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re: Bucks and Magic are boycotting tonight's game UPDATE All games postponed

Posted on 8/29/20 at 2:39 pm to
Posted by shel311
McKinney, Texas
Member since Aug 2004
111292 posts
Posted on 8/29/20 at 2:39 pm to
quote:

How many times must this be repeated: Wisconsin IS NOT A STAND YOUR GROUND STATE!
He didn't stand his ground, he retreated... Both videos.

quote:

You MUST demonstrate your life was in imminent mortal danger or imminent grave bodily harm
Don't think that'll be hard to do, considering one guy had a gun and wishes he had shot sooner

quote:

deciding you don’t want to retreat anymore, is not that. Let alone when you swing around and fire indiscriminately and apparently shoot someone in the back after they are down
Here we go with indiscriminately again. That word doesn't mean what you think it does. He shot the exact guy who was attacking him, literally the opposite of what you're disingenuously insinuating.

quote:

The rest of your post largely becomes irrelevant because you are propping up arguments on unsupportable assumptions.


Says the guy who thinks being attacked with a swinging skateboard and by a gun with a gun who admitted to wishing he had shot Kyle doesn't constitute a threat to his life.
This post was edited on 8/29/20 at 2:41 pm
Posted by Bronc
Member since Sep 2018
12646 posts
Posted on 8/29/20 at 2:52 pm to
Stand your ground is more than just not having a duty to retreat, it is typically a very vague definition of justifiable lethal force that basically includes feeling threatened and creates an enormous issue in terms of establishing clear legal lines and precedents. In such a state, yeah, Kyle could probably leverage such a shitty, counter-productive law to claim self defense. In Wisconsin? Not likely going to be so easy.

In Wisconsin the threshold is higher. You must be able to demonstrate your life was in imminent mortal danger or bodily harm.Complicated further if Kyle was the initial antagonist. It would be a stretch of an order of magnitude to think you are in imminent mortal danger if, speaking to the first murder, an unarmed person is simply running at you or lunging at you with only a fist.


You might be able to get some warped jury or some exceptional lawyer to make some absurd case that his client is such a pussy that he felt, despite having a gun, that this skinny kid lunging at him unarmed was gonna punch him to death and he had no other capable avenue before resorting to lethal force, but it’s stretching it by quite a lot.

And AGAIN, you and I DO NOT know the context in which led to that chase. Wisconsin law also states clearly:

(a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant.

Again, lunging, chasing, hearing a gunshot you cant orientate, not even trying to physically restrain the pursuer before resorting to lethal force, that is a stretch of enormous proportions to claim justifiable lethal force in the name of self defense.

He is going to have a tough go claiming self defense on the first murder, probably, likely going to be able to get out of the second one, but I am not the jury.....Still none of that changes the points made yesterday, or the larger issue of the disproportionate way the police uphold the law based on color of skin and prejudice in the community, and the handling of Kyle brings to bear I clear and concisely that systemic failure that are continuing to gloss over to prop up your boy the militia racist.
This post was edited on 8/29/20 at 3:03 pm
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