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re: Man in NC gets car wrecked by Hispanics & arrested because he held them till police came.

Posted on 12/26/25 at 12:13 pm to
Posted by thebigmuffaletta
Member since Aug 2017
15478 posts
Posted on 12/26/25 at 12:13 pm to
quote:

weighing the credibility of witnesses is a jury question.


Looks to me as if the police already “weighted the credibility of the witnesses” by ignoring the statement given by a non biased witness.
Posted by Swoozie
Member since Jan 2021
1282 posts
Posted on 12/26/25 at 12:23 pm to
quote:

No, in MOST of America, you are not supposed to threaten deadly force (handgun) in response to a property crime, because we live in a civilized society and not the damned Wild West.

What about after you’ve left someone bleeding and unconscious?
Posted by Crappieman
Member since Apr 2025
1992 posts
Posted on 12/26/25 at 12:36 pm to
A jury of 12 would have to vote me guilty. Im thinking jury nullification is in order.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62798 posts
Posted on 12/26/25 at 12:41 pm to
quote:

Thank you. I see that as well. I see he is not being charged for unlawful, detainment, or attempt to kidnapping. I wonder if the other charges with a gun and physical assault will stand.


This was earlier this month. Since the charges weren't immediately dropped, injustice has already occurred.
Posted by imjustafatkid
Alabama
Member since Dec 2011
62798 posts
Posted on 12/26/25 at 12:41 pm to
Double post.
This post was edited on 12/26/25 at 12:42 pm
Posted by novabill
Crossville, TN
Member since Sep 2005
10736 posts
Posted on 12/26/25 at 12:48 pm to
quote:

Witnessed said he just put his hand on their shoulders and told them not to leave.


Cant see a problem with putting a hand on someone's shoulder.

I am amazed at his restraint. He just got tboned by some illegals and all he did was put his hand on their shoulders and ask them not to leave.

Is it ok, if I believe this?
Posted by i am dan
NC
Member since Aug 2011
30552 posts
Posted on 12/26/25 at 1:13 pm to
Why is the white man referred to as a just a "man", and the hispanic men are referred to as "hispanics"?
Posted by imjustafatkid
Alabama
Member since Dec 2011
62798 posts
Posted on 12/26/25 at 1:36 pm to
quote:

Cant see a problem with putting a hand on someone's shoulder.

I am amazed at his restraint. He just got tboned by some illegals and all he did was put his hand on their shoulders and ask them not to leave.

Is it ok, if I believe this?


I think it's okay even if you don't believe this. I also don't think it was stated all he did was "gently" place his hands on their shoulders. He very well could have put his hands on them and told them he had a gun and not to move, even though other witnesses claim he did not have one. Does that change anything? I say no.

Personally, I see no problem with him pulling a gun and holding them there, as is being alleged. There's just no evidence available to us that supports this having happened. The owner of the store, who I have to assume provided the surveillance video, said the victim didn't have a gun. If one wants to believe what appears to be woke law enforcement over impartial observers, that person is free to do so.
This post was edited on 12/26/25 at 1:41 pm
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2217 posts
Posted on 12/26/25 at 6:45 pm to
quote:

quote:

weighing the credibility of witnesses is a jury question.
Looks to me as if the police already “weighted the credibility of the witnesses” by ignoring the statement given by a non biased witness.


They did not "ignore" your witness. They were faced with conflicting witness statements. This isn't Judge Dredd. Rather than "picking a side," they did their job and handed the "credibility" issue to the court system.

As an aside, is anyone here so naive as to believe that LEOs did not find a handgun on the person of the defendant, when the LEOs arrived on the scene? Any chance that might have been a factor in their actions?
This post was edited on 12/26/25 at 7:28 pm
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2217 posts
Posted on 12/26/25 at 7:03 pm to
quote:

We actually can detain someone suspected of committing a crime. It appears the law in NC even allows for that.
Some crimes, yes, under some circumstances.
quote:

§15A-404. Detention of offenders by private persons.

(b) When Detention Permitted. - A private person may detain another person when he has probable cause to believe that the person detained has committed in his presence:

(1) A felony,
(2) A breach of the peace,
(3) A crime involving physical injury to another person, or
(4) A crime involving theft or destruction of property.

(c) Manner of Detention. - The detention must be in a reasonable manner considering the offense involved and the circumstances of the detention.
Let's assume (for purposes of discussion) that this statute DOES allow Zebulon Man to "detain" the two hombres in question. The question REMAINS whether he is entitled to utilize deadly force (a handgun) to effect that detention.

The kidnapping charges would tend to support an argument of "no."

It might be instructive to examine when an LEO is entitled to use deadly force to arrest/detain a person. Secion15A-401(d)(2) addresses that question:
quote:

A law-enforcement officer is justified in using deadly physical force upon another person (to detain/arrest a person) only when it is or appears to be reasonably necessary thereby:

a. To defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force;
b. To effect an arrest or to prevent the escape from custody of a person who he reasonably believes is attempting to escape by means of a deadly weapon, or who by his conduct or any other means indicates that he presents an imminent threat of death or serious physical injury to others unless apprehended without delay; or
c. To prevent the escape of a person from custody imposed upon him as a result of conviction for a felony.
This post was edited on 12/26/25 at 7:15 pm
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2217 posts
Posted on 12/26/25 at 7:04 pm to
quote:

The owner of the store he was leaving
He was leaving a bar, not a store.
Posted by RelentlessAnalysis
Trumpist Populism: Politics by LCD
Member since Oct 2025
2217 posts
Posted on 12/26/25 at 7:09 pm to
quote:

You can’t hold anyone with a gun and kick them after a traffic accident if they are trying to flee. I’m pretty sure that law is universal in the United States of America.
quote:

Leaving the scene of an accident is a crime. We actually can detain someone suspected of committing a crime. It appears the law in NC even allows for that.

He (allegedly) pulled a gun on the PASSENGERS.

What crime do you contend that the PASSENGERS committed? It was the driver who fled the scene.
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