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Originally Posted by ConradCA
self defense?

Charged with manslaughter after submitting to an interview without benefit of counsel by a Detective George Moffett, who then swore out a criminal complaint on that manslaughter charge.

A member of the Law of Self Defense community alerted me to a news story by the web site Law Enforcement Today (and confirmed by other more recognizable news sites), reporting that Detective Moffett was arrested last week for showing up to a crime scene intoxicated.

And Moffett showed up at the crime scene not just a little intoxicated, either:

[A]fter [Moffett] exited his unmarked detective unit, deputies noticed signs of impairment.

Field deputies noticed the detective smelled like alcohol, had bloodshot eyes and was slurring his speech, the Sheriff’s Office said.

As a result, deputies began a DUI investigation in tandem with the shooting investigation. Moffett performed poorly in field sobriety tests

A breath test taken several hours later indicated a blood-alcohol level of about 0.130, half-again above the 0.08 limit for driving impaired. Naturally this means that Moffett’s actual blood alcohol level at the scene was substantially greater than this measurement.

It is noteworthy that Moffett drove himself to the scene, and was armed at the time.

It is also noteworthy that Moffett has previously been convicted of DUI.


So what?


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Originally Posted by jorgeI
Originally Posted by The_Real_Hawkeye
Originally Posted by Wannabebwana
Dead guy was turned and walking away when he was shot. You can see him hunch his shoulders when he’s got his back to the shooter.

It was a bad shoot, for a lot of reasons.

But the guy on the ground was likely dazed from slamming into the concrete, and his perceptions at that point of fine details of the position and movement of the attacker were likely not perfect, but all that is due to having been attacked by the black guy, so it's on him. It's not on the dazed victim sprawled on the concrete, desperate to save himself from being kicked to death while down (a very common mode of murder, by the way).

Your analysis would only apply if the defender hadn't already been mentally stunned by an unjustified attack, which he perceived (in a stunned state) as only the first stage in a sustained attack. Once the attack has already begun in earnest, you don't slavishly stick to the same analysis as you would if the deadly force were used to prevent the initial attack making contact. Different circumstance. Mental state is completely different at the point you're sprawled on the ground, just having made hard contact with it as a result of an illegal assault. At that point, the law doesn't necessarily require you to be thinking and perceiving on all four cylinders.



Seriously?? hr shot HIM THE BACK and you are claiming he might have been stunned? lol. The guy on the ground got his ego (in addition to his ASS) kicked, so he shot him IN THE BACK.
He shot him in the front. The guy was turned a bit but not nearly enough to claim he shot him in the back. You can see it here:
https://legalinsurrection.com/2019/...cap-parking-spot-shooting-case-arrested/


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A big bully got his ass shot and the shoulda minded his own bidness dumbazz that shot him goes to prison,,, when fools collide or is that play stupid games, win stupid prizes, X2..

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Originally Posted by 12344mag
Originally Posted by guyandarifle
There are IMO two distinctly separate things that require scrutinizing in this case.

The shooter was absolutely assaulted and there's not even any ambiguity about this observation as it's on video. After the shooter was knocked to the ground the aggressor actually continued to approach and if the person had fired at that point we possibly would have never heard of the incident because the threat of further violence would be considered real. That's not what happened though.

On seeing the assaultee produce a weapon he immediately began backing away. This is actually the best scenario for all parties. Violence is stopped, nobody is shot and the aggressor could even be charged with assault as he should be. What happened is the person fired a fatal shot anyway after the person has already retreated and is actually starting to turn away.

After watching the video I would have been nothing short of stunned for there not to have been a conviction.


I would have to say most of that is correct.

The guy had just had his bell rung hard and I would bet that he had the ability to think 100% clearly. when the guy knocked him down and continued towards him he was in a position to feel threatened and he never seen the guy attempting to back off. I'll bet my last dollar that was all he saw was a threat continuing.

