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re: Attorney for Hayes says he wasn't the aggressor! w/vid and shocking claims

Posted on 4/11/16 at 10:07 pm to
Posted by htran90
BC
Member since Dec 2012
31833 posts
Posted on 4/11/16 at 10:07 pm to
quote:

There is a red light there. He was stopping at the light



watching it real quickly, but looks like he stopped in the middle of the road abruptly unless I'm clearly mistaken.

Smith more than likely hit and run, so I'm not going to deny he wasn't wrong or at any fault of his own. I just don't fathom or understand why you'd unload a clip on someone, even over something like that. Doesn't look that bad either.

Is maybe 300-400 of repair really worth taking someone's life over? That's what I don't understand, people lose their lives over the smallest, pettiest amount of money. >ike the old man and $8 where he got mugged/robbed/assaulted, the cashier at the corner store who was shot at where they ultimately ended up taking nothing years back, etc.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287787 posts
Posted on 4/11/16 at 10:13 pm to
i think its pretty clear he didnt shoot him over his car, but that is definitely what ignited the exchange
Posted by htran90
BC
Member since Dec 2012
31833 posts
Posted on 4/11/16 at 10:20 pm to
quote:

i think its pretty clear he didnt shoot him over his car, but that is definitely what ignited the exchange



of course, but that's what I meant, its something that is always so petty that starts the chain reaction.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 4/11/16 at 10:30 pm to
lmao, you know a gun argument is turning to shite when people start arguing in favor of warning shots. the true hallmark of the clueless.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10265 posts
Posted on 4/11/16 at 10:35 pm to
Between fighting off the criminal charge and then dealing with the defense of the civil suit that will come, one thing is for sure, his money will evaporate.
Posted by diat150
Louisiana
Member since Jun 2005
47104 posts
Posted on 4/11/16 at 10:37 pm to
quote:

Between fighting off the criminal charge and then dealing with the defense of the civil suit that will come, one thing is for sure, his money will evaporate.


if he gets off on the criminal charge due to self defense, he wont be sued in civil court. I had this same argument with idiots on another saints forum with the trayvon case.
This post was edited on 4/11/16 at 10:38 pm
Posted by CajunsTigersSaints
Member since Jan 2015
4534 posts
Posted on 4/11/16 at 10:40 pm to
quote:


if he gets off on the criminal charge due to self defense, he wont be sued in civil court. I had this same argument with idiots on another saints forum with the trayvon case.

Smiths wife would file a civil suit. And probably win. She got shot for no reason.
Posted by THRILLHO
Metry, LA
Member since Apr 2006
50155 posts
Posted on 4/11/16 at 10:40 pm to
Being charged in criminal court = beyond a reasonable doubt.
Winning a civil trial requires only >50% certainty that the party is liable. See: OJ Simpson.
Posted by diat150
Louisiana
Member since Jun 2005
47104 posts
Posted on 4/11/16 at 10:45 pm to
quote:

Any person "who is in a place where he or she has a right," including a public space, does not have an obligation "to retreat" if faced with a real or perceived threat and "may stand his or her ground and meet force with force."
During criminal court proceedings, a judge or jury can't consider the "possibility of retreat" as a factor in determining whether someone lawfully used force in self-defense.
No one acting in self-defense under these laws can be civilly prosecuted for the use of force, deadly or otherwise.


baws need to read the laws
Posted by WDcajun
Lafayette,La
Member since Dec 2003
4198 posts
Posted on 4/11/16 at 10:49 pm to
You cant tell me Hayes didnt know for a fact Will Smith was in this other vehicle. This whole thing smells revenge.
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10265 posts
Posted on 4/11/16 at 10:50 pm to
Really? Ask ok about that. Can promise you he will be sued.

There is a different standard in criminal court than in civil. A criminal conviction makes it easier. But not getting a criminal conviction does not mean you can't get a civil judgment.
Posted by diat150
Louisiana
Member since Jun 2005
47104 posts
Posted on 4/11/16 at 10:53 pm to
quote:

Really? Ask ok about that. Can promise you he will be sued.

There is a different standard in criminal court than in civil. A criminal conviction makes it easier. But not getting a criminal conviction does not mean you can't get a civil judgment.




read the law.

why didnt zimmerman get sued in civil court? if this guy gets off on self defense I will bet anything he doesnt get sued in civil court.
Posted by THRILLHO
Metry, LA
Member since Apr 2006
50155 posts
Posted on 4/11/16 at 11:00 pm to
Zimmerman didn't have money. Trayvon's family sued and settled with the HOA.
LINK

Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
10265 posts
Posted on 4/11/16 at 11:02 pm to
Because why would anyone sue Zimmerman. He had no money.

This guy has at least some money so you sue and you either win or he has to spend a lot of money he can't replace defending.
Posted by diat150
Louisiana
Member since Jun 2005
47104 posts
Posted on 4/11/16 at 11:05 pm to
quote:

Zimmerman didn't have money. Trayvon's family sued and settled with the HOA.


they settled that before the case went to trial.

the truth is they would have owed zimmerman money if they elected to file a civil suit because the way the law is setup.

essentially they would be wasting their time and money and the courts time and money and it would get thrown out and they would have to pay.
Posted by Fun Bunch
New Orleans
Member since May 2008
127733 posts
Posted on 4/11/16 at 11:08 pm to
We've talked about Stand your Ground. You aren't bringing anything new. First, I would argue it doesn't apply to Hayes for multiple reasons (engaged in unlawful acts, being the aggressor, etc).

Second, all that does, if it does apply, is the DA can't bring up retreat as an option. Self defense still has to be established on its own merits.
Posted by diat150
Louisiana
Member since Jun 2005
47104 posts
Posted on 4/11/16 at 11:09 pm to
Im not saying he is going to win the case based on this... just saying that if he does he wont be sued in civil court.
Posted by SOCAL TIGER
SOCAL
Member since Jan 2005
11258 posts
Posted on 4/12/16 at 12:03 am to
What is POPLAR? fricking savages. I hope someone goes after him and an Atty that represents that murderer!
Posted by csorre1
Member since Apr 2010
6994 posts
Posted on 4/12/16 at 7:01 am to
quote:

Im not saying he is going to win the case based on this... just saying that if he does he wont be sued in civil court.


My concealed carry instructor who works for the DA says the opposite and cites several cases as examples. We spent an hour talking about it.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
19932 posts
Posted on 4/12/16 at 7:13 am to
quote:

you can see his feet on the ground from behind the driver door as if he was leaning in the SUV when he was shot



You cannot prove that he was leaning into the SUV. Once you are shot multiple times, possibly dead, you're not going to be standing tall. Will was dead in those photos slumped over the steering wheel.
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