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Old July 27, 2014, 12:41 PM   #76
MTT TL
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And you will need to hope that a jury will buy your explanation. It's going to be a much tougher sale if the assailant was fleeing.
We should all hope that we need not be in front of a jury doing any explaining. I always get the feeling in these type threads that the vast majority of the people thumping their chests expressing how blood thirsty they are have never had to deal with the actual decision of possibly of taking a life.
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Old July 27, 2014, 04:33 PM   #77
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We should all hope that we need not be in front of a jury doing any explaining. I always get the feeling in these type threads that the vast majority of the people thumping their chests expressing how blood thirsty they are have never had to deal with the actual decision of possibly of taking a life.
I would agree. It concerns me the number of people presumably armed for self defence are as you say thumping their chests expressing how blood thirsty they are , saying he deserves a pat on the back for example. I expected people to have a more responsible attitude to self defence and taking a life, I was obviously expecting too much.
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Old July 28, 2014, 07:10 AM   #78
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Frank Ettin Wrote;
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And you will need to hope that a jury will buy your explanation. It's going to be a much tougher sale if the assailant was fleeing.
Unfortunately, it is very likely that this homeowner is gonna have to face this challenge. Given what he has already said to the media, it doesn't look promising for him.

Had he kept his mouth shut it certainly would have helped his defense however, his statements and, the sketchy situation paint him in a very bad light IMHO.

This reminds me a lot of Jerome Ersland.
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Old July 28, 2014, 07:45 AM   #79
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Similar case I had.
A lone woman comes home to find burglars inside her home.
She goes for her husbands 12 ga. in a closet. Crooks flee with her t-v.
She shoots one outside the home liberally peppering him with 1 1/4 oz of #4
shot, mostly in head, face, neck, shoulder.
He lived, both sent to jail.
I feel the elderly man will be charged.
Is is right? That's up tp a court.
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Old July 29, 2014, 10:10 AM   #80
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About the Tactics

It turns out that the mother of the male burglar was outside acting as a lookout, and that she has been charged as an accomplice.

What can we learn from this? There may be more of them.

Had she been armed and so inclined, the homeowner may well have been shot. The presence of that .22 in his hand would not have warded off evil spirits or caused bullets to veer off course.

One more reason to wonder what he was thinking, or to conclude that he was not thinking clearly at all.
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Old July 31, 2014, 02:51 PM   #81
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Well, reality sets in! He shooter is charged, gets convicted, life in prison.

He will be deemed a ideal person for a camp style of jail, his health insurance will not be needed, tax payers will pay for that.

So, he gets to watch TV, read, walk about, food not to bad, claim to be a Vegan, real good diet. And no worries about been attacked in his home, beaten, abused.

Ten years? Over for him anyway.
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Old August 12, 2014, 09:13 AM   #82
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Looking back on these posts, some very interesting points of view, opinions.

One of the interesting changes to the mind, during a violent confrontation, pure elevated Blood Pressure! Helped by a huge inoculation of adrenalin.

Trot out the expert witnesses, who can say, in all honesty, the shooter was not thinking in the same way he would do, feet up, watching TV.

If charges are laid, if the Jury has the final word (so to speak) how 12 people from different backgrounds will view this case? Who knows.
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Old August 12, 2014, 11:57 AM   #83
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You are in service in a defensive position.
The opposing force has attacked you before and raided your supplies.
They attack again and wound you.
You manage to go on the offensive as they retreat from your perimeter.
You let them escape to return and fight another day?
Or you continue to fight them in the heat of the battle?

Just a thought from the other evening. Certainly NOT advocating the actions of the gentleman.

But - if I was on the jury, the above thoughts would weigh heavy on me.

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Old August 12, 2014, 12:03 PM   #84
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Quote:
Originally Posted by Jim567
You are in service in a defensive position.
The opposing force has attacked you before and raided your supplies.
They attack again and wound you.
You manage to go on the offensive as they retreat from your perimeter.
You let them escape to return and fight another day?
Or you continue to fight them in the heat of the battle?...
These sorts of military analogies are meaningless and worthless in the civilian world. They bear no relation to the applicable laws regarding the use of force.
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Old August 12, 2014, 12:14 PM   #85
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These sorts of military analogies are meaningless and worthless in the civilian world. They bear no relation to the applicable laws regarding the use of force.

--------------------------------------------------------------



You are undeniable correct. I am sure you noted my disclaimer.

---------------------------------------------------------------
Certainly NOT advocating the actions of the gentleman
------------------------------------------------------------------

But if I am on a jury -- and as a thinking man. I would explore my sympathies.

Not sure what my decision as a juror would be. Happy I don't have to decide this one.

Last edited by Jim567; August 12, 2014 at 12:26 PM.
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Old August 12, 2014, 01:27 PM   #86
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Originally Posted by Jim567
You are undeniable correct. I am sure you noted my disclaimer.

---------------------------------------------------------------
Certainly NOT advocating the actions of the gentleman
------------------------------------------------------------------
I saw your disclaimer. However, I wanted to be sure that everyone understood that your military analogy added nothing useful to our understanding of the legal realities of this situation.
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Old August 12, 2014, 01:46 PM   #87
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Yes,

My comments were just musings, thoughts that would go through my mind sitting on a jury --

Right or wrong I tend not to have too much sympathy for folks, who through plain and simple evil doing, have ill befall them.

Heck, bad stuff happens to good people doing good, never mind when you set out to do bad.

This situation is sad in so many ways.
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Old August 13, 2014, 06:47 AM   #88
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Jury's can be massively influenced by the testifying of one witness, plus many DAs do not charge a person, because they know it would be a waste of money!

With no chance of a guilty verdict.

Not sure, but have charges been laid on the Old Gent?
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