Protester shot in Austin (TX) - Page 5

Double Naught Spy · August 7, 2020, 04:59 PM

Quote:

That’s the driver. He was giving a verbal warning.

How do you know it was the driver?

Bartholomew Roberts · August 7, 2020, 06:00 PM

Because that's what the driver told police, and his command at Fort Hood, and his defense lawyer.

ghbucky · August 7, 2020, 06:58 PM

Speaking to the concerns about open carrying being targeted:

The guy open carrying WAS COMMITTING A CRIME by participating in an illegal demonstration and blocking a road.

Don't open carry while committing a crime should be a pretty damn clear rule for anybody with a lick of common sense.

TXAZ · August 7, 2020, 08:45 PM

Quote:

Originally Posted by ghbucky

Speaking to the concerns about open carrying being targeted:

The guy open carrying WAS COMMITTING A CRIME by participating in an illegal demonstration and blocking a road.

Don't open carry while committing a crime should be a pretty damn clear rule for anybody with a lick of common sense.

I hear an echo in this thread (from many other posts):

"Open carry = shoot me first".

While I don't believe the driver targeted the decedent just because he was open carrying, I do believe the fact he was open carrying made him a threat either by his overtly armed proximity to the driver, or because he made a threatening movement with the weapon the driver interpreted as a potentially lethal threat.

If you're going to open carry, make very sure you're not seen as a threat.

Bartholomew Roberts · August 7, 2020, 09:21 PM

Going back to the AOJP thing, PRECLUSION is a big issue. If you are illegally occupying a road, and a driver with a legal right of way tries to use it, then your buddies zerg-swarm his vehicle and shoot/kill him because you thought he might run you over, a jury is going to ask - “If you feared being run over, why did you stand in front of his car? What did you do to preclude that?”

I’d also note that almost every SYG law ever starts with the premise that you are in a place you have a legal right to be.. If you are standing in the middle of a roadway, your legal case for using any kind of force as self-defense is already starting off with a legal deficit.

August 7, 2020, 06:00 PM	#102
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Because that's what the driver told police, and his command at Fort Hood, and his defense lawyer.

August 7, 2020, 06:58 PM	#103
ghbucky Senior Member Join Date: June 12, 2020 Posts: 1,177	Speaking to the concerns about open carrying being targeted: The guy open carrying WAS COMMITTING A CRIME by participating in an illegal demonstration and blocking a road. Don't open carry while committing a crime should be a pretty damn clear rule for anybody with a lick of common sense.

August 7, 2020, 09:21 PM	#105
Bartholomew Roberts member Join Date: June 12, 2000 Location: Texas and Oklahoma area Posts: 8,462	Going back to the AOJP thing, PRECLUSION is a big issue. If you are illegally occupying a road, and a driver with a legal right of way tries to use it, then your buddies zerg-swarm his vehicle and shoot/kill him because you thought he might run you over, a jury is going to ask - “If you feared being run over, why did you stand in front of his car? What did you do to preclude that?” I’d also note that almost every SYG law ever starts with the premise that you are in a place you have a legal right to be.. If you are standing in the middle of a roadway, your legal case for using any kind of force as self-defense is already starting off with a legal deficit.