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September 3, 2019, 07:19 PM | #201 |
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Sucker punch vs mutual combat
Not true. At least 3 that I recall clearly were flat out sucker punches. One, my brother had his hands in his pockets and was talking to a guy that hauled off and punched my brother in the nose, unprovoked. That guy got his plow cleaned, and finally got away from my brother by crawling under a truck and escaping out the other side.
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September 4, 2019, 07:55 AM | #202 | ||
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Speak for yourself sir..I may have gotten my handgun out but I would not have shot him if he was backing away..The idea of the gun was to stop the attack, the 'gun out' did that. If the victim then moved towards the guy on the ground, the SYG law here would have made more sense..he didn't move toward, but away..
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September 4, 2019, 08:17 AM | #203 | |
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September 4, 2019, 08:23 AM | #204 |
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So much of this comes down to the "reasonable man" standard. When Mr. McGlockton saw an irate stranger screaming at his wife, was it reasonable to assume Drejka was dangerous? Yes. Was pushing Drejka (who was standing between McGlockton and his car) a reasonable level of force? Yes.
Now, did Mr. Drejka have a reasonable fear for his life? That's where things get really murky. We can go around in circles (and we are) about that. The fact that he started the confrontation really puts him behind the ball in the eyes of the jury. An easy way to avoid finding oneself in such a situation would be not to go haranguing strangers about minor things that aren't one's business.
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September 4, 2019, 08:28 AM | #205 | ||
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September 4, 2019, 08:31 AM | #206 | |||
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Irregardless of whether you think he was correct in going about his civic responsibility in complying with handicapped signs. Quote:
I find it shocking that so many can dismiss his behavior. Simply put, had he not done that, he would be alive today. |
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September 4, 2019, 08:34 AM | #207 | |
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September 4, 2019, 08:39 AM | #208 | |
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There is a thing called the Force Continuum. Police powers grant them the ability to stay one level above the public.
The public does not have that protection. When Mr Drejka was placed in a situation his life and deadly force was being used, he could defend himself. Quote:
He has been tried in the court public opinion and it is obvious the jury was racist and reactionary. |
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September 4, 2019, 08:42 AM | #209 | |
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Handicapped parking spots are there for the handicapped not for selfish pricks who can walk just fine. |
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September 4, 2019, 08:50 AM | #210 | ||||
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What is the danger presented by a raised voice?
If the defendant were orally threatening violence, I could see the reasoning behind a demonstration that his violence would be opposed with force. It wouldn't excuse a violent reaction to words, but it would give it a more rational basis. Drejka wasn't actually between the attacker and his car. Quote:
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Unless it would be reasonable for you to believe you were about to suffer " imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony", your threat would itself have been a crime. Presumably, you'd not get 25 years for that, so you'd have saved yourself some time. Quote:
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September 4, 2019, 08:52 AM | #211 | |||
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I can't recall who the instructor was but I do recall watching a video on CHL not long ago where the instructor brings up the "not my monkeys, not my circus" argument. If no one is hurt, no one in danger and you really feel like you have to do something; call the police. It's their job to try to make people behave less like selfish children and more like responsible adults. They have lots of tools to do it with other than harsh language and a CCW. Quote:
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September 4, 2019, 08:55 AM | #212 | ||
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September 4, 2019, 09:00 AM | #213 | |
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September 4, 2019, 09:30 AM | #214 | ||||
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He SAYS he feared for his life but words that 'may' describe his state of mind at the time are cheap. Of COURSE he's going to say he feared for his life, even if he didn't as the victim was backing away...
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September 4, 2019, 10:21 AM | #215 | |
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No one can lawfully use force of any kind against anyone for what that person has done. That wasn't the issue at all. The defendant contended that he fired to prevent imminent serious harm. The video and the timing made the validity of that contention questionable at best. Evidence of the defendant's previous behavior, which could indicate state of mind, further weakened the self defense case. |
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September 4, 2019, 12:29 PM | #216 | ||
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September 4, 2019, 01:01 PM | #217 | |
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September 4, 2019, 01:08 PM | #218 |
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I think we've said all that needs to be said here.
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September 4, 2019, 01:08 PM | #219 | |
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