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re: Jury selection begins in trial of man who killed Joe McKnight
Posted on 1/16/18 at 9:04 pm to Robin Masters
Posted on 1/16/18 at 9:04 pm to Robin Masters
Exactly. If he was an innocent victim here he never would’ve gave chase. Dude’s a grade A douche bag to start with.
0
Posted on 1/16/18 at 9:12 pm to TH03
quote:
We've gone through this. He will be eaten alive with his 2006 incident that happened at the same intersection. He followed a guy to a gas station and punched him several times. He will not be able to go with the fearful for his life defense as easily as you think.
More than likely this prior will be inadmissible since it has no direct bearing on THIS case. Even though they are similar, the other case did not affect the outcome of this incident. The only way that the aggressor exception can be used is if Gasser walked up to McKnight and assaulted him first, then when McKnight proceeded to respond with like force IN SELF DEFENSE, Gasser shot him. McKnight was not assaulted first and no amount of back and for between the two justifies McKnight using physical assault on McKnight. You can go through it as many times as you like, and you'd still be wrong.
Posted on 1/16/18 at 9:14 pm to tommy2tone1999
quote:
More than likely this prior will be inadmissible since it has no direct bearing on THIS case
Already ruled admissible, man. Read up on the trial
quote:
The state Fifth Circuit Court of Appeal sided with a Jefferson Parish district court judge who decided to allow prosecutors to introduce evidence of a prior road rage incident involving Ronald Gasser, the man accused of fatally shooting former NFL player Joe McKnight.
Appellate judges Robert Murphy, Stephen Windhorst and Hans Liljeberg denied a writ by Gasser's attorneys asking them to reverse the lower's court's decision. The appeals court denied the writ Aug. 9.
quote:
McKnight was not assaulted first and no amount of back and for between the two justifies McKnight using physical assault on McKnight
What are you even talking about? There's no evidence JM assaulted anyone.
This post was edited on 1/16/18 at 9:18 pm
Posted on 1/16/18 at 9:17 pm to TH03
quote:
Joe having a gun in the car is meaningless if he was standing at the window without it.
Not necessarily, McKnight could have flashed it for him during the whole thing which leads Gasser to believe he is armed when he's at the window.
Posted on 1/16/18 at 9:18 pm to brass2mouth
quote:
McKnight could have flashed it for him during the whole thing
That’d be a very dumb thing to do if he ultimately got out of the car without it...
Posted on 1/16/18 at 9:19 pm to tommy2tone1999
quote:
The only way that the aggressor exception can be used is if Gasser walked up to McKnight and assaulted him first, then when McKnight proceeded to respond with like force IN SELF DEFENSE, Gasser shot him.
Not a lawyer so how do we determine if this aggressor exception is correct here? It’s only Gassers account. Speaking as an average citizen it seems like this previous “dust up” of Gassers would be very relevant.
Posted on 1/16/18 at 9:21 pm to TH03
quote:
That’d be a very dumb thing to do if he ultimately got out of the car without it...
We all know people do dumb things, man.
Posted on 1/16/18 at 9:21 pm to TH03
I have been waiting 23 pages for someone to seize on this. Doesn’t matter if McKnight flashed the gun or not. If Gasser just says “he had a gun and I thought he was going to use it on me” and then the gun being there comes into evidence, BOOM, reasonable fear of death or great bodily harm.
Posted on 1/16/18 at 9:24 pm to jbgleason
So his best play is to possibly perjury himself and hope it works out?
Posted on 1/16/18 at 9:26 pm to jbgleason
quote:
I have been waiting 23 pages for someone to seize on this. Doesn’t matter if McKnight flashed the gun or not. If Gasser just says “he had a gun and I thought he was going to use it on me” and then the gun being there comes into evidence, BOOM, reasonable fear of death or great bodily harm.
^^^This^^^ Also, murder must be proven beyond doubt. It can reasonably be argued that the fact that McKnight got out of his vehicle and approached Gasser was enough to show intent of bodily harm, and instill fear in Gasser to use deadly force.
