off I was pretty angry too. Get this, they're making a claim on the their insurance too.

    Does he have a lawyer? I am not sure he should plea to a lesser charge. They may drop the charge if challenged .

    Ridiculous that she isnt getting charged for leaving the scene of an accident. Is this in one of the big cities?

    They got a lawyer. Not sure how good he is. If it means anything, they paid 6 grand for him and have to pay more if it goes to trial but the lawyer said 95% percent of the time these types of cases won't go to trial. Don't know if that means he's confident he'll get off.

    This is in El Paso. And yea, she got away with a hit and run.
     

    jrbfishn

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    Chasing the woman down was one thing. I probably would have stopped once I had enough to identify her to the police and let them handle it from there. When the husband showed up, both him and his dad should have got back in their vehicle and kept their mouths shut. Let the woman and husband do and say what they want to. The woman and her husband not being charged is bullshit, plain and simple.
    Young man needs to shut the **** up and get an attorney.

    Sent from my SM-S906U using Tapatalk
     

    Dawico

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    Not a lawyer or even close, but even if Carlos had shot the husband he would be sleeping in his own bed if I was in charge of such things.

    The husband was making threats and advanced. All I need to know.

    "I was afraid for my life."

    They had every right to chase her down too in my opinion.

    He does need the best lawyer money can buy though. These things tend to go sideways without good representation.
     

    JColumbus

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    Chasing the woman down was one thing. I probably would have stopped once I had enough to identify her to the police and let them handle it from there. When the husband showed up, both him and his dad should have got back in their vehicle and kept their mouths shut. Let the woman and husband do and say what they want to. The woman and her husband not being charged is bullshit, plain and simple.
    Young man needs to shut the **** up and get an attorney.

    Sent from my SM-S906U using Tapatalk

    The wife is extremely pissed off about that factor, that the dad kept responding to the husband. She said they all kept telling him to chill out but wouldn't. Surprisingly, it was Oscar who was calm and ignoring the guy.
     

    karlac

    Lately too damn busy to have Gone fishin' ...
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    Moral: If you're going to carry these days, you better factor in woke prosecutors.
    Saves the ride, and the money that goes with it.

    IMO, your friend made too many ill advised moves not to beat the ride in today's climate..
     
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