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re: 55 year old lifeguard charged with murder after shooting 2 teens in Chicago

Posted on 6/29/25 at 8:58 pm to
Posted by Riverside
Member since Jul 2022
10809 posts
Posted on 6/29/25 at 8:58 pm to
No, not correct.

From People v. Goetz:

quote:

On Saturday afternoon, December 22, 1984, Troy Canty, Darryl Cabey, James Ramseur, and Barry Allen boarded an IRT express subway train in The Bronx and headed south toward lower Manhattan. The four youths rode together in the rear portion of the seventh car of the train. Two of the four, Ramseur and Cabey, had screwdrivers inside their coats, which they said were to be used to break into the coin boxes of video machines.

Defendant Bernhard Goetz boarded this subway train at 14th Street in Manhattan and sat down on a bench towards the rear section of the same car occupied by the four youths. Goetz was carrying an unlicensed .38 caliber pistol loaded with five rounds of ammunition in a waistband holster. The train left the 14th Street station and headed towards Chambers Street.

It appears from the evidence before the Grand Jury that Canty approached Goetz, possibly with Allen beside him, and stated "give me five dollars". Neither Canty nor any of the other youths displayed a weapon. Goetz responded by standing up, pulling out his handgun and firing four shots in rapid succession. The first shot hit Canty in the chest; the second struck Allen in the back; the third went through Ramseur's arm and into his left side; the fourth was fired at Cabey, who apparently was then standing in the corner of the car, but missed, deflecting instead off of a wall of the conductor's cab. After Goetz briefly surveyed the scene around him, he fired another shot at Cabey, who then was sitting on the end bench of the car. The bullet entered the rear of Cabey's side and severed his spinal cord.
Posted by dragginass
Member since Jan 2013
3256 posts
Posted on 6/29/25 at 8:59 pm to
I'm not reading through all 10 pages, but it looks to me like one of the yutes drew a gun on him first. Look at the dude I circled, then watch the video again.

[url=LINK ] [/url]
Posted by Riverside
Member since Jul 2022
10809 posts
Posted on 6/29/25 at 9:01 pm to
And neither was there an actual attack in Goetz. I’m not sure why you feel compelled to argue at this point.

My original point is that the common law concept of self-defense is more than sufficient to justify this shooting. “Stand your ground” is irrelevant. This is amply supported by the Goetz case.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:02 pm to
quote:

My original point is that the common law concept of self-defense is more than sufficient to justify this shooting. “

But it's not. One jury from NYC when it was Hell on Earth doesn't invalidate what the common law is.

Proportionality is an important variable, ESPECIALLY if deadly force is used.
Posted by RelicBatches86
Florida
Member since Nov 2024
1539 posts
Posted on 6/29/25 at 9:10 pm to
I'd like to say I'm surprised in 2025 people defending this are justifying shooting when a group of Black people walks by and looks at them


Posted by Riverside
Member since Jul 2022
10809 posts
Posted on 6/29/25 at 9:14 pm to
First, Chicago is probably more dangerous right now than NYC in the 1980s. In any event, “proportionality” has never been an element of self-defense and it’s not in Illinois. The elements in Illinois are nearly identical to those in Goetz. It will all turn on whether the jury thinks this was a reasonable use of force under the circumstances.

quote:

Thus, consistent with most justification provisions, Penal Law § 35.15 permits the use of deadly physical force only where requirements as to triggering conditions and the necessity of a particular response are met (see, Robinson, Criminal Law Defenses § 121 [a], at 2). As to the triggering conditions, the statute requires that the actor "reasonably believes" that another person either is using or about to use deadly physical force or is committing or attempting to commit one of certain enumerated felonies, including robbery. As to the need for the use of deadly physical force as a response, the statute requires that the actor "reasonably believes" that such force is necessary to avert the perceived threat.



Again, not sure why you feel compelled to argue about this. Your points regarding “stand your ground” are totally irrelevant.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:16 pm to
quote:

First, Chicago is probably more dangerous right now than NYC in the 1980

HOLY shite
Posted by SmackoverHawg
Member since Oct 2011
31608 posts
Posted on 6/29/25 at 9:17 pm to
quote:

I'd like to say I'm surprised in 2025 people defending this are justifying shooting when a group of Black people walks by and looks at them


Defend? Not really. Bad situation for the guy to be in. You're in complete denial if you don't think something was about to go down. Were they going to harm him physically? Who knows? There was zero reason for them to be grouped around him in such close proximity. Blue/green shirt obviously did something to trigger him. We don't know much more than that other than his response. He might could defend himself on the first fellow, but not the second who was retreating.

