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Is this justified self defense?

Posted on 7/7/24 at 2:28 pm
Posted by Falco
Member since Dec 2018
2216 posts
Posted on 7/7/24 at 2:28 pm


quote:

The man in the green shirt at New York’s Freaknik festival has started a large debate on the internet about “Self Defense” many viewers believe he did the right thing pulling his gun out while other viewers claim he should be charged and his life wasn’t in danger.
Posted by NIH
Member since Aug 2008
119720 posts
Posted on 7/7/24 at 2:29 pm to
Looks like a lovely festival
Posted by BigPerm30
Member since Aug 2011
30919 posts
Posted on 7/7/24 at 2:30 pm to
frick yeah, self defense just based on that small clip. Probably need more context. Dude got hit from behind.
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
106093 posts
Posted on 7/7/24 at 2:30 pm to
Dude got knocked down cause some guy sucker punched him.

He absolutely has a right to pull his gun at that point. FAFO.
Posted by Dawgfanman
Member since Jun 2015
25841 posts
Posted on 7/7/24 at 2:32 pm to
quote:

Dude got knocked down cause some guy sucker punched him. He absolutely has a right to pull his gun at that point. FAFO.


He already had it out prior to the punch
Posted by zsav77
Member since Oct 2011
6258 posts
Posted on 7/7/24 at 2:33 pm to
Technically, blows to the head or neck with the bony portion of your hand is considered deadly force assault… looked like homeboy punched him in the temple. So deadly force would supposedly be the appropriate response.



Posted by Bobby OG Johnson
Member since Apr 2015
32104 posts
Posted on 7/7/24 at 2:34 pm to
Nowhere else to retreat to while attacker stands over him would be justified to me

Being in NY...who knows what they will do
Posted by MemphisGuy
Germantown, TN
Member since Nov 2023
13677 posts
Posted on 7/7/24 at 2:34 pm to
Yes. Yes it is.
Posted by Ryan3232
Valet driver for TD staff
Member since Dec 2008
27337 posts
Posted on 7/7/24 at 2:34 pm to
Sooooo… Is that dude dead?
Posted by tylerlsu2008
Monaco
Member since Jul 2015
1514 posts
Posted on 7/7/24 at 2:34 pm to
I’ll allow it
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 7/7/24 at 2:35 pm to
Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31520 posts
Posted on 7/7/24 at 2:35 pm to
I cba to do free legal research for New York, but it would absolutely be justified in Louisiana with the caveat that we didn't see the start of the fight, so we don't know who the initial aggressor was, and whether the person who hit him could therefore have a justifiable defense of others claim that would vitiate green shirt's self defense claim.
This post was edited on 7/7/24 at 4:25 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
72740 posts
Posted on 7/7/24 at 2:35 pm to
Reason numba 212,000 to not go there.
Posted by greenbean
USAF Retired - 31 years
Member since Feb 2019
6090 posts
Posted on 7/7/24 at 2:35 pm to
These type issues are determined by local LE and the DA. In many conservative southern jurisdictions, this will likely be considered self defense, in NYC, who knows?
Posted by Dawgfanman
Member since Jun 2015
25841 posts
Posted on 7/7/24 at 2:35 pm to
quote:

Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.


He was hit from behind while he was already menacing another person with a gun in his hand.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 7/7/24 at 2:36 pm to
quote:

In many conservative southern jurisdictions, this will likely be considered self defense, in NYC, who knows?


Don't live where people who disagree with you hate you with every fiber of their being. I loved Denver, but I left when it became apparent if anything happened, they'd cheerily throw me in jail for the rest of my life.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 7/7/24 at 2:37 pm to
quote:

already menacing


Is that in the law? Doesn't sound very legal.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31520 posts
Posted on 7/7/24 at 2:38 pm to
quote:

Need way, way more context, but he was hit from behind in the head. Definition of fearing for your life.

Again, won't speak for New York, but in Louisiana, you only need to fear "death or seriously bodily injury" to justify homicide. To justify the use of lower levels of force or violence, you simply need to show that it was reasonable to prevent further forcible offenses against the person or trespasses on property. Pulling a firearm on someone, and not firing it, would fall into this latter category.
Posted by Dawgfanman
Member since Jun 2015
25841 posts
Posted on 7/7/24 at 2:39 pm to
quote:

already menacing Is that in the law? Doesn't sound very legal.


Yes. It is. Hope you learned something.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 7/7/24 at 2:39 pm to
Thanks for the further clarity.
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