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re: Grand Jury Takes No Action On Merritt Landry Case

Posted on 2/27/14 at 9:25 pm to
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290878 posts
Posted on 2/27/14 at 9:25 pm to
quote:

Wasn't it around 2AM?



yea, but it seems like he was up. He has a pregnant wife, fwiw
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 2/27/14 at 9:26 pm to
quote:

Chances are he didn't even announce himself. I doubt the kid even saw him.


In other words, baseless speculation from your end.

Posted by Lester Earl
3rd Ward
Member since Nov 2003
290878 posts
Posted on 2/27/14 at 9:28 pm to
quote:

In other words, baseless speculation from your end.



as baseless as most things in this thread. I'm not defending the kid at all. But my guess is Landry regrets shooting him at this point. That's all im saying
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 2/27/14 at 9:29 pm to
quote:

But my guess is Landry regrets shooting him at this point. That's all im saying


I agree with that, but it sounded like you were just playing devil's advocate for the sake of it.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 2/27/14 at 9:31 pm to
Why would he regret shooting someone he thought was about to shoot him?
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 2/27/14 at 9:32 pm to
Well, if the Grand Jury was representative of the population of Orleans Parish, I'd guess 60.2% black, 30.5% white, 5.2% Hispanic or Latino, and 2.9% Asian.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290878 posts
Posted on 2/27/14 at 9:32 pm to
just guessing what i think happened, considering he had the opportunity to shoot him in the head.

the kid had no gun. He he announced himself he probably flees.

Had he had a gun, i can see the kid staying put and reaching for it, and Landry having the opp to shot him in the head.


Just my guess that he popped him with no warning.
Posted by USMCTiger03
Member since Sep 2007
71176 posts
Posted on 2/27/14 at 9:32 pm to
quote:

and to say he saw him reach for something is weak, when no gun was found. People aren't stupid.

That's called hindsight. The law does not require omniscience.
Posted by Corkfather
Houston
Member since Sep 2007
19750 posts
Posted on 2/27/14 at 9:32 pm to
quote:

Then cite it.


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 2/27/14 at 10:02 pm
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 2/27/14 at 9:37 pm to
How do know the kid didn't act like he was going for a gun to try and scare Landry? Just like someone trying to rob a bank or a convenience store and say they have a gun under their sweatshirt but never show it bc they really don't.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290878 posts
Posted on 2/27/14 at 9:43 pm to
quote:

How do know the kid didn't act like he was going for a gun to try and scare Landry?



what good does that do when someone has a gun pointed at you?
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 2/27/14 at 9:44 pm to
quote:

what good does that do when someone has a gun pointed at you?

He might have been startled without seeing the home owner and his first reaction was to reach for his pretend gun. Who knows?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290878 posts
Posted on 2/27/14 at 9:45 pm to
quote:

He might have been startled without seeing the home owner and his first reaction was to reach for his pretend gun. Who knows?



right. pew pew pew pew
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 2/27/14 at 9:46 pm to
quote:

right. pew pew pew pew

At this point everyone is making shite up. Why not throw my hat into the ring?
Posted by REG861
Ocelot, Iowa
Member since Oct 2011
38160 posts
Posted on 2/27/14 at 9:47 pm to
quote:

what good does that do when someone has a gun pointed at you?


right cause these 'kids' always act rationally
Posted by GaryMyMan
Shreveport
Member since May 2007
13499 posts
Posted on 2/27/14 at 9:48 pm to
quote:

Regardless, it doesn't matter; he could've been trying to break into his car. LA Castle Doctrine includes vehicles

May want to read that Code Book again before you start poppin' caps in fools, Counselor.
Posted by boom roasted
Member since Sep 2010
28039 posts
Posted on 2/27/14 at 9:49 pm to
Devlin?
Posted by Corkfather
Houston
Member since Sep 2007
19750 posts
Posted on 2/27/14 at 9:50 pm to
quote:

May want to read that Code Book again before you start poppin' caps in fools, Counselor.


We're past that.
Posted by M1911
Member since Sep 2012
63 posts
Posted on 2/27/14 at 9:51 pm to
quote:


I don't believe LA law allows you can shoot someone in defense of property. There was no threat to his or his family's personal safety until he went outside. 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?



quote:


The castle doctrine really doesn't apply here. It only applies when one is within your home or attemptung to make unlawful entry into your home. It applies to a vehicle only when you're inside it.



Quit talking out of your arse.

quote:


CASTLE LAWS

...

The law also stated homicide was justifiable in similar cases: when committed in self-defense by one who "reasonably believes" he is in danger of great bodily harm or death; to prevent a forcible felony; and to prevent trespass on private property.



LINK

quote:


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.



If that were the case (that they'd have an easy time prosecuting it), the grand jury would have indicted him. The standard for grand jury indictment is much lower than an actual jury conviction. The defense can't even put up a defense during a grand jury trial.
This post was edited on 2/27/14 at 9:53 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
476849 posts
Posted on 2/27/14 at 9:51 pm to
quote:

LA Rev Stat § 14:20 (A)(1),(A)(2), (C) & (D) as well as LA Rev Statutes § 14:19 & LA § 14:22

:/
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