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re: LaPlace man charged with murder for shooting man who reached into his truck.

Posted on 12/4/16 at 9:37 am to
Posted by Tino
:yawn:
Member since Dec 2004
86225 posts
Posted on 12/4/16 at 9:37 am to
you are able to hold the opinion that Gasser was in the wrong, but to use this situation to compare the two is idiotic
Posted by t00f
Not where you think I am
Member since Jul 2016
102346 posts
Posted on 12/4/16 at 9:39 am to
quote:

there are differences for sure. Batiste is negligent.


Just this kind of shows you can't just shoot anyone who reaches into your vehicle.



Yeah I agree, you need to try and get away if it's possible. This dude came back too.

That said, we don't have much detail on the other incident yet.

Posted by UF
Florida
Member since Nov 2016
2696 posts
Posted on 12/4/16 at 9:40 am to
Jury will return not guilty.
Guaranteed.
Posted by Kino74
Denham springs
Member since Nov 2013
5360 posts
Posted on 12/4/16 at 9:41 am to
quote:

There are details that probably won't help his case. If this had been a spur of the moment thing, he'd probably have no problem walking from this.


The details actually make it look premeditated but that won't matter to anyone stuck on the race of the parties involved.
Posted by Tino
:yawn:
Member since Dec 2004
86225 posts
Posted on 12/4/16 at 9:43 am to
I love when people start Gotcha! threads like this and they backfire. This is up there on the Afeaux fail level
Posted by Napoleon
Kenna
Member since Dec 2007
74865 posts
Posted on 12/4/16 at 9:45 am to
quote:

I love when people start Gotcha! threads like this and they backfire. This is up there on the Afeaux fail level


No Tino. Afreaux will still keep up the bs that Xavier has the best graduation rate in the nation, even after years of people showing him it was the other Xavier. I on the other hand admitted my mistake before your first reply. So piss off.

Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 12/4/16 at 9:45 am to
120 days to indict before one is released from jail or any bail obligation.
-----------------------------------------------------------

As a criminal prosecutor, I know you know what you're talking about. But please clarify for me:
Can someone suspected of a crime be held for 120 days w/o being indicted or having a bail/bond hearing? I thought anyone arrested was entitled to appear before a magistrate judge within 24 or 48 (72?) hours.
Posted by Tino
:yawn:
Member since Dec 2004
86225 posts
Posted on 12/4/16 at 9:46 am to
Touché. You did admit it
Posted by tigerswin03
SAINTS / PELICANS FAN
Member since Jan 2009
4715 posts
Posted on 12/4/16 at 9:47 am to
Some are saying in the comments that Baptist left to go get a gun , not sure if that's correct but I agree both shooters were wrong ....
Posted by LSURussian
Member since Feb 2005
135363 posts
Posted on 12/4/16 at 9:49 am to
The difference most likely is the shooter left the victim's place of business, then returned with a gun and provoked the victim before shooting him.

It's pretty clear it was a premeditated act, not a spontaneous act of self-defense.
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 12/4/16 at 9:50 am to
he was jailed and got out on $500,000 bond.

I didn't know at first he left and came back. That shows intent, hence the murder 2.

Damn. move along.

-------------------------------------------------------------

Isn't 2nd degree murder a mandatory life sentence in LA? Did he plea down to some kind of manslaughter charge?
Posted by CENLALSUFAN
Beaumont
Member since Mar 2009
7269 posts
Posted on 12/4/16 at 9:52 am to
Dio you have a link with these quotes? They weren't in the op's link.
Posted by the LSUSaint
Member since Nov 2009
15444 posts
Posted on 12/4/16 at 9:52 am to
Probably something like the old man had taken something that belongs to the other.

NO way a jury indicts if it's straight up the guy is going after him
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 12/4/16 at 9:53 am to
quote:

Can someone suspected of a crime be held for 120 days w/o being indicted or having a bail/bond hearing? I thought anyone arrested was entitled to appear before a magistrate judge within 24 or 48 (72?) hours.



No, everyone goes before a magistrate for setting of bail (48 hrs) and appointment of counsel (72 hrs).

The 120 days is simply the time you can be jailed without being formerly charged (which means a bill of information or indictment from the District Attorney) on a case punishable by life imprisonment or death. During that time, an attorney can move to modify bail, have a preliminary hearing, etc. He gets 150 days for any felony if the defendant is already on bail.

It has no affect on the DA's ability to actually charge the case, he can wait as long as he wants/needs to. You just can't be in jail or be on bond while waiting for it.
This post was edited on 12/4/16 at 9:58 am
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
96235 posts
Posted on 12/4/16 at 9:55 am to
quote:

This Gasser guy isn't out of the woods yet. He may very well find himself indicted by a Grand Jury or even charged sooner, if more compelling evidence surfaces.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 12/4/16 at 9:58 am to
quote:

What makes this case different


A grand jury indicted him
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 12/4/16 at 10:00 am to
quote:

Mr. Batiste left and latter returned to the shop,He shot Mr.Vicknair while seated in his truck ,which was running at the time.After shooting the victim he drove away.


That changes everything

Should have been charged with pre meditated murder
Posted by tLSU
Member since Oct 2007
8691 posts
Posted on 12/4/16 at 10:01 am to
quote:

Should have been charged with pre meditated murder


Premeditation is irrelevant in Louisiana.
Posted by White Roach
Member since Apr 2009
9666 posts
Posted on 12/4/16 at 10:02 am to
Got it. Thanks for the explanation.

As good fortune would have it, I have zero personal experience with the criminal justice system.
Posted by jlc05
Member since Nov 2005
33424 posts
Posted on 12/4/16 at 10:03 am to
Did Gasser call 911?
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