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Started By
Message
re: Grand Jury Takes No Action On Merritt Landry Case
Posted on 2/27/14 at 11:52 pm to Corkfather
Posted on 2/27/14 at 11:52 pm to Corkfather
An unfortunate situation for all parties involved.
1
Posted on 2/28/14 at 12:13 am to NBamaAlum
quote:
An unfortunate situation for all parties involved.
Not really. It's unfortunate that Merritt has to deal with all of this shite. It is not unfortunate that a kid got popped for pulling on a man's door in the middle of the night inside a gated yard. It's simple really. Stay the frick out of people's yards, don't get shot. Hell, I may make tshirts and go sit outside the courthouse.
Posted on 2/28/14 at 12:20 am to Tigerdew
If Coulter had been pulling on the door to the house when Landry shot him, Landry wouldn't be having all these problems. I think the main issue is that the kid WASN'T breaking into the house and Landry's self-defense story isn't airtight.
Posted on 2/28/14 at 12:22 am to White Roach
Oh, I agree. I just don't think the grand jury will ever be able to agree on a charge.
Posted on 2/28/14 at 12:39 am to Tigerdew
I remember hearing or reading that part of NOPD's logic in arresting him for 2nd Degree Attempted Murder was that the ejected casing was something like 42' away from where the kid was laying. I remember thinking at the time that spent brass could easily bounce/roll 12' or 15', maybe even 20', on concrete. But I bet there were people who thought Landry popped this kid from 40' away, and unless Coulter had a
gun, he wasn't an actual threat to Landry.
I'd be interested to know what forensic evidence was presented to the Grand Jury. Obviously, it isn't a cut and dried situation, because the GJ couldn't reach any decision and it only takes 9 of 12.
gun, he wasn't an actual threat to Landry.
I'd be interested to know what forensic evidence was presented to the Grand Jury. Obviously, it isn't a cut and dried situation, because the GJ couldn't reach any decision and it only takes 9 of 12.
This post was edited on 2/28/14 at 1:38 am
Posted on 2/28/14 at 12:45 am to White Roach
quote:
If Coulter had been pulling on the door to the house when Landry shot him, Landry wouldn't be having all these problems. I think the main issue is that the kid WASN'T breaking into the house and Landry's self-defense story isn't airtight.
And that the kid was 14 and unarmed.
It shouldn't make a difference for the most part in this case, but some people just can't get past that, especially after the Zimmerman case.
This post was edited on 2/28/14 at 1:14 am
Posted on 2/28/14 at 12:53 am to M1911
I'd be willing to bet dollars to donuts that if Landry had shot Coulter through the closed door of the house if Coulter starting pulling on it, Landry would never have been charged. 14 years old or not.
In my opinion, the main problem with Landry's self-defense story is that he went outside and escalated the situation.
In my opinion, the main problem with Landry's self-defense story is that he went outside and escalated the situation.
Posted on 2/28/14 at 1:06 am to White Roach
quote:
I think the main issue is that the kid WASN'T breaking into the house
It's not about what the kid was doing, it's about his intent. The law is only concerned with whether or not a "reasonable person" would fear harm from the actions or perceived intent of those actions.
quote:
Landry's self-defense story isn't airtight.
You're right, it isn't airtight. It's also the burden of the State to prove otherwise, BEYOND A REASONABLE DOUBT. The fact that we've been debating this for 10+ pages proves that there is a reasonable doubt.
Posted on 2/28/14 at 1:10 am to White Roach
quote:
2nd Degree Murder
Attempted.
quote:
the ejected casing was something like 42' away from where the kid was laying. I remember thinking at the time that spent brass could easily bounce/roll 12' or 15', maybe even 20', on concrete. But I bet there were people who thought Landry popped this kid from 40' away, and unless Coulter had a gun, he wasn't an actual threat to Landry.
He was however many feet away but Coulter was also between him and the house. The distance only goes to show how far Coulter was from the street and how far into the property, and closer to the house, he trespassed.
quote:
I'd be willing to bet dollars to donuts that if Landry had shot Coulter through the closed door of the house if Coulter starting pulling on it, Landry would never have been charged. 14 years old or not.
