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Started By
Message
re: Jury selection begins in trial of man who killed Joe McKnight
Posted on 1/16/18 at 2:19 pm to Deactived
Posted on 1/16/18 at 2:19 pm to Deactived
quote:
i dont know why Tb08 is getting so much heat in here. its obvious some of you are confused about how that intersection is designed and how the cars were positioned
Cause they hate it when I'm right
1
Posted on 1/16/18 at 2:19 pm to TH03
quote:
It only requires a reasonable belief that the only way to stop the intruder from entering your vehicle is to use deadly force.
quote:
(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
That is not Stand Your Ground; that is Castle Doctrine.
Posted on 1/16/18 at 2:21 pm to Antonio Moss
I think Castle Doctrine works for your car as well
Posted on 1/16/18 at 2:21 pm to Antonio Moss
It's directly from the justifiable homicide statute. I would bet that's what his defense argues.
This post was edited on 1/16/18 at 2:22 pm
Posted on 1/16/18 at 2:22 pm to lsupride87
quote:
blocked him in at a red light
quote:
downright lie
You said him blocking him in was a downright lie
quote:
he was boxed in
quote:
So mcknight did not "block gasser". He pulled up on the side of his car
Here again. If youre going to argue semantics, whatever have at it.
But where Joe pulled there left nowhere for Gasser to go. If Joe isnt there and lets say on the left side of Gasser in the left lane, Gasser could drive to the right and get away.
I dont know what other words you could use to describe that
Posted on 1/16/18 at 2:22 pm to tgrbaitn08
quote:Lets make a sig bet on if Gasser goes with the self defense fear for his like plea then....
Cause they hate it when I'm right
This post was edited on 1/16/18 at 2:23 pm
Posted on 1/16/18 at 2:22 pm to lsupride87
quote:
I think Castle Doctrine works for your car as well
It does. I was pointing out that it is a different law with a different standard than Stand Your Ground.
Posted on 1/16/18 at 2:24 pm to TH03
after they get this straightened out I hope they charge them both with reckless driving
Posted on 1/16/18 at 2:24 pm to Deactived
He didn't block him. Words matter greatly here, it isn't simple semantics....
He pulled up on the side of Gasser, which due to other cars blocked him in
If the attorney or anyone else said he blocked him, it would get shut down
He pulled up on the side of Gasser, which due to other cars blocked him in
If the attorney or anyone else said he blocked him, it would get shut down
Posted on 1/16/18 at 2:24 pm to TH03
quote:
It's directly from the justifiable homicide statute.
There are multiple types and standards of justifiable homicide in Louisiana. Castle Doctrine and Stand Your Ground are different protocols.
quote:
I would bet that's what his defense argues.
Castle Doctrine is the easier argument is there is any evidence that McKnight was trying to get in the vehicle. Stand Your Ground isn't a great argument in this scenario.
Posted on 1/16/18 at 2:25 pm to lsupride87
quote:
Lets make a sig bet on if Gasser goes with the self defense fear for his like plea then....
you dont think thats not what he's already claiming?
quote:
''His argument is going to be that Mr. McKnight was trying to get in the car and under the castle doctrine, which can apply to homes and automobiles, if Mr. Gasser was trying to prevent McKnight from getting in the car and then that could be used as defensible force,'' said Loyola law professor Dane Ciolino.
Posted on 1/16/18 at 2:25 pm to Antonio Moss
Yeah I was referring to the entirety of the justifiable homicide statute, my bad
I don't see them going stand you ground though. He was the original one to follow JM and his history shows he's a hot head, not in fear for his life.
I don't see them going stand you ground though. He was the original one to follow JM and his history shows he's a hot head, not in fear for his life.
Posted on 1/16/18 at 2:26 pm to lsupride87
If Joe is anywhere else, Gasser can drive away
Joe parks his car there, Gasser cant drive anywhere
What is that called?
If I pull into your driveway and get 1 foot from the rear of your vehicle and you cant go anywhere because of it, am I not blocking you in?
Joe parks his car there, Gasser cant drive anywhere
What is that called?
If I pull into your driveway and get 1 foot from the rear of your vehicle and you cant go anywhere because of it, am I not blocking you in?
Posted on 1/16/18 at 2:26 pm to tgrbaitn08
Ummm, what you posted is the castle doctrine, which is not reasonable fear for you life self defense........
This whole damn time we have been telling you he will argue for the castle doctrine man
This whole damn time we have been telling you he will argue for the castle doctrine man
This post was edited on 1/16/18 at 2:27 pm
Posted on 1/16/18 at 2:27 pm to Antonio Moss
quote:
There are multiple types and standards of justifiable homicide in Louisiana. Castle Doctrine and Stand Your Ground are different protocols.
I know, I read your quote instead of reading the whole post. My bad
quote:
Castle Doctrine is the easier argument is there is any evidence that McKnight was trying to get in the vehicle. Stand Your Ground isn't a great argument in this scenario.
Agreed on both.
Posted on 1/16/18 at 2:27 pm to tgrbaitn08
Then why have you been arguing he was in fear for his life this whole time?
Posted on 1/16/18 at 2:29 pm to TH03
quote:I think it may be time he bows out
Then why have you been arguing he was in fear for his life this whole time?
Posted on 1/16/18 at 2:30 pm to lsupride87
quote:
Prosecutors call it road rage, but Gasser claims in was in self-defense.
quote:
self-defense
n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger. Self-defense is a common defense by a person accused of assault, battery or homicide. The force used in self-defense may be sufficient for protection from apparent harm (not just an empty verbal threat) or to halt any danger from attack, but cannot be an excuse to continue the attack or use excessive force
He felt he was in danger
Posted on 1/16/18 at 2:31 pm to TH03
quote:
Then why have you been arguing he was in fear for his life this whole time?
because he said he shot JM in self defense
Posted on 1/16/18 at 2:31 pm to tgrbaitn08
His attorneys will not make a case for self defense, they won't
They will make the case for Castle Doctirne
The fact Gasser admits he "set off after Jm" will keep his attorneys away from self defense
But would you like to bet?
They will make the case for Castle Doctirne
The fact Gasser admits he "set off after Jm" will keep his attorneys away from self defense
But would you like to bet?
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