I would fell different if the guy would have backed off immediately after ringing his bell but he didn't he was gonna teach that guy a lesson, unfortunatly for him the other guy was quicker than he was.

I've had my bell rung hard and had I been on that jury there's no way I would have convicted him after taking everything into consideration.

By the way things have gone in the last 10 years I would also bet that if this had been to white guys we wouldn't even be having this conversation.

Good post. Good to see someone beside myself capable of seeing this.

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Originally Posted by RickyD
Originally Posted by jorgeI
Originally Posted by The_Real_Hawkeye
Originally Posted by Wannabebwana
Dead guy was turned and walking away when he was shot. You can see him hunch his shoulders when he’s got his back to the shooter.

It was a bad shoot, for a lot of reasons.

But the guy on the ground was likely dazed from slamming into the concrete, and his perceptions at that point of fine details of the position and movement of the attacker were likely not perfect, but all that is due to having been attacked by the black guy, so it's on him. It's not on the dazed victim sprawled on the concrete, desperate to save himself from being kicked to death while down (a very common mode of murder, by the way).

Your analysis would only apply if the defender hadn't already been mentally stunned by an unjustified attack, which he perceived (in a stunned state) as only the first stage in a sustained attack. Once the attack has already begun in earnest, you don't slavishly stick to the same analysis as you would if the deadly force were used to prevent the initial attack making contact. Different circumstance. Mental state is completely different at the point you're sprawled on the ground, just having made hard contact with it as a result of an illegal assault. At that point, the law doesn't necessarily require you to be thinking and perceiving on all four cylinders.



Seriously?? hr shot HIM THE BACK and you are claiming he might have been stunned? lol. The guy on the ground got his ego (in addition to his ASS) kicked, so he shot him IN THE BACK.
He shot him in the front. The guy was turned a bit but not nearly enough to claim he shot him in the back. You can see it here:
https://legalinsurrection.com/2019/...cap-parking-spot-shooting-case-arrested/


That's different, then if he indeed shot him as he was approaching..


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Originally Posted by The_Real_Hawkeye
Originally Posted by Dillonbuck
That video illustrates a completely different topic.

I, naively, would expect remorse on the choice of parking spots.

Not that it matters in the shooting, but, that was what started the
whole schitz show.

You cannot identify an action that is legal as the initiating cause of a chain of events leading to a death. Legal activities aren't "starting it." What started it was the illegal attack on the man who was behaving within his rights in confronting a miscreant.



Wait a minute.

The statement was obviously directed at the woman.
Don't you find it odd that she doesn't wish she had parked where she
belonged. Survivors guilt is a normal thing. Her actions started this.
That may well be the most clear fact in the whole thing. If she parked
in a normal spot. No argument, no pushing, no shooting.

As for legal.
I think parking in a handicapped space, when you aren't, is illegal.

Pertinent to the shooting case or not, I find her lack of responsibility interesting.

Why are you so invested in this?
These things usually have more than one side, and a thinking person
can usually see them both. Then decide.

You seem to have a fixation on this?


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“A breath test taken several hours later indicated a blood-alcohol level of about 0.130, half-again above the 0.08 limit for driving impaired. Naturally this means that Moffett’s actual blood alcohol level at the scene was substantially greater than this measurement.”

Not necessarily, not that it matters. If he had a belly full of alcohol his blood level could still be climbing hours after the initial test.




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Originally Posted by 12344mag
Originally Posted by guyandarifle
There are IMO two distinctly separate things that require scrutinizing in this case.

The shooter was absolutely assaulted and there's not even any ambiguity about this observation as it's on video. After the shooter was knocked to the ground the aggressor actually continued to approach and if the person had fired at that point we possibly would have never heard of the incident because the threat of further violence would be considered real. That's not what happened though.

