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Started By
Message
re: Gasser didn't testify in McKnight case; Guilty of manslaughter
Posted on 1/27/18 at 1:25 pm to boosiebadazz
Posted on 1/27/18 at 1:25 pm to boosiebadazz
quote:
But not as telling as quoting the statue before rigor mortis had even set in
This is my point about some gun owners with a tiny bit of legal knowledge. I truly believe that there are assholes out there hoping they get to shoot someone in what they perceive to be "self-defense".
I'm a gun owner. I think there are plenty of criminal types that the planet would be better off without. But I'm not out looking for opportunities to shoot people.
1
Posted on 1/27/18 at 1:27 pm to White Roach
quote:for sure. They aren't fearful as they are hopeful the circumstances let them make that claim.
I truly believe that there are assholes out there hoping they get to shoot someone in what they perceive to be "self-defense"
Posted on 1/27/18 at 1:33 pm to slackster
Let me say it's a sad day in this country when a man is jailed for self defense just to appease a race of people.
Posted on 1/27/18 at 1:35 pm to Placebeaux
quote:
Let me say it's a sad day in this country when a man is jailed for self defense just to appease a race of people.
Exactly, this is number one bullshite. I don’t know how you guys put up with it but I refuse to live in a place where this could ever happen to me.
Posted on 1/27/18 at 1:35 pm to Placebeaux
quote:
Let me say it's a sad day in this country when a man is jailed for self defense just to appease a race of people.
It's an even more sad day when someone defends a white guy that pretty clearly broke the law by killing a black guy.
Posted on 1/27/18 at 1:35 pm to LNCHBOX
Hey bro, the answer is 1
Posted on 1/27/18 at 1:36 pm to White Roach
They fast forwarded the video through spots that had no audio. If he said anything they played at normal speed. Still took a while and was boring.
Posted on 1/27/18 at 1:37 pm to Placebeaux
That would be a sad day. But this wasn't self-defense. This was an a-hole who should have gotten off at his exit and gone to have a beer to cool off. Instead he ended up shooting a guy and trying to justify his actions by claiming self defense.
Posted on 1/27/18 at 1:38 pm to Placebeaux
quote:
Let me say it's a sad day in this country when a man is jailed for self defense just to appease a race of people.
0/10 baw. He was guilty af
Posted on 1/27/18 at 1:39 pm to Placebeaux
Absolutely was not the case here.
Posted on 1/27/18 at 1:42 pm to Breaux
quote:
They fast forwarded the video through spots that had no audio. If he said anything they played at normal speed. Still took a while and was boring.
Okay, that makes better sense. I was under the impression that they should ~2 hours of video of Gasser sitting in a chair in a room by himself.
Posted on 1/27/18 at 1:43 pm to Breaux
quote:
Breaux
Were you at the trial? You seem to have a lot of good info. Thanks for sharing.
Posted on 1/27/18 at 1:44 pm to TH03
Yes. I was there from Monday morning through closing. I didnt stay for verdict
Posted on 1/27/18 at 1:46 pm to Breaux
Awesome. It's nice to get some first hand knowledge.
Posted on 1/27/18 at 1:47 pm to slackster
All the OT Jr. Lawyers shite their pants on this one, just like the Frat Star who punched the dude.
Both charged with Murder, both will get Manslaughter.
I Win !!
F Off
Both charged with Murder, both will get Manslaughter.
I Win !!
F Off
Posted on 1/27/18 at 2:30 pm to boosiebadazz
quote:
Challenge for cause
Thank god for voire dire
No doubt, my friend.
Id be bounced off that panel with the quickness.
This post was edited on 1/27/18 at 2:31 pm
Posted on 1/27/18 at 2:46 pm to slackster
quote:
Even with all of that, the defense still has to argue that deadly force was the only way Gasser could get McKnight to leave the vehicle.
I agree. Sort of. Instead of me trying to continually restate the law in my own words Ill just quote it directly;
§20. Justifiable homicide
A. A homicide is justifiable:
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40),
BUT...
while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
So it looks like Gasser cant use that one.
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.
Did Gasser reasonably believe that the only way to prevent unlawful (uninvited) entry of his motor vehicle by McKnight or to compel McKnight to exit his motor vehicle, was to commit to deadly force?
That was the central question in this case and the only thing to really consider. Unless Gasser was also trying to argue;
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
...and/or...
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
One other thing I think many people have missed in their assessment of this case;
B. For the purposes of this Section, there shall be a PRESUMPTION that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:
IOW, innocent until proven guilty. The burden of proof was on the prosecution to demonstrate that Gassers belief was "reasonable" and the force was "necessary".
Another one I think some people missed earlier but seem to have reconciled at this point in the thread is;
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.
This post was edited on 1/27/18 at 2:48 pm
Posted on 1/27/18 at 2:52 pm to slackster
quote:
I'd imagine Gasser's tapes leaned towards self defense due to a fear of or his life more than stand your ground. Stand your ground was the better defense. This is speculation though.
I agree 100%. This is the problem with giving statements or testimony to LEO or investigators without your attorney present or at least a really good understanding of law.
Thats why I always say, never, ever under any circumstances talk to the police. Ever.It can never(or very rarely) help you and can only hurt you. They even tell you this themselves. "Anything you say or do can or will be used against you in a court of law" and "you have a right to have your attorney present during questioning". It blows me away how many times I see LEOs tell suspects this and then right after the suspect begins to blabber. Its fricking flabbergasting.
Posted on 1/27/18 at 2:54 pm to White Roach
quote:
This was an a-hole who should have gotten off at his exit and gone to have a beer to cool off.
Or McKnight shouldn't have gotten out of his vehicle like an idiot.
Posted on 1/27/18 at 3:00 pm to MightyYat
quote:
Gasser cut over lanes to purposely miss his exit and follow Joe.
Its ok to be angry and follow someone. That doesnt mean your intent is to kill the person or even do them any harm at all. Ive followed and pulled next to numerous idiot drivers to let them know what they did wrong. "Hey buddy. Its really dangerous to pull out in front of moving traffic 50 feet away in the rain when the speed limit is 55".
quote:
Then once he got off the exit pulled the gun out of his gym bag and continued to follow. That’s not fearing for safety.
Sure. It could be. Is it likely? Ehh. Probably not. But the job of the court isnt to prove or disprove what is likely. Its to prove beyond a reasonable doubt, in this case, whether or not Gasser was in fear of his life, great bodily harm or whether or not McKnight unlawfully entered Gassers vehicle.
Im not arguing on behalf of Gasser. I wish yall would stop treating me as such. Im arguing for the law. We dont have enough facts to do anything but speculate.
quote:
That’s being a hot headed danger to society.
I agree. Gasser seems to be a menace to society. Regardless of how we feel about him personally though, him being an a-hole doesnt disqualify him from his right to defend himself. I wouldnt want my freedom to hinge on the content of my character and I doubt you would either.
quote:
There’s nothing worse than an emotional a-hole with a gun pulled.
Dude.
I couldnt agree more with you, there.
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