Interesting case of self defense...

[Dunaruna]

Re: Interesting case of self defense...

O/k, but 250 days seems very steep, there must have been mitigating circumstances - surely?<br /><br />We've crossed swords before on the gun issue boom (I've still got bruises!!) and I can't speak for Chris but my thinking is that the answer lies somewhere in the middle of our respective nations policies. We DO have laws that protect victims from prosecution when defending themselves.<br /><br />I agree with wilkins comments regarding murder suspects.<br /><br />Aldo

 

[Boomyal]

Re: Interesting case of self defense...

Originally posted by Dunaruna:<br /> O/k, but 250 days seems very steep, there must have been mitigating circumstances - surely?<br />

No mitigating circumstances Aldo, beyond the fact that New York City is one of the most liberal places on earth. That's why Carpetbagger Hillary chose it to run for the US Senate. Their brand of liberalism, as it pertains to individual rights ie self protection, ad nauseum, is amongst the most virulent in the world. They must have exported it. But as you say, we've been there and suffered the bruises. If there was any 'mitigating circumstances' to give him the maximum allowable, it was because Goetz was white and perps were black.<br /><br />They can't percribe a punishment that was not percribed in law. Theoretically, the gun could have fallen out of Goetz's pocket onto the platform, in front of a Subway Cop and he could have gotten the same sentence.<br /><br />This is one of the reasons that there is a nationwide push for 'right to carry' laws. It is making great headway too.<br /><br />Rereading Wilkins post, I must emphasise that 'assault and battery' does not have to include the physical touching of someone. The mere threat is sufficient and when it comes to the perception of a senior citizen as to the intent of a bunch of thugs, I'd say he was prudent in taking them at their words.

 

[Stratosfied]

Re: Interesting case of self defense...

Around these parts, a 'scene' like the one Wilkin describes would go before the Grand Jury. In most cases I think that if they were told that you FEARED for your life, then they would not prosecute. If they did prosecute and the jury knew that you were afraid for you life or that of your family, with no prior malice towards the perp., then they would aquit.

 

[bbalcer]

Re: Interesting case of self defense...

Unless you live in the community and have further reports, where did it say the older guy was still in detention? He was arrested, but I'd imagine was released pending arraignment or at least the results of the DA's findings. It did say the prosecutor requested secure detention for the pieces of garbage who started the fracas.

 

[samagee]

Re: Interesting case of self defense...

Well, the 64 year old saved someone some heart ache later. That kid could have grown up to be the next major crook on the news. Maybe the others will learn something from this. Perhaps, make a living for yourself and leave people alone?

 

[wilkin250r]

Re: Interesting case of self defense...

Originally posted by Boomyal:<br />Rereading Wilkins post, I must emphasise that 'assault and battery' does not have to include the physical touching of someone. The mere threat is sufficient and when it comes to the perception of a senior citizen as to the intent of a bunch of thugs, I'd say he was prudent in taking them at their words.

True, a person can be in honest fear of their life before physical contact is made, but such scenarios usually involve some sort of trespass (into a home, or even a car), or lack of options and/or available help (dark alley). <br /><br />In the scenario I described, the old man should exercise available options before resulting to deadly force. Roll up the window, lock the door, start the car and drive away. Deadly force should not be the first option, it should be the last.<br /><br />Now, if they broke into his car while he was in it (as in the news story), then I would say the old man is in honest fear of his life, but not before that. Before they show some sort of violent action beyond verbal threats, he has too many options to escape without resorting to a gun.<br /><br />In fact, I can't think of any scenario in which mere words would justify use of deadly force. There would have to be some other sort of violent action (such as trespass into a home or car) to give grounds for shooting someone in self defense.

 

[NYMINUTE]

Re: Interesting case of self defense...

Too many laws protecting too many criminals everywhere in our country. Floriduh.... Cudos, nice move Jeb. Wish our leaders? would adopt a policy for Indiana. Here baby killers get light sentences, so thugs are treated to immunity.

 

[rodbolt]

Re: Interesting case of self defense...

wilkins pretty much described the rules governing the use of deadly force. its a last resort if you cannot retreat or by retreating may further endanger you or someone close by. I mean if the wife and kids are waiting in the store ya just cant drive off and leave them.<br /> punks is punks no matter where. I am sorry that a punk lost his life but down south if you approach someone in a vehicle and threaten them you may get shot.

 

[Realgun]

Re: Interesting case of self defense...

To bad he did not shoot all of them. Did he not have enough ammo?