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re: Fully loaded 9mm found in Smiths car

Posted on 4/12/16 at 7:23 pm to
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287934 posts
Posted on 4/12/16 at 7:23 pm to
quote:

Manager at Sake said that none of the Smith party were impaired.




not being impaired /=/ drinking
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 4/12/16 at 7:24 pm to
Jeeze LE, you're putting in some serious time over this shite. You related to this Hayes cat or something?
Posted by jorconalx
alexandria
Member since Aug 2011
10519 posts
Posted on 4/12/16 at 7:24 pm to
quote:

Don't mind LE he stated in a thread that got deleted that he was related to hayes. He's trying to prove his innocence.


Really?
Posted by BigBrod81
Houma
Member since Sep 2010
22483 posts
Posted on 4/12/16 at 7:26 pm to
quote:

But please enlighten us with your knowledge of the law.


That fact that Hayes was outside of his vehicle (his property) all but removes any defense for stand your ground. Smith would have had to approach Hayes'vehicle in a threatening matter with Hayes still inside for him to have any argument for stand your ground.

quote:

The OPD spokesperson pulled from Louisiana Criminal Law (RS 14:19), the section entitled "Use of Force or Violence in Defense."

In Louisiana, the law is specifically written for non-homicide situations. It reads, “A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.”

The subjectivity comes into play with the word “reasonable.” Later, the law clarifies that the shooter is never expected to retreat, provided he or she had a “reasonable belief that force or violence was reasonable” to prevent the trespasser’s unlawful entry into his or her home (vehicle).


quote:

The legal expert clarified that the issue becomes murkier if the shooter kills the perceived intruder. "Basically, if you're inside property (house, business, car), you can use force to stop someone if you know someone is trying to get into the property that you are presently in," said the attorney. Therefore, the defense will likely try to prove that Landry was trying to prevent Coulter from entering his home.

You can use deadly force if the person making the entry is likely to use force against an occupant OR if the force is necessary to stop the unauthorized entry


quote:

The shooter must believe that he or she was in “imminent danger” of losing his or her life, that the INTRUDER was planning to use unlawful force to burglarize or rob his or her property, or that deadly force was the only means of removing the INTRUDER from the premises.


LINK
This post was edited on 4/12/16 at 7:56 pm
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287934 posts
Posted on 4/12/16 at 7:26 pm to
nope, just find the whole thing interesting
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 4/12/16 at 7:27 pm to
I find that a little hard to believe.
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
19995 posts
Posted on 4/12/16 at 7:27 pm to
quote:

What would you do if someone pulls a gun on you. I'm not trying to justify the shooting now, im just asking personally what you do.


I've had a gun pulled on me. I parked in the overflow lot across from Power Hall on LSU campus and was walking back to Annie Boyd Hall after a night at Shanahan's and The Bengal.

I was carrying a purse.

It became his purse.
Posted by ipodking
#StopTalkingAboutWomensSports
Member since Jun 2008
58328 posts
Posted on 4/12/16 at 7:27 pm to
quote:

Manager at Sake said that none of the Smith party were impaired.


It doesn't matter what the manager said. The toxicology report will tell us if Smith was under the influence
Posted by Red Stick Tigress
Tiger Stadium
Member since Nov 2005
19995 posts
Posted on 4/12/16 at 7:30 pm to
quote:

It doesn't matter what the manager said. The toxicology report will tell us if Smith was under the influence


It kind of does matter because some of the Rantards have been stating that everyone will lie to protect Will Smith.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287934 posts
Posted on 4/12/16 at 7:32 pm to
so you are saying they wont find any alcohol in his system?
Posted by BigBrod81
Houma
Member since Sep 2010
22483 posts
Posted on 4/12/16 at 7:32 pm to
quote:

Don't mind LE he stated in a thread that got deleted that he was related to hayes. He's trying to prove his innocence.


Look up in the sky, it's a bird, it's a plane, no it's Captain Save a Hoe mayne!!!


Posted by lsupride87
Member since Dec 2007
107909 posts
Posted on 4/12/16 at 7:33 pm to
It really doesn't matter at all what the sake owner said. The toxicology report is what matters

Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17552 posts
Posted on 4/12/16 at 7:33 pm to
quote:

He was shot in torso and back. There is no scenario in my opinion that justifies both.


Ummm... "if" smith had his gun and was turned towards hayes the first shot from hayes enters torso and it spins smith. Hayes continues firing to neutralize the threat from smith.

So there is a "possible" scenario that COULD justify the actions of hayes
Posted by Vacherie Saint
Member since Aug 2015
45901 posts
Posted on 4/12/16 at 7:34 pm to
quote:

Lol? This changes nothing on its face.


Agreed. This is South Louisiana. Having a loaded firearm in your vehicle is a nothingburger
Posted by lsupride87
Member since Dec 2007
107909 posts
Posted on 4/12/16 at 7:34 pm to
Whatever she says, I will expect a video/report in the next few hours that shows the exact opposite

And then when you point it out, she and others will say it doesn't matter and "you must be related to Hayes" for pointing it out
Posted by Lester Earl
3rd Ward
Member since Nov 2003
287934 posts
Posted on 4/12/16 at 7:36 pm to
quote:

Agreed. This is South Louisiana. Having a loaded firearm in your vehicle is a nothingburger



i'll ask you the same thing.

had they not found a gun, do you think there is any chance anyone believes Hayes plea for self defense?
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 4/12/16 at 7:36 pm to
He's going to jail, period. If they don't get murder, for sure his gun wasn't registered and he had no cc permit.

The scenario is Smith grabbed his gun when a mad beast was approaching his car. All 100% legal.

The hit and run DOESN'T MATTER. It was over, although it was a crime, doesn't justify chasing and assaulting people because you're mad. And then walking up to their car with a loaded illegally possessed gun and shoot NINE TIMES!
Posted by LNCHBOX
70448
Member since Jun 2009
88576 posts
Posted on 4/12/16 at 7:37 pm to
quote:

I think this dude gets off pretty light with this now confirmed information



Posted by lsupride87
Member since Dec 2007
107909 posts
Posted on 4/12/16 at 7:37 pm to
Here is the thing Lester:

They argued for a day saying Smith didn't hit and run and smith didn't have a gun.

Then, when he did, they say oh well it doesn't matter

If they didn't think it mattered, why did they make shite up and argue so much about it before?
Posted by BigBrod81
Houma
Member since Sep 2010
22483 posts
Posted on 4/12/16 at 7:38 pm to
quote:

Ummm... "if" smith had his gun and was turned towards hayes the first shot from hayes enters torso and it spins smith. Hayes continues firing to neutralize the threat from smith.

So there is a "possible" scenario that COULD justify the actions of hayes


My goodness! If this were a legitimate scenario here, there wouldn't have been a need for a warrant to obtain Smith's gun because it would have been in the open when he was shot. The fact that a warrant was needed means the gun was still in a compartment in the Smith's SUV. How hard is this to comprehend?
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