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Old May 8, 2005, 12:50 PM   #87
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Join Date: January 27, 2005
Posts: 1,009

If you leave your pool gate open and a kid falls in but doesn't drown---does that make it moot that you left the gate open?

YES!!! IT DOES!!! There is absolutely NO case against you without results--without damages. You can act as negligently as you want, but if you don't cause damage, then there is no case. That's our system of justice. Damages are a component of negligence... without showing them, you go home...

Damn you are a poor excuse for a human being let alone being a lawyer. By your logic it's ok to drive home drunk as long as the result was nobody got killed---pitiful. The rules are there to protect innocents, just because nobody got injured THIS time doessn't change a thing.
This is my final take on the situation. I'm not wanting Moose to say anything more till this is over---I'm saying that more information is needed before you can determine whether he was justified or not in firing his weapon. Based on what Moose has said to this point I say he had a right to pull his weapon for sure---whether he HAD to fire his weapon is another issue. I can't say 100% that he shouldn't have just as you can't say 100% that he should have. One thing for sure is more info is needed and there are questions(from his story) that remain. Alot of you are assuming an awful lot. I heard of no injuries(per Moose) no weapon etc...How old is Moose, was there alcohol involved(Bowling Alley), was he looking for a reason to use his weapon as opposed to last resort? Were not talking about a remote area in the middle of nowhere here. His friends were waiting out front for him--there was a car next to him. Did he yell out, blow the truck horn, push the man away. He stated he used a remote for his truck---is there no car alarm button? I don't know the answers but neither do you and you assume to shoot was ok. For those of you who don't realize the difference of being able to diffuse the situation by pulling your weapon as opposed to using it, then I say your looking for a reason to shoot. Of course you must be ready to shoot if needed, but many of you are implying that you MUST fire your gun if pulled---NONSENSE!
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