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Started By
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re: Will Smith's BAC 3x the legal limit when he was shot
Posted on 5/31/16 at 2:20 pm to N2cars
Posted on 5/31/16 at 2:20 pm to N2cars
quote:
And, FWIW, in Louisiana, you do not have a duty to retreat.
That isn't necessarily true. Stand your Ground doesn't apply all the time. In fact, one could argue, that if Hayes DID intentionally rear-end Smith in the 2nd accident, SYG definitely does not apply.
2
Posted on 5/31/16 at 2:22 pm to lsupride87
quote:Do you know which statute that is? Just searched for it and couldn't find it.
Yes. Possessing it while shitfaced
Posted on 5/31/16 at 2:22 pm to Fun Bunch
quote:
hat isn't necessarily true. Stand your Ground doesn't apply all the time. In fact, one could argue, that if Hayes DID intentionally rear-end Smith in the 2nd accident, SYG definitely does not apply.
Understood.
Louisiana does have a SYG law, though, as opposed to saying, "yes, you must retreat".
Posted on 5/31/16 at 2:22 pm to lsupride87
quote:
Your honky arse
quote:
lsupride87
you white or black?
Posted on 5/31/16 at 2:23 pm to StrongBackWeakMind
quote:
Do you know which statute that is? Just searched for it and couldn't find it.
Lee Circle
Posted on 5/31/16 at 2:23 pm to Fun Bunch
damn you hating on cardelle 
they are all trash. everyone at the scene.
they are all trash. everyone at the scene.
Posted on 5/31/16 at 2:25 pm to Nado Jenkins83
quote:
what if you can't drive away?
Leave the car. My life isn't worth less or more than a car. Again, I pay insurance they'll take care of it.
Especially in this case, you obviously have a plate number and once the guy it out of the car you recognize him you can leave on foot and call the cops to tell them who it was and you're all good.
Posted on 5/31/16 at 2:26 pm to Nado Jenkins83
quote:
damn you hating on cardelle
Posted on 5/31/16 at 2:26 pm to lsuhunt555
I wouldn't walk away on foot if someone said they had a gun
must be just me though.
must be just me though.
Posted on 5/31/16 at 2:27 pm to gmrkr5
quote:
i missed this... was there something about Smith's gun that came back "illegal"?
The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun:
The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
Posted on 5/31/16 at 2:27 pm to Nado Jenkins83
for the record... not that it matters any... I always believed this was more of a voluntary manslaughter type case instead of 2nd degree murder... but I'm completely uninformed legally and don't claim to have any kind of law experience
however... with everything that is 100% known at this point... I just don't see how Hayes can be found to have acted in self defense
if I was a betting person... I would say he spends 10-20 in prison
however... with everything that is 100% known at this point... I just don't see how Hayes can be found to have acted in self defense
if I was a betting person... I would say he spends 10-20 in prison
Posted on 5/31/16 at 2:28 pm to Topwater Trout
quote:Black as paper baw
you white or black?
Posted on 5/31/16 at 2:28 pm to Nado Jenkins83
The one reasoning for shots in the back was the rumor that Smith threatened to grab his gun out of his car and that is when Hayes shot him. Obviously all assumptions at this point, but if there was an argument and Smith went back to his car after threatening to grab a gun there is a small amount of justification there.
Given that, I don't see any stand your ground or any kind of protection defense standing as Hayes literally pursued Smith and Hayes got out of his vehicle to confront Smith. What happened that nobody knows. But you can't start an argument and then claim SYG or anything else IMO.
Given that, I don't see any stand your ground or any kind of protection defense standing as Hayes literally pursued Smith and Hayes got out of his vehicle to confront Smith. What happened that nobody knows. But you can't start an argument and then claim SYG or anything else IMO.
Posted on 5/31/16 at 2:28 pm to StrongBackWeakMind
quote:I have no clue if it is actually a law
Do you know which statute that is? Just searched for it and couldn't find it.
Posted on 5/31/16 at 2:28 pm to StrongBackWeakMind
A permittee may not carry and conceal a handgun while under the influence of alcohol or a controlled dangerous substance (CDS) as defined in R.S. 40:961 and 964. For purposes of the concealed handgun law, a permittee is considered under the influence of alcohol when a blood alcohol reading of .05% or greater by weight of alcohol in the blood is obtained, or a blood or urine test shows any confirmed presence of a CDS.
Posted on 5/31/16 at 2:28 pm to Nado Jenkins83
quote:
I wouldn't walk away on foot if someone said they had a gun
You going to stand there and get shot? You're in public, you can literally run 20 feet away and be sheltered.
Posted on 5/31/16 at 2:29 pm to lsuhunt555
quote:
Especially in this case, you obviously have a plate number and once the guy it out of the car you recognize him you can leave on foot and call the cops to tell them who it was and you're all good.
That is obviously the mature, correct choice, especially if you are carrying.
I don't want to escalate a situation when I have access to firearm. No good can can from that.
I also don't have to prove my masculinity by waving a .45 around.
Posted on 5/31/16 at 2:30 pm to baldona
quote:
if there was an argument and Smith went back to his car after threatening to grab a gun there is a small amount of justification there.
So if a cop did that would it be justified or would they be rioting because he shot an unarmed man?
Posted on 5/31/16 at 2:30 pm to Lester Earl
quote:
The permit to carry a concealed weapon shall be revoked by the deputy secretary when the permittee is carrying and concealing a handgun:
The blood alcohol reading of a permittee is .05 percent or greater by weight of alcohol in the blood.
So the gun was found on Smith and not in his vehicle now? Been a while since we've done one of these threads.
Posted on 5/31/16 at 2:31 pm to baldona
quote:
The one reasoning for shots in the back was the rumor that Smith threatened to grab his gun out of his car and that is when Hayes shot him.
Gonna be tough then...
If no one heard him say that, except Hayes,...
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