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:18 pm to
quote:

"reasonably believes" that another person either is using or about to use deadly physical force or is committing or attempting to commit one of certain enumerated felonies, including robbery


quote:

Again, not sure why you feel compelled to argue about this.


Because none of the above requirements exist

No use of force, let alone deadly force

And no felonies, let alone the required enumerated ones (like Robbery)
Posted by DeltaTigerDelta
Member since Jan 2017
13990 posts
Posted on 6/29/25 at 9:19 pm to
Posted by SmackoverHawg
Member since Oct 2011
31608 posts
Posted on 6/29/25 at 9:21 pm to
quote:

ecause none of the above requirements exist

No use of force, let alone deadly force

And no felonies, let alone the required enumerated ones (like Robbery)

Do we know what green shirt was pulling out of the bag or what he dropped?
Posted by reggierayreb
Member since Nov 2012
19700 posts
Posted on 6/29/25 at 9:26 pm to
Some people say they’d rather be judged by 12 than carried by 6. This guy is living that in real time.


This post was edited on 6/29/25 at 9:29 pm
Posted by Riverside
Member since Jul 2022
10809 posts
Posted on 6/29/25 at 9:27 pm to
quote:

Because none of the above requirements exist


Not true. I have given you the news accounts that state there had been a prior altercation between the teens and the lifeguard before the shooting.


quote:

And no felonies, let alone the required enumerated ones (like Robbery)


The lifeguard claims he reasonably believed the teens were trying to steal his bike and attack him. The law allows you to use deadly force to protect yourself and your property if it’s reasonable under the circumstances.

There’s clearly a jury question on self-defense in this case.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:29 pm to
quote:

Do we know what green shirt was pulling out of the bag or what he dropped?


quote:

Witnesses also said none of the three teenage boys had a weapon, prosecutors said.


quote:

Marjay walked past the Leto along the sidewalk, while Victim 3, still on the grassy area, reached toward Leto's bike


LINK
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:34 pm to
quote:

. I have given you the news accounts that state there had been a prior altercation between the teens and the lifeguard before the shooting.


That prior altercation isn't an example of a person about to use deadly force. Which enumerated felony fits?

quote:

The lifeguard claims he reasonably believed the teens were trying to steal his bike and attack him.


That isn't an example of a person about to use deadly force. Which enumerated felony fits?

quote:

There’s clearly a jury question on self-defense in this case.

Nobody is saying that isn't a possibility.
Posted by RohanGonzales
Pronoun: Whatever
Member since Apr 2024
10696 posts
Posted on 6/29/25 at 9:37 pm to
quote:

SlowFlowPro


piece of shite defending thugs of a certain hue - of course!
Posted by RealDawg
Dawgville
Member since Nov 2012
11315 posts
Posted on 6/29/25 at 9:45 pm to
Right..they just all rolled up 2’ from the dude from all directions to help him change his tire.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477065 posts
Posted on 6/29/25 at 9:46 pm to
quote:

piece of shite defending thugs of a certain hue - of course!


What the frick
Posted by SmackoverHawg
Member since Oct 2011
31608 posts
Posted on 6/29/25 at 9:46 pm to
After reading that, it sounds like they were up to no good and picked the wrong guy. Seems like they got "Falling Down" Michael Douglas. Marine to banker to lifeguard? Let's steal his bike and f#$k with him.

Judging by what he had in his bag, he was prepared. Once again, they are obviously up to something in the video and the back story explains it. He's screwed though.
Posted by AUstar
Member since Dec 2012
19621 posts
Posted on 6/29/25 at 9:49 pm to
quote:

Defendant Bernhard Goetz boarded this subway train at 14th Street in Manhattan and sat down on a bench towards the rear section of the same car occupied by the four youths. Goetz was carrying an unlicensed .38 caliber pistol


This post was edited on 6/29/25 at 9:55 pm
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