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re: Daniel Perry Trial - Man who shot Austin protestor. Verdict Guilty. Abbot seeking pardon

Posted on 4/13/23 at 7:41 pm to
Posted by SUB
Member since Jan 2001
Member since Jan 2009
20804 posts
Posted on 4/13/23 at 7:41 pm to
quote:

I don't give a shite what that driver may have said in conversation prior to that event.


The jury sure did though. I’m not saying I agree with them either. That’s why I posted all those questions. It’s rather confusing how and when self defense can and can’t be used.

Let me ask you this. Let’s say hypothetically that Daniel Perry called a friend just before doing what he did and told him that he is going to drive into this protest and see if anyone wants to frick around and find out. Would he still have a self defense claim? I honestly don’t know the answer.


*Update* Texas board is reviewing clemency for Daniel Perry for killing BLM protester
This post was edited on 2/15/24 at 9:11 pm
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32424 posts
Posted on 4/14/23 at 8:56 am to
quote:

Let me ask you this. Let’s say hypothetically that Daniel Perry called a friend just before doing what he did and told him that he is going to drive into this protest and see if anyone wants to frick around and find out. Would he still have a self defense claim? I honestly don’t know the answer.


If you go into a neighborhood that is known for crime and sit in your parked car at 2am and someone comes up to your car and attempts to carjack/rob you, do you still have the right to defend yourself?
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79170 posts
Posted on 4/14/23 at 9:03 am to
Typically the aggressor can't use self-defense unless there is an escalation. If you are in a fistfight you started, and someone pulls a knife on you and then you pull a gun, I believe self defense would be back in play. Not a criminal atty, but that's what I recall.

As for a general FAFO mindset and just availing yourself of a dangerous situation, I think that's much murkier. I think it's unwise, of course. But the frustrating thing here is that the BLM folks were always the aggressors in any reasonable sense. They were the ones riled up and violent and blocking the roadways and engaging in other unlawful activity. I'm not saying that people trying to "take matters into their own hands" were doing so for morally pure reasons, but the circumstances were created by a) unlawful activity by bad actors and b) a lack of will on the part of government to stop it and therefore restore order.

Posted by Scoob
Near Exxon
Member since Jun 2009
20364 posts
Posted on 4/14/23 at 9:37 am to
quote:

Typically the aggressor can't use self-defense unless there is an escalation. If you are in a fistfight you started, and someone pulls a knife on you and then you pull a gun, I believe self defense would be back in play. Not a criminal atty, but that's what I recall.
I don't know the laws, but that sounds sketchy.

Suppose the other guy is older, has a medical condition etc? Afraid that being attacked could seriously jeopardize his life or health?

So, someone could attack him, he uses a knife (only means of defense he has on his person) to try to survive, and this suggests the aggressor could then shoot him? That doesn't sound right.

As I said, I don't know the laws, but I would THINK the aggressor forfeits self-defense. Saying "oh, he just wanted to 'kick his arse'" doesn't seem legit. When someone attacks you, you don't know the ultimate intention. You might get your skull kicked in, if you go down.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76270 posts
Posted on 4/14/23 at 10:31 am to
You’re trying to apply logic to a wokester persecution
Posted by Havoc
Member since Nov 2015
28293 posts
Posted on 4/14/23 at 10:51 am to
Question for any with criminal jury trial knowledge:

Could voir dire have been as specific as “do you support or oppose BLM protests?” to exclude potential jurors that opposed? Or something similar?
Posted by inspectweld
Member since Feb 2021
665 posts
Posted on 4/14/23 at 10:54 am to
It`s a scary thought when a man is found guilty when he shoots someone pointing a gun at him.
Posted by SUB
Member since Jan 2001
Member since Jan 2009
20804 posts
Posted on 4/14/23 at 7:14 pm to
They just unsealed a bunch of social media posts and other messages. LINK

I can’t seem to find the raw documents, but just articles about it. Anyone find the full 76 page doc that contains dozens of messages? They are now painting him as some huge racist.
This post was edited on 4/14/23 at 7:15 pm
Posted by Havoc
Member since Nov 2015
28293 posts
Posted on 4/14/23 at 7:23 pm to
I think there’s a download link for it further down in that page, about midway.
Posted by Havoc
Member since Nov 2015
28293 posts
Posted on 4/14/23 at 7:36 pm to
Damn they grabbed over 250 posts and whatnot, many don’t even seem related to the charges.
Posted by SUB
Member since Jan 2001
Member since Jan 2009
20804 posts
Posted on 4/14/23 at 7:48 pm to
Thanks baw. Here’s the full doc.

LINK
Posted by SUB
Member since Jan 2001
Member since Jan 2009
20804 posts
Posted on 4/14/23 at 8:03 pm to
I’m 11 pages in. Most of it is just someone who spends too much time on his phone posting memes. Pretty trivial. But this.



Wtf?
This post was edited on 4/14/23 at 8:37 pm
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76270 posts
Posted on 4/14/23 at 8:24 pm to
quote:

They are now painting him as some huge racist.


Going with the familiar Rittenhouse playbook. White supremacist who kills white people.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25609 posts
Posted on 4/14/23 at 8:34 pm to
Any TX crim lawyers around? I know TX allows extraneous offense evidence and extraneous sex crimes against children to be admitted but is it admissible where the crime at bar is not a sex crime (with or without a child victim)? The evidence of grooming pops up I think 4 times in the Intent to Introduce and it just seemed odd to me.
Posted by nerd guy
Grapevine
Member since Dec 2008
12703 posts
Posted on 4/14/23 at 8:58 pm to
quote:

OUTGOING MESSAGE: ?Look I don?t want to lose you but calling me a mash
potato is where I draw the line.?


Posted by This GUN for HIRE
Member since May 2022
2880 posts
Posted on 4/14/23 at 9:03 pm to
quote:

DA withheld 100+ pages of evidence straight from the lead detective


Could his defense attorney not have obtained this as well? Sounds like this Perry fellow did not have the best lawyer, providing the best defense too good along with all the corrupt DA bs. Not a recipe for a good verdict
Posted by Havoc
Member since Nov 2015
28293 posts
Posted on 4/14/23 at 9:06 pm to
Note:
quote:

The document was not used during his trial, but they point to evidence the State intends to introduce during the punishment phase.
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7680 posts
Posted on 4/14/23 at 9:51 pm to
quote:

They just unsealed a bunch of social media posts and other messages. LINK



He is guilty of thought crime. Just like most of the Jan. 6 people.
Posted by SUB
Member since Jan 2001
Member since Jan 2009
20804 posts
Posted on 2/15/24 at 9:12 pm to
Posted by TxWadingFool
Middle Coast
Member since Sep 2014
4369 posts
Posted on 2/15/24 at 9:19 pm to
Good ol Liberal Rag AAS spinning that shite like only they can.
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