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Started By
Message
1
Posted on 12/2/16 at 12:49 pm to JohnnyKilroy
quote:
Most important part.
Agree
The law governing self defense does not excuse any violent act just because another person struck the first blow or made a violent threat. Traditional self defense laws require a person who is being attacked or threatened with imminent attack to act reasonably and
•retreat if possible without taking any physical action, and
•use only the amount of force reasonably necessary to fend off the attacker.
I don't think the "Castle Doctrine" applies to automobiles...
This post was edited on 12/2/16 at 12:51 pm
Posted on 12/2/16 at 12:50 pm to CoachDon
You're picking and choosing here without knowing the full story. I can pick and choose to to support guilty.
quote:
he may respond with a firearm.
quote:
no duty to choose an apparent safe way to retreat
quote:
reasonable force necessary
Posted on 12/2/16 at 12:50 pm to Napoleon
If a big black guy gets out of his car and is trying to enter my truck from the passenger window you damn right I'm pull out my gun a shoot if I feel like this guy is going to get in my truck and hurt or kill me.
Posted on 12/2/16 at 12:51 pm to massiveattack
quote:
Seems like this situation would qualify if there is some good video from the shell or traffic lights
If Gasser got out of his vehicle and fired then all bets are off. If Gasser fired from his seat while Mcknight was hanging in the passenger window trying to harm him then he would have a case.
Posted on 12/2/16 at 12:51 pm to CoachDon
quote:
•retreat if possible without taking any physical action, and
This is not true in a "Stand your ground" situation
quote:
•use only the amount of force reasonably necessary to fend off the attacker.
But this part applies at all times.
If you reasonably believe you are about to be killed, or if you reasonably believe you are about to be brutally maimed/beaten you can shoot. Otherwise, you can't.
Posted on 12/2/16 at 12:51 pm to tgrbaitn08
What about a big white guy?
Posted on 12/2/16 at 12:52 pm to CoachDon
quote:
I don't think the "Castle Doctrine" applies to automobiles...
It does in Louisiana
Posted on 12/2/16 at 12:52 pm to CoachDon
quote:
Just posting for informational reasons....
Let's post the law applicable to LA:
quote:
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(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.
The victim has to be attempting to gain unlawful entry into the vehicle or you have to default to the standard imminent danger of losing life or receiving great bodily harm in section 1.
Posted on 12/2/16 at 12:52 pm to tgrbaitn08
quote:
If a big black guy gets out of his car and is trying to enter my truck from the passenger window you damn right I'm pull out my gun a shoo
What if he is a medium sized white guy?
Posted on 12/2/16 at 12:53 pm to tgrbaitn08
quote:
If a big black guy gets out of his car and is trying to enter my truck from the passenger window you damn right I'm pull out my gun a shoot if I feel like this guy is going to get in my truck and hurt or kill me.
The "big black guy" comments in this thread are hilarious. Mcknight was an average sized human being that happened to be black. I thought the OT was full of 6'4 240lb 2% body fat baws?
Posted on 12/2/16 at 12:53 pm to CoachDon
If you escalate the situation you lose your self-defense. If a person punches you, then you pull a gun and point it at them, then they shoot you, they have justifiable self-defense even though they started it because you escalated the situation and gave them reasonable fear of imminent bodily harm. As much as we want this to be the Wild West, our laws don't allow us to cap someone because they look scary and said they were going to beat us up.
Posted on 12/2/16 at 12:53 pm to JohnnyKilroy
If dude really stood over McKnight and fired a fatal shot, then I don't think it matters one way or the other how it all went down. It may have started off where the shooter was justified as a defense from McKnight, but if he ended it that way, he's fricking toast.
Posted on 12/2/16 at 12:54 pm to fightin tigers
quote:
What if he is a medium sized white guy?
any tattoos or piercings?
Posted on 12/2/16 at 12:54 pm to slackster
I said that earlier and Scuba Steve responded back like he knew what he was talking about.
Posted on 12/2/16 at 12:55 pm to CoachDon
quote:
If dude really stood over McKnight and fired a fatal shot, then I don't think it matters one way or the other how it all went down. It may have started off where the shooter was justified as a defense from McKnight, but if he ended it that way, he's fricking toast.
I agree, but this seems less likely given statements from other witnesses. Namely, the guy who was in his car behind them. I believe (someone correct me if I am wrong) that he said he heard arguing and then three shots.
Posted on 12/2/16 at 12:55 pm to StripedSaint
quote:
No it isn't. Gasser could have been threatened before the victim got out of his car.
If you notice, I said Gasser cannot open fire because McKnight got out and was on the way to Gasser's car. Before McKnight tries to make any entry into the car, Gasser can only use deadly force if he is acting in self defense and his life is in imminent danger, and you'll have a hard time convincing people that is the case when you're in a vehicle and McKnight is just walking towards you.
Posted on 12/2/16 at 12:55 pm to MightyYat
quote:
The "big black guy" comments in this thread are hilarious. Mcknight was an average sized human being that happened to be black. I thought the OT was full of 6'4 240lb 2% body fat baws?
All black guys are big and scary to some of the people in here
Posted on 12/2/16 at 12:57 pm to MightyYat
quote:He wouldnt need a case. There will be no charges if that is what happened and there is evidence of this.
If Gasser fired from his seat while Mcknight was hanging in the passenger window trying to harm him then he would have a case.
This post was edited on 12/2/16 at 12:57 pm
Posted on 12/2/16 at 12:57 pm to Napoleon
quote:
I said that earlier and Scuba Steve responded back like he knew what he was talking about.
He doesn't. He's picking and choosing different parts to apply to his made up scenario.
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