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re: Off-duty cop shot and killed a non-verbal, intellectually disabled man in a Cali Costco

Posted on 6/17/19 at 7:51 pm to
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48329 posts
Posted on 6/17/19 at 7:51 pm to
quote:

So you can shoot someone you argue with? If an autistic person pushes you, shoot them?


The law in Cali is similar to most states. The shooter needs to be reasonable apprehension of death or great harm to himself or another. The fact that the victim is autistic will be irrelevant unless it can be shown that the shooter knew or should have known that fact.

There is no possible way to determine whether this was justified on just the information in the article posted.
Posted by Ric Flair
Charlotte
Member since Oct 2005
13668 posts
Posted on 6/17/19 at 7:54 pm to
If my 5 year old has autism, and pushes your five year old into the swimming pool, can you shoot him?It could cause death (by your kid drowning).
Posted by KosmoCramer
Member since Dec 2007
76547 posts
Posted on 6/17/19 at 7:54 pm to
quote:

The law in Cali is similar to most states. The shooter needs to be reasonable apprehension of death or great harm to himself or another. The fact that the victim is autistic will be irrelevant unless it can be shown that the shooter knew or should have known that fact.



Things like negligent homicide, involuntary manslaughter, etc. can still be in play.
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