On seeing the assaultee produce a weapon he immediately began backing away. This is actually the best scenario for all parties. Violence is stopped, nobody is shot and the aggressor could even be charged with assault as he should be. What happened is the person fired a fatal shot anyway after the person has already retreated and is actually starting to turn away.

After watching the video I would have been nothing short of stunned for there not to have been a conviction.


I would have to say most of that is correct.

The guy had just had his bell rung hard and I would bet that he had the ability to think 100% clearly. when the guy knocked him down and continued towards him he was in a position to feel threatened and he never seen the guy attempting to back off. I'll bet my last dollar that was all he saw was a threat continuing.

I would fell different if the guy would have backed off immediately after ringing his bell but he didn't he was gonna teach that guy a lesson, unfortunatly for him the other guy was quicker than he was.

I've had my bell rung hard and had I been on that jury there's no way I would have convicted him after taking everything into consideration.

By the way things have gone in the last 10 years I would also bet that if this had been to white guys we wouldn't even be having this conversation.


The problem is (see my later post with video) there's simply no ambiguity about the shootee immediately creating space from the shooter literally up until the point of being shot. In fact given the position of the vehicle behind him he'd retreated about a far as physically possible and beginning to turn away. There's nothing on the video or (to my knowledge) medically supportive of even a small degree of head trauma that would lend much credence to the "bell rung" defense. One can try to be somewhat sympathetic to the idea that he was assaulted as that fact is not even in dispute by anyone honestly assessing the situation. In any case what a jury sits there and watches is someone shooting someone else that is unarmed and, without any question whatsoever, retreating. It is this last fact that brought about the conviction.


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This is wild!


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Originally Posted by The_Real_Hawkeye
Originally Posted by rte

As an aside, it's amazing how news reports ALWAYS get it wrong on what Stand Your Ground laws do. They think that they permit deadly force self-defense. No. That's already well established law. Has been for over a century. All Stand Your Ground laws do is remove from the accused the obligation to credibly assert that he had no safe means of escape. That's it. Some states require you to credibly assert, when lethal force was applied in self-defense, that you had no safe means of escaping. Stand Your Ground removes that obligation. It literally does nothing else. All the other aspects of lethal force self-defense law are the same as they've always been.


I'd missed this the first time but think it deserves an up. The misrepresentation of SYG is so prevalent and pronounced I no longer believe the majority of it is simple ignorance. (some sure) I've become 100% convinced a significant portion of the SYG narrative in most media is outright deception.


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Originally Posted by guyandarifle

I'd missed this the first time but think it deserves an up. The misrepresentation of SYG is so prevalent and pronounced I no longer believe the majority of it is simple ignorance. (some sure) I've become 100% convinced a significant portion of the SYG narrative in most media is outright deception.

Agreed.

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Originally Posted by The_Real_Hawkeye
Originally Posted by Bristoe
When I go to the Minit Mart, I get what I'm there for and move along. It never occurs to me to have a confrontation with someone over where they've parked.

A person can go out into the world and find an endless number of people to have a confrontation with. Generally speaking, I just don't pay any attention to those people. They're not a part of my world. They don't exist.

So, because this guy has an issue with people taking up handicapped parking spots illegally, he deserves 20 years in prison??


I know self-righteous, morally smug a$$holes just like the killer that get in involved in other peoples' business and it's a wonder they haven't gotten a beat down.


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Originally Posted by guyandarifle
Originally Posted by shootbrownelk
Originally Posted by Rooster7
IMO, the only reason the dead guy turned to walk away was because shooter guy drew his weapon.

BUT he WAS starting to walk away when he got shot. That's what makes it a bad shoot. Had dead guy turned back around and came back at shooter guy AFTER the weapon was drawn and got shot, then it would be a good shoot.


We was NOT walking away, he was facing the shooter. That's what I saw in the video. He turned and staggered away AFTER he was shot.


View this video and stop at :38. Drejka has been knocked to the ground and McGlockton has actually advanced a few steps further looming over Drejka. If the firearm had been drawn and fired immediately at that point this would have been a different case.

