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Addis man arrested after shooting neighbor attacking him in his own garage
Posted on 6/17/22 at 12:52 pm
Posted on 6/17/22 at 12:52 pm
Based on present information this seems wrong.
LINK
Unarmed assailant, and in his own garage. Some potential grey areas there. I guess it depends on how realistic the threat of death or serious bodily was.
What say you? Should the guy have just taken the beating?
ETA: some more info near the bottom by a poster from the neighborhood. Pretty different look if true.
quote:
ADDIS - Robert Martin of Addis is facing attempted second-degree murder charges after shooting and wounding his neighbor on Tuesday evening.
He says he was protecting his family when he shot the man in self-defense. Martin's wife says the neighbor chased him into the garage where her husband was after an argument with the man turned physical.
"He came charging, he just came, and he came in hot, his eyes were huge, and they were just coming towards me. And I'm standing there, 'No, no, no,'" Martin said.
Brandy said the neighbor was inside her garage when her husband shot the man.
The police report says that Martin admitted to shooting his neighbor and that the man was not armed.
No bond has been set on Martin, and while the neighbor recovers in the hospital, his wife won't stay at their home until her husband is out of jail.
LINK
Unarmed assailant, and in his own garage. Some potential grey areas there. I guess it depends on how realistic the threat of death or serious bodily was.
What say you? Should the guy have just taken the beating?
ETA: some more info near the bottom by a poster from the neighborhood. Pretty different look if true.
This post was edited on 6/17/22 at 2:13 pm
20
Posted on 6/17/22 at 12:54 pm to Havoc
Not getting outraged till the DA makes a call.
Posted on 6/17/22 at 12:55 pm to Havoc
quote:
his eyes were huge
Case closed. Not guilty.
Posted on 6/17/22 at 12:56 pm to Havoc
If you run at me in my garage with my wife and kids in the house I'm doing the same. He better walk
Posted on 6/17/22 at 12:56 pm to Havoc
I’m curious about this one. If he was shot while retreating, or something.
Posted on 6/17/22 at 12:57 pm to Havoc
quote:
Unarmed assailant, and in his own garage.
This is key. Doesn’t matter that the assailant was unarmed. People can be beaten to death or suffer severe bodily injury from fists and kicks.
Posted on 6/17/22 at 1:01 pm to Evil Little Thing
So far just the wife’s side. Will wait to hear more. But if accurate then “not guilty”.
Posted on 6/17/22 at 1:01 pm to Havoc
My garage is the favorite part of my house. My beer fridge, deep freezer and tools are all in there. Can't say I blame the guy for popping him.
Posted on 6/17/22 at 1:01 pm to Havoc
quote:Former LEO here, and this is exactly right.
I guess it depends on how realistic the threat of death or serious bodily was.
If old dude can reasonably articulate that he was in fear for his life, I think the murder charge evaporates.
I used to tell my officers we operated by the SOYAADN principle in the event of an OIS - Sit On Your arse And Do Nothing. Don't say anything. Make no statement.
IA is going to try to get a statement from you, maybe some brass, maybe even a union rep...don't say shite until the union lawyer pulled up.
If dude can get even a half decent SU grad as an attorney this should wash, based on what's presented now.
EDIT: Personally, I'd have put a pocket knife on top of a tool box or table before the police showed up. I'd tell my attorney he entered my garage, locked his eyes on the knife and said he was going to kill me.
Dead men tell no tales.
This post was edited on 6/17/22 at 1:04 pm
Posted on 6/17/22 at 1:03 pm to Havoc
might have been an unarmed midget or something
otherwise I think the use of deadly force is reasonable.
otherwise I think the use of deadly force is reasonable.
This post was edited on 6/17/22 at 1:04 pm
Posted on 6/17/22 at 1:06 pm to Evil Little Thing
quote:
I’m curious about this one. If he was shot while retreating, or something.
Looks that way so far. Of course, you don’t have a duty to retreat under our self defense laws, but I’m sure it helps when analyzing the overall guilt. Which is kinda weird in a way, as in, it’s not a legal requirement but you know it’s still considered informally.
Posted on 6/17/22 at 1:08 pm to Havoc
You don't have to wait to get your arse kicked before defending yourself.
Posted on 6/17/22 at 1:09 pm to Havoc
No castle doctrine?
Posted on 6/17/22 at 1:14 pm to Havoc
quote:
Brandy said
Pics?
Posted on 6/17/22 at 1:16 pm to Havoc
Seems like the Addis PD felt the need to “do something”. CYA move. DA will dismiss the charges if this is all there is to it and no one will
care.
care.
Posted on 6/17/22 at 1:24 pm to Havoc
quote:
I guess it depends on how realistic the threat of death or serious bodily was
weapons are not required to kill someone. bare hands and feet are suffice. the threat of death is always there if someone is attacking you.
conclusion: you come after me in my house I will put you down.
Posted on 6/17/22 at 1:25 pm to alphaandomega
quote:
quote: Brandy said Pics?
She’s a fine girl
Posted on 6/17/22 at 1:26 pm to Havoc
Based off current info
100% clean shoot !
Why the frick are they arresting him ?
100% clean shoot !
Why the frick are they arresting him ?
Posted on 6/17/22 at 1:47 pm to Havoc
From what I heard there is previous beef between the neighbors including an arrest. Recent development was due to the defendants son speeding through the neighborhoods on a four wheeler. When victim went to say get control of his kid defendant pulled a shovel because he was mad victim was “trying to tell him out to raise his kid.” Victim says if you are going to fight me fight me like a man we are done here and is walking away. Defendant say something to victim and victim turns and get shot in chest.
This happened in my neighborhood and somehow I didnt hear a gunshot cops nothing.
INB4 Yes Im trashy
This happened in my neighborhood and somehow I didnt hear a gunshot cops nothing.
INB4 Yes Im trashy
Posted on 6/17/22 at 2:03 pm to Havoc
quote:
I guess it depends on how realistic the threat of death or serious bodily was.
What say you? Should the guy have just taken the beating?
If physical violence is a possibility, I would think he can overcome the charges and claim self-defense. How many times have you heard/read stories about a single punch (doesn't even have to be good or strong) knocked someone off their feet and they landed wrong and hit their head. Go to hospital and either have serious bodily harm, or pass away.
I have also been told by several people I would trust to advice me, that as a citizen (maybe different for LEO & military) you can actually escalate a threat of bodily harm and still claim self-defense. Something along the lines of you would need to use more to stop their threat (my attorney would obviously be there to argue this for me).
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