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

Posted on 8/30/20 at 10:27 am to
Posted by Soggymoss
Member since Aug 2018
14710 posts
Posted on 8/30/20 at 10:27 am to
quote:

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.


As stated above in the law even the agitator has a right to self defense as long as gives him/herself up and begins retreating, which means EVEN if Kyle was antagonistic towards them, he still began to retreat and run away. Again, clear cut self defense.

You stated the EXACT reason he has to have fear for his life. He hears a gunshot behind him turns around and a guy is chasing him trying to take his AR. There's plausible reason to believe the gunfire came from the guy chasing him, even if you cannot visibly see the gun.
This post was edited on 8/30/20 at 10:29 am
Posted by shel311
McKinney, Texas
Member since Aug 2004
111301 posts
Posted on 8/30/20 at 10:34 am to
quote:


As stated above in the law even the agitator has a right to self defense as long as gives him/herself up and begins retreating, which means EVEN if Kyle was antagonistic towards them, he still began to retreat and run away. Again, clear cut self defense
I told him that yesterday, he just refuses to believe as he keeps going with the same talking points and not addressing this fact.

quote:

You stated the EXACT reason he has to have fear for his life. He hears a gunshot behind him turns around and a guy is chasing him trying to take his AR. There's plausible reason to believe the gunfire came from the guy chasing him, even if you cannot visibly see the gun.
zero chance Bronc can logically argue Kyle was beyond any reasonable doubt not in imminent danger.
Posted by Bronc
Member since Sep 2018
12646 posts
Posted on 8/30/20 at 10:49 am to
quote:

As stated above in the law even the agitator has a right to self defense as long as gives him/herself up and begins retreating, which EVEN if Kyle was antagonistic towards them, he still began to retreat and run away. Again, clear cut self defense.

You stated the EXACT reason he has to have fear for his life. He hears a gunshot behind him turns around and a guy is chasing him trying to take his AR. There's plausible reason to believe the gunfire came from the guy chasing him, even if you cannot visibly see the gun.



You are leaving out the “reasonable” component. If Kyle simply heard a shot and blindly fired without confirming anything(which that seems like what happened), he wasn’t making a reasonable determination now was he? He was instead making a reactionary one. If he claims he thought his victim had a gun, that will only compound the idea he was reacting, not reasonably responding to identifiable mortal or bodily harm. But so far his defense seems to be taking a different posture, that Rosenbaum was attempting to take the gun, but from there they would have to make the case Rosenbaum intended to kill him with it, not just disarm a threat.

That line of defense to me also becomes a stretch given the reactionary nature we saw. Especially with an autopsy showing bullets in the groin, hand, and grazing the right side of the forehead, and then crucially, one entering the back. That’s not the markings of someone making a calculated decision to defined imminent mortal danger, that’s someone that heard a noise and reacted with deadly force toward the sound and then double tapped his pursuer. Which the video seems to align with. 4 shots initially then three more after already killing the victim. 5 total hitting the victim.

Again, all in the larger context that I mentioned prior. A hot headed woman assaulter responding to a call to violence on social media, illegally obtaining and brandishing a weapon, and potentially engaging in multiple incidents of threatening protestors with lethal force before the initial fatal conflict.

All gonna come into play with the jury.

But again, the people that should be punished here are the police. Who failed this community again and again and through their prejudice and corrupted enforcement of the law not only allowed this situation to happen, but now apparently, actively strategized toward it by pushing protestors toward the outside agitating militia.
This post was edited on 8/30/20 at 10:52 am
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