Now note the IMMEDIATE backing up of McGlockton as the weapon is produced. Note the spacing difference between :38 and :41 when McGlockton clearly reacts to being shot. Note that immediately prior to being shot McGlockton's right leg was blading out and left was stepping into a turn to the right.

https://www.courttv.com/title/8-5-1...eo-shows-fatal-shooting-graphic-content/

The jury saw a person clearly creating space from a weapon and was shot anyway. (though not in the back as some have suggested)


Exactly what I saw in the video as well.


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Yeah, but he started it!


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Originally Posted by Jim_Conrad
Yeah, but he started it!





Did not you poopy head!


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Originally Posted by ConradCA
self defense?

Charged with manslaughter after submitting to an interview without benefit of counsel by a Detective George Moffett, who then swore out a criminal complaint on that manslaughter charge.

A member of the Law of Self Defense community alerted me to a news story by the web site Law Enforcement Today (and confirmed by other more recognizable news sites), reporting that Detective Moffett was arrested last week for showing up to a crime scene intoxicated.

And Moffett showed up at the crime scene not just a little intoxicated, either:

[A]fter [Moffett] exited his unmarked detective unit, deputies noticed signs of impairment.

Field deputies noticed the detective smelled like alcohol, had bloodshot eyes and was slurring his speech, the Sheriff’s Office said.

As a result, deputies began a DUI investigation in tandem with the shooting investigation. Moffett performed poorly in field sobriety tests

A breath test taken several hours later indicated a blood-alcohol level of about 0.130, half-again above the 0.08 limit for driving impaired. Naturally this means that Moffett’s actual blood alcohol level at the scene was substantially greater than this measurement.

It is noteworthy that Moffett drove himself to the scene, and was armed at the time.

It is also noteworthy that Moffett has previously been convicted of DUI.


Interesting twist... I suspect cops would fall under DOT impairment guidelines which are 50% of the general public.. so .04 in this case.


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Originally Posted by jorgeI
Originally Posted by RickyD
Originally Posted by jorgeI
Originally Posted by The_Real_Hawkeye
Originally Posted by Wannabebwana
Dead guy was turned and walking away when he was shot. You can see him hunch his shoulders when he’s got his back to the shooter.

It was a bad shoot, for a lot of reasons.

But the guy on the ground was likely dazed from slamming into the concrete, and his perceptions at that point of fine details of the position and movement of the attacker were likely not perfect, but all that is due to having been attacked by the black guy, so it's on him. It's not on the dazed victim sprawled on the concrete, desperate to save himself from being kicked to death while down (a very common mode of murder, by the way).

Your analysis would only apply if the defender hadn't already been mentally stunned by an unjustified attack, which he perceived (in a stunned state) as only the first stage in a sustained attack. Once the attack has already begun in earnest, you don't slavishly stick to the same analysis as you would if the deadly force were used to prevent the initial attack making contact. Different circumstance. Mental state is completely different at the point you're sprawled on the ground, just having made hard contact with it as a result of an illegal assault. At that point, the law doesn't necessarily require you to be thinking and perceiving on all four cylinders.



Seriously?? hr shot HIM THE BACK and you are claiming he might have been stunned? lol. The guy on the ground got his ego (in addition to his ASS) kicked, so he shot him IN THE BACK.
He shot him in the front. The guy was turned a bit but not nearly enough to claim he shot him in the back. You can see it here:
https://legalinsurrection.com/2019/...cap-parking-spot-shooting-case-arrested/


That's different, then if he indeed shot him as he was approaching..

He shot him when the black guy was backing up.


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Originally Posted by Rooster7
Originally Posted by guyandarifle
Originally Posted by shootbrownelk
Originally Posted by Rooster7
IMO, the only reason the dead guy turned to walk away was because shooter guy drew his weapon.

