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If that was LE in the video, rather than the pharmacist, do you really believe LE would not have been held to a higher standard?


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"Of course for note, LEO tend not to be liable for the bullets they unleash, yet CHL are responsible for eveyrone they turn loose regardless the intent... seems unfair also"........



I'm not sure about that. Think I'd disagree.


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One thing the video does not allow is the rate of fire in the initial battle. Did the one robber just take one in the head and the other ran? Or was more than one shot fired and did the fight extend out to the parking lot with the other robber? The reload may have been a necessity where the store owner moved quickly to his reloads, reloaded and approached the downed robber. Some threatening statements or actions were made by the now not unconscious robber (which a non fatal wound as determined by autopsy would suggest) and the store owner reacted, granted excessively, and shot him a few more times. Of course depending on what the store owner said in his statement, this is all plausible.

Why no mention of the accomplice being charged with murder also, first degree?


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when the first one went down he thought the guy was DRT.
after the short foot chase he came back, noticed movement, reloaded and finished the guy off.
It would have been easier to defend if he pumped the 5 rounds into the guy then chased the 2nd perp.
timing is everything.


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Of course for note, LEO tend not to be liable for the bullets they unleash


I have a lot of respect for you, but I'm going to disagree with you here (maybe it's a regional thing). We're responsible for EVERY round that we fire. Believe me, it gets looked at REPEATEDLY. I can say this having seen the aftermath.

George


�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�
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Originally Posted by zeNII
It is an interesting video, pretty calm and cool, the only move that seemed wrong was going after the fleeing suspect rather than focusing on the one hit and down in the store,
was suprising to see how he walked to the back of the store and calmly shot the downed suspect,
however as a policy in general I think that immediately after a what can only be characterized as a righteous shoot (initially), due to stress and perhaps no training/experience (how many people including cops have actually experienced this event?) he should not be charged,
I hope the jury finds him blameless

I also hope he gets off. Aside from the obvious need to defend himself, judging someone's state of mind who has just been placed in a position to defend himself using deadly force ... get my point here? It's not everyday you pull a trigger on someone. He didn't ask to be placed in that position. The perp put him in that position. All benefit of the doubt should be given to the one who had to defend himself in my opinion.

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Originally Posted by Gringo Loco
Originally Posted by zeNII
It is an interesting video, pretty calm and cool, the only move that seemed wrong was going after the fleeing suspect rather than focusing on the one hit and down in the store,
was suprising to see how he walked to the back of the store and calmly shot the downed suspect,
however as a policy in general I think that immediately after a what can only be characterized as a righteous shoot (initially), due to stress and perhaps no training/experience (how many people including cops have actually experienced this event?) he should not be charged,
I hope the jury finds him blameless

I also hope he gets off. Aside from the obvious need to defend himself, judging someone's state of mind who has just been placed in a position to defend himself using deadly force ... get my point here? It's not everyday you pull a trigger on someone. He didn't ask to be placed in that position. The perp put him in that position. All benefit of the doubt should be given to the one who had to defend himself in my opinion.


its called responsibility.
It was his responsibility to act according to law when he chose to carry that firearm.
he deviated from what society deems justifiable.
but you think its OK?

So finishing them off is OK in your book?
Does that apply to perps who surrender? should they just be executed right there?


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He did not ask for that responsibility. It was placed on him involuntarily. I stand by my statement. When DEFENDING oneself in that kind of adrenaline and highly stressful situation, I don't think one should be held to a very high standard of performance. The state of mind from one individual to the next will vary highly ... so I feel a low standard of expectation should apply. Likewise, when folks potshot inconsistent statements ... who has not ever recounted an incident from memory that was told imperfectly? Now add the stress of a deadly force self-defense situation to that scenario.

