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

Posted on 9/9/16 at 5:39 pm to
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 5:39 pm to
quote:

Why? Seriously, why?


The moment the attacker decided to assault someone with a deadly weapon, he decided the outcome, in my opinion. The victim should never be required to have good faith that they will not be killed if they use less violence. That falls to the attacker, as it should.

quote:

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.


This is typically something people who have very little training and experience with violence fall into.

quote:

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.


I don't know why you draw your line there, but it's not particularly important to the discussion, so I'm fine with that.

quote:

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.


Have you ever been in a fight? I don't mean a fight in high school, or a scuffle at the bar. I mean a fight where your opponent is trying to kill you.
Posted by molsusports
Member since Jul 2004
37538 posts
Posted on 9/9/16 at 5:45 pm to
quote:



The moment the attacker decided to assault someone with a deadly weapon, he decided the outcome, in my opinion.


I don't think your opinion makes any sense. Violence and force are a continuum. To justify using lethal force you have to be in obvious and immediate danger of your own life being ended.

The wiggle room for that claim pretty well disappears IMO when you have time to go from a defensive posture in your car to getting up to fire additional shots while a third party tries to prevent this.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 5:54 pm to
quote:

I don't think your opinion makes any sense.


Ask any questions that will help clarify it for you.

quote:

Violence and force are a continuum. To justify using lethal force you have to be in obvious and immediate danger of your own life being ended.


This is not true.

quote:

The wiggle room for that claim pretty well disappears IMO when you have time to go from a defensive posture in your car to getting up to fire additional shots while a third party tries to prevent this.


That's fine. You can have that opinion.

Again, what is your experience with this type of situation?

A third party is mostly irrelevant, and more than likely contributes to the additional use of force in such an encounter.
Posted by banone74
Member since Oct 2006
1199 posts
Posted on 9/9/16 at 5:55 pm to
He had a bat. Other guy had a gun. Really?
Posted by Jim Rockford
Member since May 2011
105315 posts
Posted on 9/9/16 at 5:57 pm to
I want to know what led up to this. It almost looked to me like these two knew each other.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 5:58 pm to
quote:

He had a bat. Other guy had a gun. Really?


How many times have you been hit in the head with a metal bat or pipe?

I'd guess either zero or way too many.
Posted by banone74
Member since Oct 2006
1199 posts
Posted on 9/9/16 at 6:01 pm to
Darth, it's not like the bat guy got out of car wielding a gun. No, he got the bat out of trunk & approved the car. The shooter saw this. He saw he only had a bat. After the two shots, bat guy ain't doing squat. If he reaches for his pockets, finish him off. But that didn't happen. Shooter was in no danger after those two shots.
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 6:06 pm to
quote:

Darth, it's not like the bat guy got out of car wielding a gun. No, he got the bat out of trunk & approved the car. The shooter saw this. He saw he only had a bat.


You sound like the family.

quote:

He could have shot him in the foot


Maybe he should have tackled him, too.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 9/9/16 at 6:06 pm to
quote:

If I was on the jury...He would walk.




Not guilty.

Charge a person with a weapon, they can defend.

Too far? what does that even mean?
Posted by molsusports
Member since Jul 2004
37538 posts
Posted on 9/9/16 at 6:10 pm to
quote:


Again, what is your experience with this type of situation?



You first. If you are still having night terrors over the idea of being clubbed with a bat that would explain why you seem to be ok with the additional shots.
Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 9/9/16 at 6:23 pm to
Posted by DisplacedBuckeye
Member since Dec 2013
76732 posts
Posted on 9/9/16 at 6:26 pm to
quote:

You first.


You've apparently never seen me shoot at 100 yards.

quote:

If you are still having night terrors over the idea of being clubbed with a bat that would explain why you seem to be ok with the additional shots.




No. That dude wouldn't have made it to my rear bumper.
Posted by Whoopdedo_LSU
This is where I parked my car
Member since Oct 2015
1091 posts
Posted on 9/9/16 at 6:35 pm to
From what I saw, something happened before footage began and the dude in the white car probably did "something" to start it. That being said, guy with the bat deserved everything he got for attacking like that. Ole boy "should" be able to walk from this.
Posted by PT24-7
Member since Jul 2013
4592 posts
Posted on 9/9/16 at 6:38 pm to
quote:

He saw he only had a bat. After the two shots, bat guy ain't doing squat. If he reaches for his pockets, finish him off. But that didn't happen. Shooter was in no danger after those two shots.


So this is your go to every time you get assaulted with a pipe and then have to shoot someone?

Jeez the arm chair quarterbacking in these situations is amazing.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/16 at 6:41 pm to
quote:

First shot is definitely justified, but the standing over him and shooting him in the side/back of the head is when it gets iffy.


I would acquit him without even breaking a sweat if I were on the jury.

Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 9/9/16 at 6:43 pm to
quote:

If you are still having night terrors over the idea of being clubbed with a bat


Being clubbed with a bat is a good way to get killed. In fact it is probably more dangerous than being shot at, most handgun bullets won't kill unless they hit a vital area. Repeated blows to the head from a bat will.

The shooter was being threatened with deadly force wielded by a determined attacker. There might be more evidence that would change my mind, but based strictly on the video he should walk.
Posted by AUbagman
LA
Member since Jun 2014
11169 posts
Posted on 9/9/16 at 6:57 pm to
It was justified, regardless of where/how many times he shot him. I'd consider someone swinging a baseball bat around my head as a threat to my life. My first priority is making sure I eliminate that threat, whether it's running or defending myself. This guy was cornered in his car seat, hence he took the only appropriate action.

Self defense from a threat to your life is never fricking iffy.
This post was edited on 9/9/16 at 6:58 pm
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
299716 posts
Posted on 9/9/16 at 7:01 pm to
What the frick is wrong with people?
Posted by asurob1
On the edge of the galaxy
Member since May 2009
26971 posts
Posted on 9/9/16 at 7:03 pm to
quote:

Wrong. This is how you lose, and you don't want to lose.


"I was afraid for my life."


Guy walks.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 9/9/16 at 7:07 pm to
quote:

"I was afraid for my life."


Guy walks



Yep. I mean hell. Watching that video, I can't even say that he wasn't going to hit that dude with the bat before the gun came out.

Getting killed when attacking with a weapon that could kill the other guy seems like a fairly logical result.
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