Agreed.
This post was edited on 2/28/14 at 1:15 am
Posted on 2/28/14 at 1:14 am to Corkfather
quote:once again, does the civil defendant actually have to be prosecuted for that to apply?
LA RS 14:20 A(1),A(2), C & D as well as RS 14:19 & RS 14:22 As far as the immunity... Act 786 of 2006 grants both civil and criminal immunity to anyone using force justifiable under RS 14:19 and 14:20. I'll find where it relates in the Code when I feel like it. Found it... LA RS 9:2800.19 It even provides for attorney fees. This post was edited on 2/27 at 10:02 pm Reply • Options • Back to Top
Posted on 2/28/14 at 1:18 am to John McClane
quote:
once again, does the civil defendant actually have to be prosecuted for that to apply?
It makes no stipulation that they be prosecuted, or even charged for that matter. It only states that anyone operating justifiably under the law is immune from both civil and criminal matters. If and when the GJ comes back with a no true bill or the DA drops the charges, that only goes to strengthen his case should a civil matter arise. It would be the burden of the person bringing the case, Coulter, to prove otherwise on the balance of probabilities. He'd have a hell of a time doing so considering neither the DA's Office nor a grand jury could find probable cause to indict.
Landry could easily counter with his own civil litigation as well.
Also, if he were to go after payment for medical bills, wouldn't it matter who paid those medical bills in the first place? If Coulter didn't have insurance and it was paid by Medicaid/Medicare wouldn't it be the responsibility of the state to seek those damages?
This post was edited on 2/28/14 at 1:25 am
Posted on 2/28/14 at 1:25 am to White Roach
Certainly. I wasn't disagreeing with the first bit if you got that impression. I just think if the kid was a 20 year old it probably wouldn't have even gone to trial, especially with less public pressure.
The going outside and by doing so escalating the situation shouldn't make a difference, although some people will think so whether it's within the law or not. His property, he has a right to be outside, even if a crime is being committed and it could potentially escalate the situation. It's not like he picked a fight with the kid in the middle of a street then shot him once things went south.
The going outside and by doing so escalating the situation shouldn't make a difference, although some people will think so whether it's within the law or not. His property, he has a right to be outside, even if a crime is being committed and it could potentially escalate the situation. It's not like he picked a fight with the kid in the middle of a street then shot him once things went south.
This post was edited on 2/28/14 at 1:29 am
Posted on 2/28/14 at 1:28 am to M1911
quote:
The going outside and by doing so escalating the situation shouldn't make a difference, although some people will think so whether it's within the law or not.
I think it would fall under obligation to retreat, which there is none. In fact, it can't even be brought up in court.
Posted on 2/28/14 at 1:29 am to Corkfather
I would think so as well. Meant to put something along those lines in the post above.
He certainly had every right to be there.
He certainly had every right to be there.
Posted on 2/28/14 at 1:30 am to Lester Earl
quote:
Why would the kid reach for a pretend gun if he didn't have one? Even if he hadn't seen Landry's gun yet?
"pew pew, go back inside old man!!!"
That doesn't make sense.
To me, it makes perfect sense that a "career criminal" would reach for his waist band when confronted suddenly.
Posted on 2/28/14 at 1:31 am to Corkfather
I'd say that there's about zero chance of Landry being convicted of 2nd Degree Attempted Murder, IF this ever goes to trial. I thought he was overcharged from the start.
As far Coulter's "intent" is concerned, it's a pretty big logic leap to see someone in your driveway/courtyard by your car and then decide that you and family are in imminent danger and lethal force is justified. I don't think a "reasonable person" makes that logic leap.
I don't know all of the facts of the case, but based on media reports, I wouldn't be surprised if Landry is tried on a lesser charge. I doubt he'll get convicted of anything, because there'll always be a few jurors who'll say, "Tough shite. That kid had it coming."