To my mind, all burden for consequences fall on the criminal aggressor in this situation. Failure to assign full responsibility on the criminal in these situations places an undue burden and precedence against all innocents who must defend themselves. I feel very strongly about this. I am, of course, speaking very specifically about these types of situations. Less clear cut confrontations might yield a different opinion.

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Originally Posted by Gringo Loco
He did not ask for that responsibility. It was placed on him involuntarily. I stand by my statement. When DEFENDING oneself in that kind of adrenaline and highly stressful situation, I don't think one should be held to a very high standard of performance. The state of mind from one individual to the next will vary highly ... so I feel a low standard of expectation should apply. Likewise, when folks potshot inconsistent statements ... who has not ever recounted an incident from memory that was told imperfectly? Now add the stress of a deadly force self-defense situation to that scenario.

To my mind, all burden for consequences fall on the criminal aggressor in this situation. Failure to assign full responsibility on the criminal in these situations places an undue burden and precedence against all innocents who must defend themselves. I feel very strongly about this. I am, of course, speaking very specifically about these types of situations. Less clear cut confrontations might yield a different opinion.




when choosing to carry a deadly weapon one is automaticly held to a higher standard.
regardless of what your feelings are.
As far as recolection goes, I assure you that what happens in a life or death battle will remain crystal clear, even years later.
he knew what he was doing.

He didnt just shoot once then fire 5 times out of fear or instinct or traing.
that could be excused as far as gross motor skills would carry. he shot...
then he left position, opened a door ran down the street shooting, ran dry, turned around, opened the door again, passed the downed perp, went to his office, opened a drawer and retrived a fresh load, returned and shot 5 more times.
that is not reflex and is not excusable by the norms this society holds armed people to.
like it or not, he will be judged by the same morals of society and he will be found guilty of, at the very least, manslaughter. But he will probably be offered a deal and he'd better consider taking it. why dont you send him a donation fopr his legal fees?

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Respectfully sir. I agree to disagree.

Great weather out there today. I'm about to go enjoy some of it. Have a great weekend!

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He was way past defending himself when he tapped the robber the second time. It's a bad shoot.

His adrenaline was so high he forgot about the store camera! - and that tape is going to convict him.

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Originally Posted by Gringo Loco
He did not ask for that responsibility. It was placed on him involuntarily. I stand by my statement. When DEFENDING oneself in that kind of adrenaline and highly stressful situation, I don't think one should be held to a very high standard of performance. The state of mind from one individual to the next will vary highly ... so I feel a low standard of expectation should apply. Likewise, when folks potshot inconsistent statements ... who has not ever recounted an incident from memory that was told imperfectly? Now add the stress of a deadly force self-defense situation to that scenario.

To my mind, all burden for consequences fall on the criminal aggressor in this situation. Failure to assign full responsibility on the criminal in these situations places an undue burden and precedence against all innocents who must defend themselves. I feel very strongly about this. I am, of course, speaking very specifically about these types of situations. Less clear cut confrontations might yield a different opinion.


While I generally agree here, I still have trouble rationalizing this concept that some believe of: "Once the thug breaks the law, the laws no longer apply to the victim/police...they're free to break the law because they're 'law abiding citizens'."


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Originally Posted by ringworm
when the first one went down he thought the guy was DRT.
after the short foot chase he came back, noticed movement, reloaded and finished the guy off.
It would have been easier to defend if he pumped the 5 rounds into the guy then chased the 2nd perp.
timing is everything.


Well, since we don't know what the perp was doing off camera, I'd say that there's a reasonable doubt there. If he was making a furtive movement, that's justification for shooting him. All in all, I'd say that the Prosecutor is going to be disappointed in the outcome.


The whole aim of practical politics is to keep the populace alarmed by menacing it with an endless series of hobgoblins, all of them imaginary. --H. L. Mencken

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The perp was unarmed,laying face down with a bullet hole in his head, was he not?

Further, when the pharmacist turned his back on the perp to go after another and then went bck to reload, that was sufficient time to get into a legal term of art known as a "cooling down" period.