BUT he WAS starting to walk away when he got shot. That's what makes it a bad shoot. Had dead guy turned back around and came back at shooter guy AFTER the weapon was drawn and got shot, then it would be a good shoot.


We was NOT walking away, he was facing the shooter. That's what I saw in the video. He turned and staggered away AFTER he was shot.


View this video and stop at :38. Drejka has been knocked to the ground and McGlockton has actually advanced a few steps further looming over Drejka. If the firearm had been drawn and fired immediately at that point this would have been a different case.

Now note the IMMEDIATE backing up of McGlockton as the weapon is produced. Note the spacing difference between :38 and :41 when McGlockton clearly reacts to being shot. Note that immediately prior to being shot McGlockton's right leg was blading out and left was stepping into a turn to the right.

https://www.courttv.com/title/8-5-1...eo-shows-fatal-shooting-graphic-content/

The jury saw a person clearly creating space from a weapon and was shot anyway. (though not in the back as some have suggested)


Exactly what I saw in the video as well.

That's the way it went down.


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Originally Posted by Sitka deer
Originally Posted by ConradCA
self defense?

Charged with manslaughter after submitting to an interview without benefit of counsel by a Detective George Moffett, who then swore out a criminal complaint on that manslaughter charge.

A member of the Law of Self Defense community alerted me to a news story by the web site Law Enforcement Today (and confirmed by other more recognizable news sites), reporting that Detective Moffett was arrested last week for showing up to a crime scene intoxicated.

And Moffett showed up at the crime scene not just a little intoxicated, either:

[A]fter [Moffett] exited his unmarked detective unit, deputies noticed signs of impairment.

Field deputies noticed the detective smelled like alcohol, had bloodshot eyes and was slurring his speech, the Sheriff’s Office said.

As a result, deputies began a DUI investigation in tandem with the shooting investigation. Moffett performed poorly in field sobriety tests

A breath test taken several hours later indicated a blood-alcohol level of about 0.130, half-again above the 0.08 limit for driving impaired. Naturally this means that Moffett’s actual blood alcohol level at the scene was substantially greater than this measurement.

It is noteworthy that Moffett drove himself to the scene, and was armed at the time.

It is also noteworthy that Moffett has previously been convicted of DUI.


Interesting twist... I suspect cops would fall under DOT impairment guidelines which are 50% of the general public.. so .04 in this case.


It's meaningless. This case hinged on the video of the incident. Whether or not the cop was drunk (which was not even alleged) when he took the statement is meaningless, too. The expected standard is audio/visual recording. Unless there's evidence that the statement was coerced, taken without Miranda, or was somehow doctored by the cop, this doesn't even get on the radar, Since none of those things were raised at trial, whatever the cop does IN THE FUTURE, is meaningless.

Does the fact the cop might be a drunk now negate everything he's done in his career?

"Hey, Dindu! That cop who caught you after you raped and murdered that 2 year old girl 20 years ago got drunk the other day. You're free to go!!"

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Originally Posted by stevelyn
Originally Posted by The_Real_Hawkeye
Originally Posted by Bristoe
When I go to the Minit Mart, I get what I'm there for and move along. It never occurs to me to have a confrontation with someone over where they've parked.

A person can go out into the world and find an endless number of people to have a confrontation with. Generally speaking, I just don't pay any attention to those people. They're not a part of my world. They don't exist.

So, because this guy has an issue with people taking up handicapped parking spots illegally, he deserves 20 years in prison??


I know self-righteous, morally smug a$$holes just like the killer that get in involved in other peoples' business and it's a wonder they haven't gotten a beat down.

Law breakers are everybody’s business. To much of it being ignored. To many entitled people, think what they are doing is more important than what anybody else needs or wants.
In the area I live in the police have deputized ordinary citzens to write tickets to people parking in HC spots. The take a picture of HC sign and license plate of car parked illegally in space. Ticket is pretty rough.
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