As far Coulter's "intent" is concerned, it's a pretty big logic leap to see someone in your driveway/courtyard by your car and then decide that you and family are in imminent danger and lethal force is justified. I don't think a "reasonable person" makes that logic leap.
I don't know all of the facts of the case, but based on media reports, I wouldn't be surprised if Landry is tried on a lesser charge. I doubt he'll get convicted of anything, because there'll always be a few jurors who'll say, "Tough shite. That kid had it coming."
This post was edited on 2/28/14 at 1:37 am
Posted on 2/28/14 at 1:37 am to White Roach
quote:
I'd say that there's about zero chance of Landry being convicted of 2nd Degree Murder, IF this ever goes to trial. I thought he was overcharged from the start.
Remember the kid didn't die, it's only an attempt.
quote:
As far Coulter's "intent" is concerned, it's a pretty big logic leap to see someone in your driveway/courtyard by your car and then decide that you and family are in imminent danger and lethal force is justified. I don't think a "reasonable person" makes that logic leap.
If it were to go to trial, it's the State's burden to prove that it wasn't Coulter's intent to burglarize the house, or commit any other felony on the property for that matter. That's pretty hard to do when the surveillance footage and Coulter's criminal record scream otherwise. As I said earlier, when all of this happened Coulter was awaiting trial on burglary charges.
quote:
there'll always be a few jurors who'll say, "Tough shite. That kid had it coming."
He only needs three people to side with him. If the State can't get 10/12 jurors it's a mistrial.
This post was edited on 2/28/14 at 1:39 am
Posted on 2/28/14 at 1:41 am to cdaniel76
quote:
To me, it makes perfect sense that a "career criminal" would reach for his waist band when confronted suddenly.
then you're about as dumb as that M1911 guy
Posted on 2/28/14 at 1:51 am to Corkfather
About 15 years ago, a guy shot a car burglar in Carrolton or the Riverbend area. Nobody had driveways in the neighborhood, so everyone parked on the street. The guy lived on a corner and his car was parked on the side street. He got up during the night to piss, looked out the bathroom window and some a-hole was stealing his car stereo. The homeowner got his shotgun and fired a .410 slug through the window screen and into the car burglar's back. He ran down the block and bled out.
Homeowner gets arrested and goes to trial (I think for Manslaughter, but I don't remember for sure). Not guilty! Not a hung jury, but not guilty. He shot a guy in the back, from inside his house and the jury gave him a pass.
Homeowner gets arrested and goes to trial (I think for Manslaughter, but I don't remember for sure). Not guilty! Not a hung jury, but not guilty. He shot a guy in the back, from inside his house and the jury gave him a pass.
Posted on 2/28/14 at 1:51 am to White Roach
quote:
I'd say that there's about zero chance of Landry being convicted of 2nd Degree Attempted Murder, IF this ever goes to trial. I thought he was overcharged from the start.
As far Coulter's "intent" is concerned, it's a pretty big logic leap to see someone in your driveway/courtyard by your car and then decide that you and family are in imminent danger and lethal force is justified. I don't think a "reasonable person" makes that logic leap.
I don't know all of the facts of the case, but based on media reports, I wouldn't be surprised if Landry is tried on a lesser charge. I doubt he'll get convicted of anything, because there'll always be a few jurors who'll say, "Tough shite. That kid had it coming."
quote:
A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.
LINK
The dude hopped over a big fence and had been seen scouting out his house earlier. It was 2AM. What do you think he was doing, looking for four leaf clovers? I don't see how any "reasonable person" doesn't seem an imminent threat when their house and family are right there nearby. He doesn't know the kid's intentions or what he's capable of, and he certainly doesn't know whether or not he's armed with some sort of weapon.
Also, from what I understand, the kid was closer to the house than Landry was at the time of the shooting.
quote:
then you're about as dumb as that M1911 guy
Coming from the guy who seemingly uses a jump to conclusions mat before he posts in this thread. You're just mad I owned you in this thread and you had to shut up as a result.
This post was edited on 2/28/14 at 1:55 am
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