Interesting case of self defense...

eeboater

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In my opinion, why the heck this the police hold him for 2 days?! Why the heck did HE get arrested?! What would have happened if the guys beat the guy to death? What was he supposed to do? he was getting beaten up, an older guy --- was he not supposed to defend himself?<br /><br />If I was in his shoes you better believe I'd be reaching across for that gun to save my life. <br /><br />He's not getting charged but you would think the police officers would have the common sense not to arrest him for 2 DAYS!!<br /><br />Sean<br /><br /><br /> http://www.jsonline.com/news/metro/apr05/315458.asp <br /><br />Joyride ends in fatal shooting<br />Man claims he fired weapon in self-defense<br />By MARY ZAHN<br />mzahn@journalsentinel.com<br />Posted: April 4, 2005<br /><br />Four juveniles could face homicide charges after a joyride in a family van ended in the fatal shooting of their cousin in a Milwaukee gas station parking lot, according to a hearing in Milwaukee County Children's Court Monday.<br />Advertisement<br />Wisconsin's Largest Lighting Showroom!<br /><br />Kendell L. Moss, 20, of Racine died early Sunday, allegedly after trying to rob a 64-year-old man from Arkansas who had stopped at the gas station to ask directions, records show. After being punched and kicked, the man pulled a .44-caliber revolver from under the driver's seat of his car and shot Moss in the head, according to police reports.<br /><br />"I don't have no money, I'm sick and just got out of the hospital," one of the juveniles quoted the elderly man as saying before he pulled out the gun.<br /><br />The juveniles - three 16-year-olds and one aged 13, all of whom were unarmed - initially ran from the immediate area of the shooting but quickly returned to see if Moss was alive.<br /><br />One of them gently picked up Moss' hand and started crying.<br /><br />That same juvenile called 911 on his cell phone and then ran to another young man in the area who had witnessed the incident and yelled, "Hey, Hey! You got a cannon so I can air him out?"<br /><br />The witness took that to mean that the juvenile was looking for a gun to shoot the motorist, who had fled into the gas station to wait for police, records show.<br />Drove to Milwaukee<br /><br />According to police reports:<br /><br />Moss and the juveniles drove to Milwaukee early Sunday and were looking for a place to purchase food. When the van they were in broke down near the gas station at N. 13th St. and W. North Ave., they hailed a cab driver in the area and were told a ride to Racine would cost $60.<br /><br />All of the juveniles, at least three of whom have prior records, gave slightly different accounts of what happened after that, but all said they had no plans to rob anyone. They told police that Moss ended up in a confrontation with the elderly man who was seated in his van. However, one witness said he saw three of the juveniles running toward the man's van, with two others lagging behind.<br /><br />The district attorney's office has until Wednesday to decide whether the juveniles will be charged with felony murder. Court Commissioner Julia Vosper ordered that they be held in secure detention. The 64-year-old man also was placed under arrest after the shooting, and his case was referred to the district attorney's office, Milwaukee Deputy Police Chief Brian O'Keefe said Monday morning during a news briefing.
 

Stratosfied

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Re: Interesting case of self defense...

I don't understand, One shot, one kill,,oh well, another thug gone.
 

eeboater

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Re: Interesting case of self defense...

Originally posted by Stratosfied:<br /> I don't understand, One shot, one kill,,oh well, another thug gone.
Now THAT was funny!!!! :D :D :D :D :D
 

Stratosfied

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Re: Interesting case of self defense...

It amazes me when a law abibing citzen PROTECTS himself or his property, and a thug gets capped, it seems to be to the fault of the law abider. He deserves a medal, as he saved the state untold thousands to house/feed/Doctor, this person.
 

62_Kiwi

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Re: Interesting case of self defense...

<br />After being punched and kicked, the man pulled a .44-caliber revolver...<br />
That'll teach 'em...
 

tylerin

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Re: Interesting case of self defense...

I hope he got to "spit some Beachnut in that dudes eye" before he got a shot off :p
 

eeboater

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Re: Interesting case of self defense...

Yeah drove me nuts when I heard about it too. Another case FOR concealed carry. A couple more thugs with their 27 IQ brains blown out I'd wager crime would drop.<br /><br />Sean
 

ehenry

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Re: Interesting case of self defense...

FLorida has made it leagal to use deadly force in self defense on the street if you fear for your life or ffear great bodily harm. <br /><br />They passed that one today ! !
 

aspeck

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Re: Interesting case of self defense...

Gotta give Florida credit - they just passed their right-to-protect law. Now you don't have to run first, if you feel threatened with eminent danger in you car, in your home, or at your workplace you can draw, warn, and fire. If this had happened there the old man would be out of jail with no problem.
 

eeboater

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Re: Interesting case of self defense...