Posted on 1/16/18 at 9:26 pm to jbgleason
It's a pretty sweet deal when you can kill the most important witness in the case. Get in an argument? Kill the guy, claim self defense, and move on with your life.
Posted on 1/16/18 at 9:28 pm to TH03
quote:
So his best play is to possibly perjury himself and hope it works out?
You act like that couldn't happen. Also, do you know the state of mind of Gasser at the time McKnight approached his vehicle? I doubt anyone but Gasser knew that.
Posted on 1/16/18 at 9:28 pm to slackster
I don't think he will get off Scott free, but he's def not getting convicted of murder.
Posted on 1/16/18 at 9:28 pm to tommy2tone1999
quote:
^^^This^^^ Also, murder must be proven beyond doubt. It can reasonably be argued that the fact that McKnight got out of his vehicle and approached Gasser was enough to show intent of bodily harm, and instill fear in Gasser to use deadly force
Depends who is seen as the aggressor. The state will argue Gasser's pursuit makes him the aggressor. If the jury buys that, the self defense argument is over in LA. I'm not sure whether or not castle doctrine is still in play.
Posted on 1/16/18 at 9:29 pm to brass2mouth
quote:
I don't think he will get off Scott free, but he's def not getting convicted of murder.
Manslaughter at worst, but justice has a way of resolving itself many times.
Posted on 1/16/18 at 9:32 pm to slackster
quote:There is no justifiable reason for McKnight to exit his vehicle and approach Gasser. Gasser could not be seen to be the aggressor in a case of justifiable homicide, unless he tried to run McKnight over. Since McKnight was not in a situation where he had to defend himself, he had no reason for standing his ground.
Depends who is seen as the aggressor. The state will argue Gasser's pursuit makes him the aggressor.
This post was edited on 1/16/18 at 9:42 pm
Posted on 1/16/18 at 9:49 pm to tommy2tone1999
quote:
Manslaughter at worst, but justice has a way of resolving itself many times.
If justice resolves itself in this case, somebody will shoot Gasser three or four times. The guy is an a-hole and the planet doesn't need him.
McKnight was dumb to get out his vehicle and he was dumb for getting involved in the chase in the first place. He's guilty of being dumb. He doesn't deserve to be dead.
Gasser is a fricking menace to society and ought to be removed from the possibility of future interaction with the motoring public. What stable person gets in multiple road rage confrontations, including at least two that got physical? This guy is a fricking a-hole. I hope they put him under the jail.
If McKnight's fingerprints or DNA were on Gasser's door handle, that would have been found in the investigation and no charges would have been filed. If there was evidence of McKnight breaking the plane of the open window and "entering" Gasser's car (blood/DNA, fingerprints), it would have been found and no charges would have been filed.
Gasser claiming self-defense doesn't mean shite if it's unsupported by the evidence. The a-hole who shot Will Smith claimed self defense. How'd that work out for him?
Posted on 1/17/18 at 9:43 am to slackster
quote:officers tell everyone to stand down. The police are there to protect you when you need them.
Zimmerman was told to stand down by officers.
Not saying he isnt a POS. but maybe if there were more POS's out there the crooks wouldnt be so quick to to do crooky things.
This post was edited on 1/17/18 at 9:44 am
Posted on 1/17/18 at 9:47 am to White Roach
quote:
If justice resolves itself in this case, somebody will shoot Gasser three or four times.
Posted on 1/17/18 at 9:53 am to CarRamrod
quote:
Zimmerman was told to stand down by officers.
officers tell everyone to stand down. The police are there to protect you when you need them.
That “stand down” line was something dreamed up by the prosecution at trial. Much like “hands up, don’t shoot” it didn’t happen. First, it wasn’t the police, it was a 911 operator. Second, the recording and transcripts show that Z man said “I am going to get out of the car” and the 911 operator said “You don’t have to do that” which is a far cry from don’t do that or stand down.
That is the Operators training, they always tell people to do nothing and stay on the line. I was at the scene of a major auto accident, I called in to give the location and request resources, I then told the Operator I was a paramedic and I needed to get off the phone to render aid. She told me to wait on the fire department and just stay on the line. I hung up on her.
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