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

Posted on 8/30/20 at 4:07 am to
Posted by Soggymoss
Member since Aug 2018
14708 posts
Posted on 8/30/20 at 4:07 am to
Wisconsin is not a stand your ground state, however that does not mean you cannot defend yourself. The difference between stand your ground and self defense is with stand your ground laws you do not have a duty to retreat. Wisconsin's law however states as follows

quote:

A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself.


Kyle was being attacked by multiple people, including those trying to take his gun. He had every reason to reasonably believe that his life was in danger. Now, I realize he was already in violation of the law by carrying as a 17 year old, however that does not preclude him from being able to defend himself, as stated in 939.48 section 2 subsection A

quote:

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.


And lastly, even IF he initially was the aggressor and provoked a fight, he his still covered in subsection B because he began retreating

quote:

The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant.


The one provoking has no right to self defense claims (Kyle's attackers) as stated in subsection C

quote:

A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.


Again, under Wisconsin law, it is a clear cut 100% self defense.

LINK
Posted by Bronc
Member since Sep 2018
12646 posts
Posted on 8/30/20 at 10:13 am to
Welcome to the discussion being had for the last two pages Soggy. See, I knew you could do it! Have a discussion instead of spamming partisan nonsense.

Now, let’s start at the beginning here.

Key being reasonable belief lethal force was necessary to stop imminent death and the claim of self defense or justifiable homicide.

So let’s go to the beginning.

Kyle may or may not have threatened several protestors with what amounted to kidnapping and lethal force(reports out of the local paper are now also that earlier in the night his group was pointing their guns at multiple passing protestors and threatening them, this will be important in any self defense claim because if Kyle was engaging in that and agitating earlier or indicating he wanted confrontation, self defense looks more like opportunity, especially when combined with his call to his friend, not authorities, that he killed someone). Regardless, Kyle is apparently blocks away from where he supposedly was called in to guard, conflict happened and Kyle has a plastic bag thrown at him, Kyle was then pursued by an unarmed person. Upon reaching a new location Kyle stops near a car, hears a gunshot, quickly turns and fires four shots in the direction of the crowd and pursuer, Including a shot that would appear to be a double tap to the victims back.

Now I don’t know about you, but an unarmed person running at me is not imminent death. Maybe you are a pussy but if I have an AR, there are several options I have before using lethal force. Including continuing to run away. Kyle is going to have to convince a jury for why lethal force was justifiable against an unarmed pursuer he may have given reason to believe intended to harm. From my perspective you have a kid responding to a call to implicit violence on Facebook, obtaining and carrying an illegal weapon to a protest, potentially across state lines, reportedly involved directly with a group making statements to the effect they would shoot people multiple times, potentially threatened protestors with lethal force throughout the night, who then temporarily evaded people that saw him as enough of a threat to try and disarm him, then reflexively reacted and shot toward a crowd and his pursuer. Self defense requires more than just the immediate moment as well. All of that leading up will be taken into account. Again, his initial context will be as a vigilante and outside agitator responding to an implicit call to violence/confrontation through social media. Who may have been agitating up to and including the moment the conflict with a Rosenbaum began. A lot of you want to make this woman assaulting criminal into a hero because he killed some libs and racist Tucker praised him, not sure it is going to be that easy in a court of law when all the extenuating circumstances are brought into context for a jury.

That aside, the larger matter still stands, even more so as that same local report today seemingly confirms the police were in fact funneling protestors to the militia and for all intents and purposes instigating violence and conflict, while disproportionately enforcing the curfew and the law only toward protestors. Essentially proving in real time the grievances being expressed by the protests....It all comes back to the failure of America’s police here, who if instead of acting like a gang of thugs, simply did their jobs impartially, would have kept Kyle out of a murder charge and allowed three people to come home alive or not severely injured.
This post was edited on 8/30/20 at 10:20 am
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