Here's a read on that Florida Law <br /><br /> http://news.yahoo.com/news?tmpl=story&u=/afp/20050406/ts_alt_afp/uscrimeguns_050406201103 <br /><br />Florida eyes allowing residents to open fire whenever they see threat<br /><br />1 hour, 41 minutes ago<br /> <br />Add to My Yahoo! U.S. National - AFP<br /><br />MIAMI (AFP) - Florida's legislature has approved a bill that would give residents the right to open fire against anyone they perceive as a threat in public, instead of having to try to avoid a conflict as under prevailing law.<br /><br />Photo<br />AFP/File Photo<br /><br /> <br /><br />Outraged opponents say the law will encourage Floridians to open fire first and ask questions later, fostering a sort of statewide Wild West shootout mentality. Supporters argue that criminals will think twice if they believe they are likely to be promptly shot when they assault someone.<br /><br />Republican Governor Jeb Bush, who has said he plans to sign the bill, says it is "a good, commonsense, anti-crime issue."<br /><br />Current state law allows residents to "shoot to kill if their property, such as their home or car, is invaded by an unknown assailant."<br /><br />But it also states that if a resident is confronted or threatened in a public place, he or she must first try to avoid the confrontation or flee before taking any violent step in self defense against an assailant.<br /><br />The bill, supported by the influential National Rifle Association, was approved by both houses of the Republican-run legislature on Tuesday.
 

Fly Rod

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Re: Interesting case of self defense...

:) I think the eldely feller was justified!!! ;) <br /><br />Rack one up for the armed citizen!!!! :D :D <br /><br />And what I can see about Florida,if the legal citizen isn't packing, he's a dead man!!!!<br /><br />You turn on the florida news and all you hear is about murder!! murder!!!! Someone being stab or shot!!!! I'm surprised that they have time to talk about the weather and sports!!!! ;) :cool:
 

wilkin250r

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Re: Interesting case of self defense...

Murder is serious business, I don't think anybody is going to argue that.<br /><br />Let me paint a hypothetical scenario for you. Let's say this old man is approached by three teenagers, they argue, and threaten bodily harm (we'll kick your ***, old man). At this point, the man is unharmed, and they have not gained entrance into his vehicle, but have merely verbally threatened him. Suddenly, the man opens fire, killing one of them.<br /><br />In the above scenario, I would say the old man should be charged with murder. Until they physically attack him, or gain entrance into his vehicle, he does not have grounds to use deadly force. I don't think anybody could argue that their life was in peril based on verbal attack.<br /><br />Granted, that is not what has happened here, but it was clear that the man shot and killed somebody else. The police HAVE to take him into custody on suspicion of murder, until investigation proves otherwise. Unfortunately, investigation for charges as serious as murder isn't going to happen within an hour. Two days sounds about right. Quite frankly, he's lucky that it was only two days. The police could have very easily charged him with murder and let the courts clear it later on.
 

Fly Rod

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Re: Interesting case of self defense...

:) Depends in what state you are in!!!<br /><br />Remember the subway vigilante in New york City!!!<br /><br />The thugs had a screw driver when they tried to rob a fella named Ketz!!! Ketz went to jail because he shot one in the back and the thug lived!!! If I were on that jury he would have not gone to jail!!!! ;) :cool:
 

rodbolt

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Re: Interesting case of self defense...

and that is why most farmers in texas are armed. carjackings in the big city happen, in the country the thugs think a bit. if there are two long arms in the back glass try to guess whats on his waist or on the seat or under it. theives thugs and bums only pick on the weak,defensless and unarmed. I am truly saddened that a kid lost his life and a 64 yr old has to live with the fact he did it. no winners here.however I do the the state owes him for the ammunition :) :) . some times ya just cant run. however the use of deadly force is usually adrenalin driven and usually results in an incorrect decision.
 

achris

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Re: Interesting case of self defense...

I thought the second amendment gave you the right to bear arms, not to kill at will..... When will you guys learn that this sort of legislation will end up in an escalation, not decrease, of gun related deaths?
 

Boomyal

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Re: Interesting case of self defense...

Regardless of what my beloved cousins think of us barbarian Yanks, the use of a firearm to protect against a reasonable person's perception of possible bodily harm (or worse) is perfectly legal in these NewNinted States.<br /><br />Contrary to common belief, Bernard Goetz was not convicted of shooting the filthy slime, he was convicted, believe it or not;<br /><br /> "Three years after the shooting, Goetz, a 39-year-old electronics specialist, was acquitted of attempted murder and assault, but was convicted of criminal possession of an unlicensed weapon and spent 250 days in jail."<br /> <br /><br />There must of been too many people from the Commonwealth on that jury. ;) <br /><br />OR<br /><br />At least that's the Big Apple for ya! They didn't bother to tell you that New York made it impossible to license a weapon.<br /><br />So now I ask you, would you rather have a screw driver sticking out of your body somewhere or do 250 days while they lower the slime back into Mother Earth, where he came from?
 

Dunaruna

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Re: Interesting case of self defense...

Does the jury set the sentence or the judge? <br /><br />Aldo
 

Boomyal

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Re: Interesting case of self defense...

Originally posted by Dunaruna:<br /> Does the jury set the sentence or the judge? <br /><br />Aldo
Aldo, most offenses have a range of possible sentences stated in the statute. (set forth by the legislature). The jury may have some say within the perscribed range.
 
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