re: Grand Jury Takes No Action On Merritt Landry Case

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I seriously doubt the kid's family has that type of money and finding a good lawyer to do it on contingency would be pretty difficult.

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No it wouldn't

ESPECIALLY if

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Not to mention the Landry's have a good bit of money and a nice bit of clout. They're St. Bernard royalty.

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The pictures and video in the media made it look like the front or possibly a side yard, not the backyard. The kid jumped over a 4' or 5' locked gate and was certainly up to no good, but as I recall, the was no evidence of him trying to break into the house.

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I'd call it a courtyard. There was no evidence of him trying to break into the house because he never got the chance. Regardless, it doesn't matter; he could've been trying to break into his car. LA Castle Doctrine includes vehicles.

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Merritt Landry may be your friend and a wonderful guy, but what he did was very stupid. He should have called 911 and waited inside for NOPD to arrive. If the kid tries to break in, he can shoot him and he's in the clear legally. You can't go out in your yard and confront someone who may be getting ready to burglarize your vehicle or steal a bicycle and shoot them.

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The law says otherwise:

Castle Doctrine: when committed in self-defense by one who "reasonably believes" he is in danger of great bodily harm or death; to prevent a forcible felony; and to prevent trespass on private property.

Stand-Your-Ground:
Any person "who is in a place where he or she has a right," including a public space, does not have an obligation "to retreat" if faced with a real or perceived threat and "may stand his or her ground and meet force with force."

During criminal court proceedings, a judge or jury can't consider the "possibility of retreat" as a factor in determining whether someone lawfully used force in self-defense.

You also have to understand the situation in the Marigny at the time. There were break-ins and assaults/burglaries all over the area. The reason he was awake and on alert to begin with is because he had seen a group of thugs riding around earlier in the day scoping the neighborhood.

Oh, and to the guys that mentioned a civil case: No one acting in self-defense under these laws can be civilly prosecuted for the use of force, deadly or otherwise.

That makes me feel better. Tired of hearing about frivolous lawsuits.

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If it's determined to be self-defense the law states you can't bring a civil suit.

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Hopefully that's how this one shakes out, but correct me if I'm wrong: no true bill means it won't go to trial. I don't believe they can can make a determination of self-defense or not.

I believe the Castle Doctrine extends to vehicles when you're in, or getting in or out, the vehicle. Like a carjacking, not someone who MAY be getting ready to burglarize your vehicle.

This wasn't a Stand Your Ground situation. Landry got a loaded gun, went outside and approached the guy.

If this was such an obvious case of self defense, don't you think the Grand Jury could recognize that?

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Some people - lol. So, I'm supposed to wait until some dude actually comes into my house? Without knowing what he is carrying? Just sit and wait for him to fire through a window or a door?

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do you think had he announced himself, that the guy would have ran?

Im not picking sides. Everyone would react different, i realize that.

I think i would have announced myself. Had he kept coming, probably shot him.

14 year old was just playing football and I guess the ball landed on the other side of the fence @ 2 or 3 am

Most 14 year old kids do this nightly... we know that isn't true so what were his intentions? considering his past criminal history?

by the looks of his New Year's party (youtube) firing a gun to start the new year you couldn't rule out that he had access to a weapon.

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A civil suit would have to prove that his actions were illegal. The burden of proof would be on Coulter as opposed to the state. Considering the lack of resources regarding evidence available to them and the fact that, in this hypothetical situation, the DA's office would've dropped charges... it's highly doubtful. Not to mention that civil court is a very different place compared to criminal court; it would most likely NOT be a jury trial and the judge would be ruling on it directly.

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Wow. I don't know where to start.

ETA: please provide authority for your statements. Mainly the first and the civil court distinction

I don't believe LA law allows you can shoot someone in defense of property. There was no threat to his or his family's personal safety until he went outside. Your friend fricked up and may end up in jail because he made a rash decision. How's that gonna work out for his wife and kids?