[quote]Tex Ag wrote:
[quote]Sifu wrote:
[quote]Tex Ag wrote:
[quote]Sifu wrote:
[quote]Tex Ag wrote:
[quote]waldo21212 wrote:
[quote]Sifu wrote:
[quote]hungry4more wrote:
Iâm angry no follow-up on this has come out yetâŠ[/quote]
Just because charges havenât been filed at this time it doesnât mean they wonât be. People are jumping to far too many conclusions and reading way too much into the little bit of information that has come out.
There is a process to the legal system in this country that has to be followed and sometimes it takes time. The moment the police arrest the shooter and read him the Miranda warning there are certain rights that come into play. Such as the right to a speedy trial. Which means they have a limited amount of time to get him into court. If they have not completed their investigation sufficiently to obtain enough evidence to get a conviction the defense could get the case thrown out due to insufficient evidence.
Once they Mirandize him it changes their ability to question the shooter who at this time is also the primary witness. Post Miranda he has the right to remain silent. Which means he doesnât have to retell his version of events and give the police the chance to pick out inconsistencies with the previous version.
The police have to be careful what they say about the incident lest they be accused by the defense of prejudicing the jury pool. Itâs possibly why they havenât released the recording of the 911 call so it can be played on every news station in the country.
Because the shooter is a criminal justice student this is one of those cases where it is probably going to be very difficult to get a conviction. ie Drew Peterson. It took a long time to finally charge him because he knew how to make things difficult for investigators.
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I was going to say something along these lines (that hopefully the police are doing their due diligence by investigation before charging), but you said it much better than I could.
I wouldnât be surprised if he gets charged with something lesser if there isnât enough evidence to go with murder or manslaughter. With the publicity this is getting, Iâm sure there will be political pressure on the DA to go after this guy with anything and everything they can (which is unfortunate if it was indeed justified). [/quote]
The shot cannot be justified because the shooter pursued the kid after the cops told him not to. The shooter put himself in that position. He was not in an altercation until he put himself in that position. The kid was in his right to defend himself from what probably looked like a guy following him home - which is a dangerous situation the shooter caused.
It is really hard to argue self-defense when the whole scenario was caused by the shooter AFTER the cops told him to back off.[/quote]
It sounds like you donât have any understanding of the law. The 911 operator saying donât follow him may not be the same as an order from the police. There may not be much if any law making that a lawful command that had to be obeyed.
I can see how following the kid would be a provocative, assholish thing to do, but that does not make it an assault. Without an assault by the watchman you canât say the kid was acting in self defense. If he responded to being followed by getting physical he becomes the assailant even though it is perfectly understandable why he is responding like that. So the watchman claiming self defense may technically be accurate. Even though it was his actions that caused the chain of events.
The DA probably is going to have to go through a lot of research studying prior case law in order to figure out exactly what criminal charges he can press. Another reason for the delay in charges being filed. It wonât surprise me if this results in no criminal charges but the watchman loses a civil suit.[/quote]
I do understand that someone is allowed to defend themself from a perceived threat. The shooter following the kid can clearly been seen as a threat. The kid hitting the shooter is the kid acting in self defense. How then does the shooter claim self defense? How both parties in an altercation claim self defense?
I know we do not know precisely what went down between them but I have a hard time swallowing a self defense claim by the aggressor in the situation.
I thought if you pick a fight and get your ass kicked that is your own damn fault.[/quote]
You are getting it wrong. In self defense you are allowed to respond in proportion to the perceived level of threat. If someone if following you, you are within your rights to run away. The legal term for that is retreat. If you stop, turn around, go back to confront them you have changed the legalities of the situation because you are not in retreat and those changes in legality are not in your favor.
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Okay. The kid was unarmed, the shooter pulls his gun. How does self defense work there then? Serious question, not trying to be an ass.[/quote]
Factors such as who made the first assault or the first battery. All the kid had to do is lose his cool and start shoving the guy for that to be an assault by the kid. Now thatâs not enough to justify shooting him but the watchman could respond to that and legally be in self defense.
From there if pushing turned into a tussle that he was losing he could say something like, it was dark, I didnât know this man, he was bigger than me, he became physically aggressive after I identified myself as the neighborhood watch, I was losing the fight, the kid noticed my gun as we were wrestling, I was afraid I was going to lose retention of my weapon, so I shot.