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re: Defense Lawyers point of view for using your concealed firearm

Posted on 2/17/16 at 11:11 am to
Posted by SpeckledTiger
Denham Springs
Member since Jul 2010
1477 posts
Posted on 2/17/16 at 11:11 am to
quote:

Rodney Peairs, the BR guy who shot the japanese exchange student around halloween, got acquitted in the criminal trial, probably spent tons, then got stuck in the civil suit, $650K, i think.


Honest question, how is that possible given this:

§2800.19. Limitation of liability for use of force in defense of certain crimes

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.

B. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses to the defendant in any civil action if the court finds that the defendant is immune from suit in accordance with Subsection A of this Section.

Acts 2006, No. 786, §1.
Posted by Barf
EBR
Member since Feb 2015
3727 posts
Posted on 2/17/16 at 11:19 am to
Well it happened 20 something years ago so maybe that law didn't exist?

quote:

A. A person who uses reasonable and apparently necessary or deadly force or violence for the purpose of preventing a forcible offense against the person or his property in accordance with R.S. 14:19 or 20 is immune from civil action for the use of reasonable and apparently necessary or deadly force or violence.


I wouldn't call shooting someone who rang the doorbell reasonable use of deadly force. If that guy wouldn't have answered the door, that kid may still be alive today.

This post was edited on 2/17/16 at 11:25 am
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