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re: Smith Shooter's Lawyer "My Client Was Not The Aggressor"

Posted on 4/11/16 at 3:48 pm to
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288363 posts
Posted on 4/11/16 at 3:48 pm to
quote:

Travers Mackel ?@TraversMackel 12m12 minutes ago
Fuller: (On Will Smith murder investigation) Things 'unearthed' and 'uncovered' at the scene may have been withheld. @wdsu
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40275 posts
Posted on 4/11/16 at 3:49 pm to
quote:

I'm thinking that law would vary by state. You may be correct. But I doubt you know LA's laws concerning self defense with deadly force laws.



You can absolutely use deadly force if you have a reasonable belief that you are in imminent danger of grave bodily harm or death.

I'd imagine the vast majority of states have a similar standard.
Posted by NoSaint
Member since Jun 2011
12457 posts
Posted on 4/11/16 at 3:52 pm to
quote:

I think it's a reasonable assumption that he's coming back with his gun and not his insurance information.


sure but is it reasonable enough to kill a man? because thats really what the discussion is. it sounds like its reasonable to think he may be producing a weapon but we still dont know that he actually has it, or that he would actually be using it. just declaring i have a gun and turning around by itself would be a tough case to sell.
Posted by Fun Bunch
New Orleans
Member since May 2008
127939 posts
Posted on 4/11/16 at 3:52 pm to
quote:

If you think they are going to actually shoot you then you sure as shite can shoot first



What a person "thinks" is going to happen isn't relevant. That is subjective.

It has to be a REASONABLE belief (objective standard) that he is in danger of losing his life or great bodily harm, AND the killing is necessary to save himself from that danger.
Posted by 777Tiger
Member since Mar 2011
88503 posts
Posted on 4/11/16 at 3:54 pm to
quote:

It has to be a REASONABLE belief (objective standard) that he is in danger of losing his life or great bodily harm, AND the killing is necessary to save himself from that danger.

rather be tried by a jury of peers than have peers as my pallbearers, or something like that
Posted by Chad504boy
4 posts
Member since Feb 2005
176031 posts
Posted on 4/11/16 at 3:55 pm to
see its coming full circle, the road rage theme when this first came out is actually hayes that was raging in the street wanting to fight Will Smith (possibly shirt off etc)... that's when will said get out of here, i'm getting my gun... that didn't give the lunatic a rationale reason to shoot Smith. Hayes was the aggressive fricking lunatic. frick you hayes, i got you figured out.
Posted by Rebel
Graceland
Member since Jan 2005
141451 posts
Posted on 4/11/16 at 3:55 pm to
Well, it's fairly certain that Hayes did have a weapon.

So by your statement, Smith would have been within his rights to go after a weapon.

But since Hayes got afraid, he within his rights to shoot.

Where does it stop?
Posted by Festus
With Skillet
Member since Nov 2009
86052 posts
Posted on 4/11/16 at 3:56 pm to
quote:

I'm thinking that law would vary by state. You may be correct. But I doubt you know LA's laws concerning self defense with deadly force laws.



He's actually wrong. Just believing someone is going to shoot you doesn't automatically mean you can shoot them. The key word is IMMINENT danger.

quote:

im·mi·nent
'im?n?nt/Submit
adjective
1.
about to happen.


Someone can tell you they're going to shoot and kill you one day. You may completely believe them. You can't then just shoot them. You should report the threat to the police. It doesn't give you automatic permission to shoot someone as 480 states, because the danger isn't imminent.
Posted by Chad504boy
4 posts
Member since Feb 2005
176031 posts
Posted on 4/11/16 at 3:56 pm to
Fuller is doing a great job of spinning the media but he's just doing a fricking spin job 101. Hayes was an a-hole lunatic instigating shite.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40275 posts
Posted on 4/11/16 at 3:57 pm to
quote:

see its coming full circle, the road rage theme when this first came out is actually hayes that was raging in the street wanting to fight Will Smith (possibly shirt off etc)... that's when will said get out of here, i'm getting my gun... that didn't give the lunatic a rationale reason to shoot Smith. Hayes was the aggressive fricking lunatic. frick you hayes, i got you figured out.



How about we just let the facts and details come out first.
Posted by Fun Bunch
New Orleans
Member since May 2008
127939 posts
Posted on 4/11/16 at 3:58 pm to
quote:

Well, it's fairly certain that Hayes did have a weapon.

So by your statement, Smith would have been within his rights to go after a weapon.

But since Hayes got afraid, he within his rights to shoot


Yeah, no.

If Hayes was the aggressor, or let it be known first that he was armed, self defense would be an almost impossible sell.
Posted by 777Tiger
Member since Mar 2011
88503 posts
Posted on 4/11/16 at 3:58 pm to
quote:

How about we just let the facts and details come out first.

GTFO!
Posted by Lester Earl
3rd Ward
Member since Nov 2003
288363 posts
Posted on 4/11/16 at 3:58 pm to
quote:

Fuller is doing a great job of spinning the media but he's just doing a fricking spin job 101. Hayes was an a-hole lunatic instigating shite.



about as good of a job as you are doing spinning it
Posted by Chad504boy
4 posts
Member since Feb 2005
176031 posts
Posted on 4/11/16 at 3:58 pm to
quote:



How about we just let the facts and details come out first.



facts will support my theme.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
40275 posts
Posted on 4/11/16 at 3:59 pm to
quote:

facts will support my theme.



Ok that's fine. Why don't you let that happen before going all BLM on us?
Posted by tigerskin
Member since Nov 2004
44818 posts
Posted on 4/11/16 at 4:01 pm to
The witness said Smith was the first to say I have a gun. Will should have drove off when the guy was threatening to fight him.
Posted by Scooba
Member since Jun 2013
20005 posts
Posted on 4/11/16 at 4:02 pm to
quote:

facts will support my theme.


But Hayes' calling 911 and remaining at the scene doesn't.
Posted by L S Usetheforce
Member since Jun 2004
23241 posts
Posted on 4/11/16 at 4:03 pm to
contestant: Things concealed gun owners should never say for 1000 Alex?

Alex:When approaching an aggressor, you should always make it known to the aggressor you have a gun?

contestant: What is Hell NO?

Alex: You are correct.

Posted by Chad504boy
4 posts
Member since Feb 2005
176031 posts
Posted on 4/11/16 at 4:06 pm to
quote:

about as good of a job as you are doing spinning it


i'm only using witness accounts to formulate what happened.

Posted by Chad504boy
4 posts
Member since Feb 2005
176031 posts
Posted on 4/11/16 at 4:08 pm to
quote:


But Hayes' calling 911 and remaining at the scene doesn't.



hayes called 911 before he arrived at this scene and went animalistic. that 911 call should be interesting as well.

staying at scene, i mean there's multiple fricking witnesses, he already called police, what's running away going to help? he was acting like an aggressor, heard gun and shot will in the back.
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