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Started By
Message
re: Grand Jury Takes No Action On Merritt Landry Case
Posted on 2/27/14 at 8:26 pm to John McClane
Posted on 2/27/14 at 8:26 pm to John McClane
quote:
please provide authority for your statements. Mainly the first and the civil court distinction
I don't have to, I'm not the one disputing it. In this case, the burden of proof would be on you. If you want to cite sources to the contrary I'd be glad to read them.
1
Posted on 2/27/14 at 8:34 pm to White Roach
quote:
There was no threat to his or his family's personal safety until he went outside.
Again, you are not required to retreat. Whether there was a threat or not, we don't know because he neutralized it. All that matters is a that reasonable person in a place that he had the right to be, a State employee at that, believed that there was a threat to himself and his family.
quote:
Your friend fricked up and may end up in jail because he made a rash decision. How's that gonna work out for his wife and kids?
They're having a pretty hard time prosecuting it at the moment so I don't think he'll wind up in jail. Even if he were to go to trial, the chance of convicting him on Attempted Second Degree Murder is slim, this is Attempted Manslaughter at best.
This post was edited on 2/27/14 at 8:47 pm
Posted on 2/27/14 at 8:41 pm to Corkfather
That kid is 14?
Moral of the story: DON'T BREAK INTO SOMEONE'S HOUSE!
Moral of the story: DON'T BREAK INTO SOMEONE'S HOUSE!
This post was edited on 2/27/14 at 8:43 pm
Posted on 2/27/14 at 8:48 pm to boom roasted
quote:
That kid is 14?
That's another thing, they can't say shite about his age because if you ask anyone to guess how old he is I guarantee you no one will say 14.
Not to mention he had been spotted by the homeowner and his neighbor's security cameras earlier in the day scoping out houses in the neighborhood. Landry was alerted by his neighbor about this and was awake because he was concerned from all the recent break-ins in the neighborhood by people matching the same description.
This post was edited on 2/27/14 at 8:51 pm
Posted on 2/27/14 at 8:49 pm to Corkfather
If I had to just guess at the photo. I'd say 20ish with the earrings and numerous tats.
Posted on 2/27/14 at 8:50 pm to Corkfather
They'd have an easy time prosecuting it, if the DA's Office didn't punt it to the Grand Jury to try to avoid any political fallout.
I know you've done a lot of legal research, but I think your interpretation of No Retreat is flawed. Landry didn't stand his ground. He didn't not retreat. He advanced on this guy and
escalated the situation.
I know you've done a lot of legal research, but I think your interpretation of No Retreat is flawed. Landry didn't stand his ground. He didn't not retreat. He advanced on this guy and
escalated the situation.
Posted on 2/27/14 at 8:51 pm to White Roach
I don't really feel like reading the story.
Was the kid trying to break into his home or not? If he was, I think the justifiable homicide statute reads in the defendant's favor.
Was the kid trying to break into his home or not? If he was, I think the justifiable homicide statute reads in the defendant's favor.
This post was edited on 2/27/14 at 8:53 pm
Posted on 2/27/14 at 8:54 pm to boom roasted
No, he jumped a locked gate and was poking around the driveway/courtyard area. Homeowner came outside and shot him in the head from about 25' or 30' (according to media reports).
Posted on 2/27/14 at 8:58 pm to White Roach
quote:
Landry didn't stand his ground. He didn't not retreat. He advanced on this guy and escalated the situation.
Actually, Coulter was approaching the side door of the house. Landry came around from the front of the house so that Coulter was actually between Landry and the house. When Coulter noticed Landry approaching, he reached for something and that's when he received a well-placed bullet to the dome.
Considering he was approaching the side door, Landry could easily expect that Coulter intended to harm his family which gives him the right to shoot. On top of that, when the perp made a motion to reach for something when he saw Landry coming, that gave him another reason to use force. A suspect reaching for something that could be a weapon has been used time and time again by police and held up in court.
This post was edited on 2/27/14 at 9:00 pm
Posted on 2/27/14 at 8:59 pm to White Roach
Well I feel like this is going to drag me into hours of research and debate... so I'll just abandon this thread.
But I stand by my original post. Don't want to get shot? Don't do this kind of shite.
But I stand by my original post. Don't want to get shot? Don't do this kind of shite.
This post was edited on 2/27/14 at 9:01 pm
Posted on 2/27/14 at 9:01 pm to Corkfather
quote:
when the perp made a motion to reach for something
I'm not saying it didn't happen, but you aren't smart if you don't automatically say that in a situation like this.
Posted on 2/27/14 at 9:03 pm to GRTiger
quote:
I'm not saying it didn't happen, but you aren't smart if you don't automatically say that in a situation like this.
Hey, it's not what happened that matters; it's what you can prove in court.
It's the State's burden to prove it didn't happen and they can't, so for all intents and purposes, he reached for something.
This post was edited on 2/27/14 at 9:05 pm
Posted on 2/27/14 at 9:06 pm to Corkfather
If your post is accurate, it all seems very clearcut and your friend should be fine. I wonder why 9 Grand Jurors couldn't agree to issue No True Bill?
Posted on 2/27/14 at 9:07 pm to White Roach
quote:
If your post is accurate, it all seems very clearcut and your friend should be fine. I wonder why 9 Grand Jurors couldn't agree to issue No True Bill?
Do I really have to spell it out for you?
R-A-C-E
Posted on 2/27/14 at 9:07 pm to Corkfather
Very cool thread. 
Posted on 2/27/14 at 9:07 pm to Corkfather
Oh, btw... Coulter was awaiting trial on burglary charges when all of this went down.
Posted on 2/27/14 at 9:07 pm to Corkfather
quote:so you think the civil burden is they have to show his conduct was illegal? Show your authority. You said it, not me
I don't have to, I'm not the one disputing it. In this case, the burden of proof would be on you. If you want to cite sources to the contrary I'd be glad to read them.
Posted on 2/27/14 at 9:08 pm to Corkfather
Oh I know. Did the oldest 14 year old in history have a weapon?
I side with the non-criminal protecting his house in these cases anyway.
I side with the non-criminal protecting his house in these cases anyway.
Posted on 2/27/14 at 9:10 pm to John McClane
quote:
so you think the civil burden is they have to show his conduct was illegal? Show your authority. You said it, not me
Yes. LA's Stand-Your-Ground statue states that civil cases can't be brought against those defending themselves under that law.
Therefore, they would have to prove that he wasn't operating under STG. If they can't prove he was operating outside of the law, they can't bring the case to begin with.
Posted on 2/27/14 at 9:10 pm to Corkfather
What was the racial makeup of the Grand Jury that was just dismissed?
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