The second volley of fire was a ill-advised, non-justified shoot and there will be consequences for it,ebd...save for a possible jury nullification if it goes to trial.

Last edited by isaac; 05/29/09.

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The perp was unarmed,laying face down with a bullet hole in his head, was he not?


I don't think so. The report says he was shot 5 times in the stomach. The pharmacist may do time, but I don't think he'll go down for murder 1.


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Originally Posted by ringworm
Originally Posted by Gringo Loco
Originally Posted by zeNII
It is an interesting video, pretty calm and cool, the only move that seemed wrong was going after the fleeing suspect rather than focusing on the one hit and down in the store,
was suprising to see how he walked to the back of the store and calmly shot the downed suspect,
however as a policy in general I think that immediately after a what can only be characterized as a righteous shoot (initially), due to stress and perhaps no training/experience (how many people including cops have actually experienced this event?) he should not be charged,
I hope the jury finds him blameless

I also hope he gets off. Aside from the obvious need to defend himself, judging someone's state of mind who has just been placed in a position to defend himself using deadly force ... get my point here? It's not everyday you pull a trigger on someone. He didn't ask to be placed in that position. The perp put him in that position. All benefit of the doubt should be given to the one who had to defend himself in my opinion.


its called responsibility.
It was his responsibility to act according to law when he chose to carry that firearm.
he deviated from what society deems justifiable.
but you think its OK?

So finishing them off is OK in your book?
Does that apply to perps who surrender? should they just be executed right there?


This is Oklahoma...The criminal knew the job was dangerous when he started it...The pharmacist put him out of his criminal misery...the criminal got what was coming to him...fuggum as he was a criminal...Hang him on a fence post like a coyote...


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Originally Posted by ebd10
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The perp was unarmed,laying face down with a bullet hole in his head, was he not?


I don't think so. The report says he was shot 5 times in the stomach. The pharmacist may do time, but I don't think he'll go down for murder 1.

++++++++++++++

ebd...he was first shot in the head and then 5 times in the stomach. The shooting in the stomach, after a cooling off period, is more hurtful to the pharmacist as he was able to visibly see the perp was unarmed and disabled.

Under the law, there could be sufficient evidence for a 1st degree conviction but, as you, I find it unlikely.

I suspect a plea deal will be reached for a lesser offense but a felony conviction will likely result.


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Originally Posted by isaac
Originally Posted by ebd10
Quote
The perp was unarmed,laying face down with a bullet hole in his head, was he not?


I don't think so. The report says he was shot 5 times in the stomach. The pharmacist may do time, but I don't think he'll go down for murder 1.

++++++++++++++

ebd...he was first shot in the head and then 5 times in the stomach. The shooting in the stomach, after a cooling off period, is more hurtful to the pharmacist as he was able to visibly see the perp was unarmed and disabled.

Under the law, there could be sufficient evidence for a 1st degree conviction but, as you, I find it unlikely.

I suspect a plea deal will be reached for a lesser offense but a felony conviction will likely result.


That is probably the way it will turn out Bob as it will be done in Oklahoma Co....If done down here where I'm at he'd be hangin' on the fence...


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Originally Posted by isaac
The perp was unarmed,laying face down with a bullet hole in his head, was he not?

Further, when the pharmacist turned his back on the perp to go after another and then went bck to reload, that was sufficient time to get into a legal term of art known as a "cooling down" period.

The second volley of fire was a ill-advised, non-justified shoot and there will be consequences for it,ebd...save for a possible jury nullification if it goes to trial.


I think I read he was on his back. Wouldn't make any difference though since he was unarmed and already shot once. The lawyer that does the best voir dire wins this one.


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Anybody else notice the people who where out side the store through the whole thing , then just drive away?WTF?


Just rambling, but I cant help thinking the kid on the ground is getting one for each of the last 5 guys who succeeded in robbing the store.


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