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re: Gasser didn't testify in McKnight case; Guilty of manslaughter

Posted on 1/26/18 at 4:54 pm to
Posted by fightin tigers
Downtown Prairieville
Member since Mar 2008
79884 posts
Posted on 1/26/18 at 4:54 pm to
quote:

Good luck shooting a guy with his hand on your windowsill and not actually in your house. You better drag the body inside before you call the police.



I agree it doesn't look good. Just saying where do you draw the line if it isn't black/white in/out?
Posted by Lazy But Talented
Member since Aug 2011
15118 posts
Posted on 1/26/18 at 4:55 pm to
Is there a certain hour in the evening that if they don’t come to a decision they break for the day? Or it’s up to them to decide when to call it a night?
Posted by Boomshockalocka
Member since Feb 2004
59966 posts
Posted on 1/26/18 at 5:00 pm to
Imagine all parties involved want to get it done tonight.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/26/18 at 5:01 pm to
quote:

agree it doesn't look good. Just saying where do you draw the line if it isn't black/white in/out?


You have to believe there is no other way to remove them from the property. You can't simply default to deadly force.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/26/18 at 5:12 pm to
quote:



Ken Daley

@Ken_Daley

·

35m

Cardell Hayes’ jury went 5 hrs 40 min before manslaughter verdict in the Will Smith case. RT @RVargasAdvocate: Hour 4 of deliberations at the Ronald Gasser murder trial is done. Jurors enter their fifth hour


Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46437 posts
Posted on 1/26/18 at 5:23 pm to
I would vote guilty of 2nd degree murder for the following reasons:

1) Up to the point JM got out of his car and approached Gasser, Gasser was the aggressor.
2) Gasser hasn’t given any testimony or evidence he attempted to leave/end the conflict

Other random thoughts:

a. When someone approaches a car, especially a taller person approaching a smaller car, they almost always lean down and forward so they are able to look at the driver while talking to them. Placing their hands on the window for balance is a natural gesture and doesn’t automatically indicate aggression. It certainly doesn’t indicate an attempt to enter the vehicle.

b. Gasser could have simply rolled his window up to indicate he wanted to retreat from the conflict.

c. While taking a firearm out 1-2 miles prior to the actual confrontation could mean Gasser was scared, it could also mean he was pissed and planned to use the gun as intimidation or to inflict harm. The fact that he chased JM indicates he wasn’t that scared so the gun must have been planned for use in some way.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/26/18 at 5:24 pm to
Yeah you're pretty much spot on for everything.
Posted by chalmetteowl
Chalmette
Member since Jan 2008
55428 posts
Posted on 1/26/18 at 5:26 pm to
Still think murder is a bit much here... But it is manslaughter at the very least
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
30084 posts
Posted on 1/26/18 at 5:27 pm to
quote:

I would vote guilty of 2nd degree murder for the following reasons: 1) Up to the point JM got out of his car and approached Gasser, Gasser was the aggressor. 2) Gasser hasn’t given any testimony or evidence he attempted to leave/end the conflict Other random thoughts: a. When someone approaches a car, especially a taller person approaching a smaller car, they almost always lean down and forward so they are able to look at the driver while talking to them. Placing their hands on the window for balance is a natural gesture and doesn’t automatically indicate aggression. It certainly doesn’t indicate an attempt to enter the vehicle. b. Gasser could have simply rolled his window up to indicate he wanted to retreat from the conflict. c. While taking a firearm out 1-2 miles prior to the actual confrontation could mean Gasser was scared, it could also mean he was pissed and planned to use the gun as intimidation or to inflict harm. The fact that he chased JM indicates he wasn’t that scared so the gun must have been planned for use in some way.


You discounted the white privilege aspect of this case so he gets off and the riots on Poydras Ave will take place.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 1/26/18 at 5:27 pm to
Have not read through the thread or followed. Did he shoot through a rolled up window? If not he did not take all reasonable steps to protect himself.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/26/18 at 5:30 pm to
quote:

If not he did not take all reasonable steps to protect himself.


That's not required.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46437 posts
Posted on 1/26/18 at 5:31 pm to
The reason I lean 2nd degree murder over manslauter is because (excuse the c&p from Wiki)

quote:

Second-degree murder: any intentional murder with malice aforethought, but is not premeditated or planned.

Voluntary manslaughter: (also referred to as third-degree murder), sometimes called a crime of passion murder, is any intentional killing that involves no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed".

Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[15]
Posted by jlntiger
Member since Feb 2011
1615 posts
Posted on 1/26/18 at 5:32 pm to
He didn’t shoot through a rolled up window but it does matter. JM shouldn’t have approached the car and stuck any part of his body inside. It’s sad the situation even escalated to the point it did. Guy doesn’t deserve murder ,you don’t get out of your car and approach another person’s car. Both people acted stupid .
Posted by Fun Bunch
New Orleans
Member since May 2008
131859 posts
Posted on 1/26/18 at 5:36 pm to
You also don’t deserve to die for getting out of your car and approaching another vehicle. Even if he was screaming at him and carrying on
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 1/26/18 at 5:36 pm to
quote:

He didn’t shoot through a rolled up window but it does matter. JM shouldn’t have approached the car and stuck any part of his body inside. It’s sad the situation even escalated to the point it did. Guy doesn’t deserve murder ,you don’t get out of your car and approach another person’s car. Both people acted stupid .


Again. There is ONE person responsible for the shooting and that’s the shooter.
Posted by lsupride87
Member since Dec 2007
112613 posts
Posted on 1/26/18 at 5:37 pm to
quote:

you don’t get out of your car and approach another person’s car
You also don't get to kill people for doing so either
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/26/18 at 5:42 pm to
Reporters are saying this amount of deliberations makes them skeptical of a guilty verdict on the original charge. I tend to agree.
Posted by LSUGrrrl
Frisco, TX
Member since Jul 2007
46437 posts
Posted on 1/26/18 at 5:44 pm to
Or it means they want dinner and to miss traffic. Hell, I’d hold out until the kids were in bed and call it a staycation
Posted by MightyYat
StB Garden District
Member since Jan 2009
25029 posts
Posted on 1/26/18 at 5:44 pm to
While murder 2 could be charged here I think they were always shooting for manslaugter and 20 years. They almost always overcharge to make the arrest in these cases.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/26/18 at 5:46 pm to
I tell you what, if I was facing life in prison, I'd have a very difficult time refusing to get on the stand and plead my case. I understand attorneys would advise against it, but damn, I couldn't imagine being convicted without saying something to the jury.
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