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re: Self defense or manslaughter. Video of shooting after road rage incident

Posted on 9/9/16 at 4:18 pm to
Posted by SmellslikeKevinBacon
Louisiana
Member since Dec 2012
6210 posts
Posted on 9/9/16 at 4:18 pm to
Dat dere murda
Posted by HeadChange
Abort gay babies
Member since May 2009
43925 posts
Posted on 9/9/16 at 4:19 pm to
quote:

He could have shot him in the foot

Posted by BayouBlue
Austin
Member since Nov 2003
1942 posts
Posted on 9/9/16 at 4:23 pm to
1000% justified
Posted by dagrippa
Saigon
Member since Nov 2004
12171 posts
Posted on 9/9/16 at 4:24 pm to
If he didnt take the second shot I'd say nothing.

He coolly chambers the round and smokes him. The gangster second shot is inexcusable imo. He will get off tho.
Posted by Scruffy
Kansas City
Member since Jul 2011
77270 posts
Posted on 9/9/16 at 4:26 pm to
Ah, the court of emotional public opinion.
Posted by cas4t
Member since Jan 2010
72160 posts
Posted on 9/9/16 at 4:27 pm to
Did he need to shoot him in the back of the head like that? No.

Do I think you even realize what's going on in that situation? No.

Play stupid games and win stupid prizes. Let this be a lesson to anyone that sees it. You never know who is armed, so maybe don't swing a pipe at them over some bullshite on the freeway.
Posted by cas4t
Member since Jan 2010
72160 posts
Posted on 9/9/16 at 4:28 pm to
The last shot in the back of the head seems like the 3rd or 4th shot, likely the 4th. Watch again
Posted by 7thWardTiger
Richmond, Texas
Member since Nov 2009
24670 posts
Posted on 9/9/16 at 4:28 pm to
quote:

stupid games and win stupid prizes. Let this be a lesson to anyone that sees it. You never know who is armed, so maybe don't swing a pipe at them over some bullshite on the freeway.


The link is wrong, it wasn't road rage, it was two former friends having a dispute about money. Doesn't change anything, just added backstory.
Posted by cas4t
Member since Jan 2010
72160 posts
Posted on 9/9/16 at 4:31 pm to
damn, he smoked his friend

either way, if you don't wanna die, don't pull pipes on people
Posted by Charlie Arglist
Wichita, Kansas
Member since Nov 2012
5550 posts
Posted on 9/9/16 at 4:32 pm to
quote:

How so?


He stood over the guy and shot him.

Threat was clearly over.

Posted by piratedude
baton rouge
Member since Oct 2009
2805 posts
Posted on 9/9/16 at 4:47 pm to
if the first shot was fatal, what's the crime for the later shots? can't be homicide. justified shooting to me, but the 2nd and 3rd shoots don't feel right.

dead guy begged for it.
Posted by molsusports
Member since Jul 2004
37537 posts
Posted on 9/9/16 at 4:48 pm to
First shot was probably justifiable. With the pause in between shots and the loss of the shot guy's ability to pose a threat I think the second and third (or more) shots probably put you at risk of at least manslaughter.

The thing some people don't seem to absorb about having and then using a gun is the position of responsibility it places on you. You do have the ability to take a life but with that overwhelming force option should come a heavy sense of restraint. Failure to show restraint when you have the trump card is probably criminal.
Posted by DoUrden
UnderDark
Member since Oct 2011
26192 posts
Posted on 9/9/16 at 4:54 pm to
Clean shoot, dude that jumped in the middle of it is a dumbass.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 5:05 pm to
quote:

First shot was probably justifiable.




Probably?

quote:

The thing some people don't seem to absorb about having and then using a gun is the position of responsibility it places on you. You do have the ability to take a life but with that overwhelming force option should come a heavy sense of restraint. Failure to show restraint when you have the trump card is probably criminal.


The guy swung that pipe quite a few times. He had plenty of restraint.
Posted by molsusports
Member since Jul 2004
37537 posts
Posted on 9/9/16 at 5:20 pm to
quote:


The guy swung that pipe quite a few times. He had plenty of restraint.



I'm not following you. You're saying there was no lower level of violence that he could have used other than shooting him and then shooting him twice more while someone else tried to restrain him from the additional shots?

In fear of your life probably holds for the first shot (this might be debatable in light of their apparent history as friends, but lets give him the benefit of reasonable doubt). I don't see it that way for the second and third shots.

If you are in the position of the shooter the larger points ought to be 1) do you have to kill your friend whom you owe money? 2) do you want to risk your freedom based on how a jury interprets your second and third shots?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112897 posts
Posted on 9/9/16 at 5:22 pm to
quote:

Threat was clearly over
again, how so?

The dude in the Niddle was clocking his view, it's a crazy situation, highly doubtful he was certain the threat was contained in that position in that moment.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112897 posts
Posted on 9/9/16 at 5:24 pm to
quote:

In fear of your life probably holds for the first shot (this might be debatable in light of their apparent history as friends
Probably and debatable?
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 5:25 pm to
quote:

You're saying there was no lower level of violence that he could have used other than shooting him and then shooting him twice more while someone else tried to restrain him from the additional shots?


I'm saying there is no reason he should be required to consider a lower level of violence.

quote:

I don't see it that way for the second and third shots.


Then I hope you never need to defend yourself with a firearm.

quote:

If you are in the position of the shooter the larger points ought to be


That isn't what it ought to be, and this is the problem. It ought to be:

1. Is it a good idea to attack someone with a pipe?
2. Do you want to risk your life with your skull versus a metal pipe?
Posted by molsusports
Member since Jul 2004
37537 posts
Posted on 9/9/16 at 5:31 pm to
quote:

You're saying there was no lower level of violence that he could have used other than shooting him and then shooting him twice more while someone else tried to restrain him from the additional shots?

I'm saying there is no reason he should be required to consider a lower level of violence.



Why? Seriously, why? We are talking about life and death outcomes here. Being forced to consider a lower level of violence when your life is not in imminent danger (second and third shots) and when it costs someone else their life seems like a minimum standard for a civilized society.

Let's take for granted that I would reverse my opinion if it could be conclusively shown the shot man was fatally wounded by the first shot - so lets please not waste time debating something other than the principle I think we disagree upon.

quote:


1. Is it a good idea to attack someone with a pipe?
2. Do you want to risk your life with your skull versus a metal pipe?


No.
No.

Clearly the man with the pipe acted with bad judgment. I agree that he put his life at risk because I agree the first shot appears to be justified.

What we appear to disagree upon is whether or not you are entitled to execute someone if they substantially threaten you. A third party was trying to physically restrain him from the additional shots - so there was enough restraint and time for a different outcome.
Posted by Charlie Arglist
Wichita, Kansas
Member since Nov 2012
5550 posts
Posted on 9/9/16 at 5:38 pm to
quote:

again, how so?


That is my opinion. I may be wrong, but I believe that he would be convicted in Louisiana.

Of course, if it was always that clear cut, there would never be a need for a trial.

I didn't look to see where that happened, but I'd like to follow the disposition.
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