Started By
Message

re: Jury selection begins in trial of man who killed Joe McKnight

Posted on 1/16/18 at 11:27 am to
Posted by Boomshockalocka
Member since Feb 2004
59966 posts
Posted on 1/16/18 at 11:27 am to
The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony

For the third time bubba.......

I’m
No legal expert. But I was a juror on a second degree murder/ self defense case within the last six months. “Reasonable person” was used literally hundreds of times by the prosecution.
This post was edited on 1/16/18 at 11:31 am
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
58631 posts
Posted on 1/16/18 at 11:30 am to
quote:

It’s up to the jury to decide. theres plenty of video that will show whether or not gasser could have avoided the situation if he were being reasonable
both quotes from you and T says nothing about "could have avoided the situation being reasonable. It is about did he reasonably believe he was preventing unlawful entry into his vehicle.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 1/16/18 at 11:32 am to
quote:

did he reasonably believe he was preventing unlawful entry into his vehicle.


Did he reasonably believe he was at risk of losing his life or incurring bodily harm.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/16/18 at 11:32 am to
quote:

It is about did he reasonably believe he was preventing unlawful entry into his vehicle.


It's about if a reasonable person would feel a danger to his life or person if he tried to prevent the entry without using deadly force.

Boom is still wrong, I'm just clarifying.


Edit: I'm talking about boom's quote only. Your post is referring to what I quoted which is specific to vehicles.
This post was edited on 1/16/18 at 11:36 am
Posted by Boomshockalocka
Member since Feb 2004
59966 posts
Posted on 1/16/18 at 11:35 am to
Would someone who was acting reasonably put x amount of people lives in danger. Engaging in this road rage incident. No he wasn’t acting reasonable. He had lost his cool. And now he’s got to pay his debt to society.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 1/16/18 at 11:36 am to
quote:

I think the fact that it wasn't a lane might help Glasser and co prove JM was the aggressor.



I think the fact that JM got out of his car and went up to Glasser proves he was probably the aggressor.
Posted by samson73103
Krypton
Member since Nov 2008
9393 posts
Posted on 1/16/18 at 11:37 am to
quote:

Well, you go live in theoretical land. Us folks in the real world will continue to factor in real world inputs.

Oh, so you’re one of these retards who thinks every person of color that’s behind bars is a victim and the system is rigged against them. Got it snowflake
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 1/16/18 at 11:38 am to
quote:

Oh, so you’re one of these retards who thinks every person of color that’s behind bars is a victim and the system is rigged against them. Got it snowflake

I have no idea how you got that from what I wrote. Maybe you should keep your emotions in check while reading, sweetie.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/16/18 at 11:39 am to
quote:

Would someone who was acting reasonably put x amount of people lives in danger. Engaging in this road rage incident. No he wasn’t acting reasonable. He had lost his cool

I don't think this is cut and dry though. Speeding and recklessly driving doesn't strip you of your right to protect yourself.
Posted by Boomshockalocka
Member since Feb 2004
59966 posts
Posted on 1/16/18 at 11:43 am to
That is up to the jurors. Ill go w manslaughter. Crime of passion. I think a good lawyer could argue that gasser could’ve avoided shooting him by not escalating situation.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/16/18 at 11:43 am to
It certainly doesn't help, but it'll be hard to prove unless they have some sort of evidence showing JM attempted to get into the car.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/16/18 at 11:50 am to
quote:


I think the fact that JM got out of his car and went up to Glasser proves he was probably the aggressor


I think the driving up to that point is important too, but I understand your point.

IIRC, McKnight was at the passenger window, which was rolled down. The jury will have to decide whether an argument at that window, presumably with McKnight leaning down to argue, would justify the shooting. Was he trying to enter the vehicle and/or would a reasonable person assume he was trying to enter the vehicle? That's what will matter the most.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/16/18 at 11:52 am to
quote:

That is up to the jurors. Ill go w manslaughter. Crime of passion. I think a good lawyer could argue that gasser could’ve avoided shooting him by not escalating situation.


Fwiw, in LA, there is no requirement to de-escalate the situation. If you're in a vehicle, deadly force can be used on someone who is making an unlawful entry to said vehicle if you believe it's the only way to keep them out.
Posted by TH03
Mogadishu
Member since Dec 2008
172004 posts
Posted on 1/16/18 at 11:52 am to
quote:

The jury will have to decide whether an argument at that window, presumably with McKnight leaning down to argue, would justify the shooting. Was he trying to enter the vehicle and/or would a reasonable person assume he was trying to enter the vehicle? That's what will matter the most.


Agreed. That's the biggest part IMO.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139231 posts
Posted on 1/16/18 at 11:55 am to
quote:

It certainly doesn't help, but it'll be hard to prove unless they have some sort of evidence showing JM attempted to get into the car.

Yeah, I imagine that's a grey area between "stand your ground" type laws and castle doctrine.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 1/16/18 at 11:55 am to
quote:

Would someone who was acting reasonably put x amount of people lives in danger. Engaging in this road rage incident. No he wasn’t acting reasonable. He had lost his cool. And now he’s got to pay his debt to society.



So what is the maximum sentence for endangering peoples lives by driving irresponsible?
Posted by Boomshockalocka
Member since Feb 2004
59966 posts
Posted on 1/16/18 at 11:55 am to
if they can show he has anger issues in the past and was the aggressor here then safe to say he is not a “reasonable person. He’s someone who can’t contol His anger. That’s not a defense.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
58631 posts
Posted on 1/16/18 at 11:56 am to
quote:


I think the fact that JM got out of his car and went up to Glasser proves he was probably the aggressor.

i agree with this. The aggressor can change in an instant.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 1/16/18 at 11:57 am to
quote:

I think a good lawyer could argue that gasser could’ve avoided shooting him by not escalating situation.


JM self control is not Gasser's responsibility
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
58631 posts
Posted on 1/16/18 at 11:57 am to
quote:

Speeding and recklessly driving doesn't strip you of your right to protect yourself.
quote:

That is up to the jurors
no it is not.
Jump to page
Page First 7 8 9 10 11 ... 24
Jump to page
first pageprev pagePage 9 of 24Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram