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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 11:27 am to CarRamrod
Posted on 1/16/18 at 11:27 am to CarRamrod
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.
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 on 1/16/18 at 11:30 am to Boomshockalocka
quote: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.
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
Posted on 1/16/18 at 11:32 am to CarRamrod
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 on 1/16/18 at 11:32 am to CarRamrod
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 on 1/16/18 at 11:35 am to TH03
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 on 1/16/18 at 11:36 am to TH03
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 on 1/16/18 at 11:37 am to upgrayedd
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 on 1/16/18 at 11:38 am to samson73103
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 on 1/16/18 at 11:39 am to Boomshockalocka
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 on 1/16/18 at 11:43 am to TH03
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 on 1/16/18 at 11:43 am to upgrayedd
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 on 1/16/18 at 11:50 am to upgrayedd
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 on 1/16/18 at 11:52 am to Boomshockalocka
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 on 1/16/18 at 11:52 am to slackster
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 on 1/16/18 at 11:55 am to TH03
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 on 1/16/18 at 11:55 am to Boomshockalocka
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 on 1/16/18 at 11:55 am to slackster
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 on 1/16/18 at 11:56 am to upgrayedd
quote:i agree with this. The aggressor can change in an instant.
I think the fact that JM got out of his car and went up to Glasser proves he was probably the aggressor.
Posted on 1/16/18 at 11:57 am to Boomshockalocka
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 on 1/16/18 at 11:57 am to Boomshockalocka
quote:
Speeding and recklessly driving doesn't strip you of your right to protect yourself.
quote:
That is up to the jurors
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