View Single Post
Old April 23, 2012, 11:48 AM   #37
Daugherty16
Senior Member
 
Join Date: July 10, 2008
Location: Live Free or Die state
Posts: 259
When is "disengaging" not disengaging?

Why, when you go to the garage to retrieve your handgun from the glovebox of your car, of course, so you can come back into the scene of the agression and shoot holes in the ceiling to show the aggressor how serious you are.

That is likely how prosecutors painted her trip to the garage. Regardless of who first started hitting on whom, leaving to go get a weapon and then coming back with your weapon and firing it, is generally something a jury would notice. I doubt she could erase that image from the juror's minds, and she seems to freely admit the facts, if not the intent. I would imagine that accounted for the 15 minute deliberation.

What seems out of whack is the potential sentence she faces, in a case with no injuries and apparently no intent to injure. That's a matter for the people and the legislature there to address, but it does outline the risk associated with mandatory sentences in borderline cases - those that get snared by the law but seem to fall outside the original intended scope of the law.

There's always clemency...
__________________
"To my mind it is wholly irresponsible to go into the world incapable of preventing violence, injury, crime, and death. How feeble is the mindset to accept defenselessness... How pathetic." - - Ted Nugent

"Cogito, Ergo Armitum Sum" - (I Think, Therefore I Am Armed)- - anon.
Daugherty16 is offline  
 
Page generated in 0.06134 seconds with 8 queries