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Joined: Dec 2005
Posts: 3,009
Campfire Tracker
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Campfire Tracker
Joined: Dec 2005
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Hopefully someone on this guys jury will understand that the world is better place without the robber and the shooter did everyone a favor and vote not guilty.
In my opinion that would be justice. Anyone going around threatening people peacefully conducting their business is a danger to everyone.
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Joined: Sep 2007
Posts: 13,268
Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2007
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Most everywhere I have lived it would come down to the DA and I would say it would be better than 50/50 you would walk with no charge.
Otto is my co-pilot.
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Joined: Dec 2002
Posts: 532
Campfire Regular
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Campfire Regular
Joined: Dec 2002
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Maybe it isn't a Capital offense nowadays but it sure as hell used to be. Check out the history of Northfield, Minnesota. Also, the punishment for stealing cattle, a man's horse, kidnapping, rape, etc. These were all capital offenses until the wussy lawyers started reversing common sense law with their perverted versions of "fairness" concerning what can and should happen to criminals and issuing hunting rules regarding the lawfullness of the way in which you are allowed prevent crime, punish offenders, protect yourself, and recover what is rightfully yours. It's high time we as the governed changed things back to the way things used to be. A good start would be to make it unlawful for any member of the justice system to run for election or to be appointed to any legislative or executive position in government and thereby maintaining the divisions of governmental power and authority/jurisdiction as delineated in the Constitution. Sooner or later this has got to happen as the "Law" gets more unfair, insane, and ridiculous every day.
Flower Child
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Joined: Nov 2003
Posts: 67,810 Likes: 11
Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2003
Posts: 67,810 Likes: 11 |
you can't shoot someone who is no longer a threat. If he runs, he 'walks'. That has been the decision in a number of cases, most recently that of the pharmacist that was robbed.
Sam......
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Campfire Tracker
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Campfire Tracker
Joined: Aug 2009
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Where was the robber running to? Was he running for a gun? Running to get to a better spot to attack again? Running to get buddies to come and attack again? All have assumed he was running to get away from guy with gun and stay away? Who knows his real intent was?
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Joined: Nov 2003
Posts: 67,810 Likes: 11
Campfire Kahuna
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Campfire Kahuna
Joined: Nov 2003
Posts: 67,810 Likes: 11 |
and that's why we go to court. let me add though, that in my oh so humble opinion, if a person commits a crime, if he uses a gun to rob, burgle or the like, then anything and everything that happens subsequent to that should be HIS fault. If someone shoots and kills him, oh well...........
Last edited by Mannlicher; 08/31/11.
Sam......
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2005
Posts: 57,494 |
Like I said read the Texas penal codes 9.41 thru 9.44 . If you don't believe that read about the Joe Horn shooting incident in Pasadena Tx a couple of years ago.He killed two guys who burgularized his neighbors house while he was on the phone with the police and was nobilled end of the story. If the law was cut and dry, it wouldn't even go to grand jury then.
We can keep Larry Root and all his idiotic blabber and user names on here, but we can't get Ralph back..... Whiskey Tango Foxtrot, over....
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
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I believe the law is pretty clear on this in most states. Once the threat is over, you can't shoot just because you are mad or to regain property. Now if the victim shot while the guy was facing him with the sharp object, it would be a different situation.
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Joined: Jan 2006
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Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
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and that's why we go to court. let me add though, that in my oh so humble opinion, if a person commits a crime, if he uses a gun to rob, burgle or the like, then anything and everything that happens subsequent to that should be HIS fault. If someone shoots and kills him, oh well........... Sam, perhaps we agree on this one. However, I do think the perp needs to be in the victim's house or a confined space; the victim can not just run down the street shooting at the perp.
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Joined: Dec 2000
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
Like I said read the Texas penal codes 9.41 thru 9.44 . If you don't believe that read about the Joe Horn shooting incident in Pasadena Tx a couple of years ago.He killed two guys who burgularized his neighbors house while he was on the phone with the police and was nobilled end of the story. Like I said above, Texas is way out in front in their laws on this one. But, please note, this did not go down in Texas and as far as I know there are no other states where this would be justified. If the information in the OP is true and that is what the DA and the jury will see then this guy is going away for a while.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Joined: Dec 2000
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
In Washington this would not have been a good shooting unless the robber was equally or greater armed and the victim had retreated as far as he could go. It is not enough here to be confronted face to face with a robber who is armed. You as the victim must retreat and try to get away.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Joined: Aug 2007
Posts: 1,825
Campfire Regular
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Campfire Regular
Joined: Aug 2007
Posts: 1,825 |
Cat approaches you with a lethal weapon and robs you and someone is going to impose some "fair fight" fantasy on you? You can sure tell that we have a shortage of people who have ever actually been in a serious fight.
I know that the limp-wristed have made this the law of the land (mostly), but if someone has threatened your life and stolen a portion of your livelihood then his is forfeit at the first opportunity. Screw a bunch of fair-fight bullcrap.
Have a good day man. In honor of personal freedom and the open squirrel season, I think I'll go put a hole through dinner's head.
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Campfire Tracker
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Campfire Tracker
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If i was on the Jury it would be not guilty. Exactly If more people committing violent crimes were shot/killed than the next guy might think twice about doing a similar thing. Give the shooter a medal and a small reward as far as I'm concerned.
Life is just one damned thing after another
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Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2001
Posts: 59,180 Likes: 3 |
Reminds me of some of the best legal advice I ever read. If you ever need to defend yourself in any way, tell the authorities ONLY that you were the victim of a crime and feared for your life... Exactly... When the bad guy turned and ran the danger was over This statement makes no sense. What about the danger of not paying his bills or not geting food for his kids? Do you think the power company cares why you don't have any money? I see it as a totally righteous shoot. And in a majority of states, you'd be wrong - then convicted and sent to prison.. Armed robbery is not a capital crime in any jurisdiction. The guy is in front of you with a weapon demanding money...cap him on the spot in the front.
Guy is running away? You better tackle him because it's not self defense anymore. Exactly...
Ex- USN (SS) '66-'69 Pro-Constitution. LET'S GO BRANDON!!!
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Joined: Dec 2000
Posts: 39,301
Campfire 'Bwana
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Campfire 'Bwana
Joined: Dec 2000
Posts: 39,301 |
While I agree with you the law does not. It is your choice in a face to face, judged by 12 or carried my 6. But in most states except for Texas you will be judged by 6. It is the law.
Shooting a fleeing robber in the back of the head who only showed something sharp will get you time away from home. Count on it.
The first time I shot myself in the head...
Meniere's Sucks Big Time!!!
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Joined: Oct 2010
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Campfire Regular
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Campfire Regular
Joined: Oct 2010
Posts: 1,265 |
I hope he has a good Lawyer,and a Jury like Casey Anthony's
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Posts: 13,860
Campfire Outfitter
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Campfire Outfitter
Joined: Sep 2009
Posts: 13,860 |
My heart would be with him but if I had to serve on his jury in this state and the evidence came out just like in the story I would have to find him guilty. Not sure of the laws there but here it is an open and shut thing. It was a bad shoot. You are a puss.
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Joined: Jun 2002
Posts: 132,008 Likes: 59
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 132,008 Likes: 59 |
Not self-defense, but if that's the only way to stop a robber, I think the law should permit it. Property is a very fundamental right. Seems that in a case like this where a robber, who used credible deadly force threats to accomplish a larceny, and is killed at some point after the robbery, but while still in "the heat" of the felonious act, and when no other action will stop the robber from absconding with the ill gotten goods, an exception ought to be codified in law.
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Joined: Nov 2007
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2007
Posts: 19,722 |
Ah he should have used a crossbow!
NRA Lifetime Member
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 132,008 Likes: 59 |
Reminds me of some of the best legal advice I ever read. If you ever need to defend yourself in any way, tell the authorities ONLY that you were the victim of a crime and feared for your life. Anything beyond that will be forthcoming AFTER you retain an attorney.
Even if the LEOs on scene appear to be "on your side", you never know how they really feel or how a potential prosecutor may view your story. Absolutely. Just "I was the victim of a crime and feared for my life." That's it till you've spoken to your attorney.
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