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Posted on 12/2/22 at 1:08 pm to The Maj
quote:
Eh, I think he is trying to move to more of the troll side of things in an attempt to whitewash his depraved defense of all things sexually deviant... He showed his true colors and is trying to put the horse back in the barn...
Great observation.
Posted on 12/2/22 at 1:08 pm to TigerCoon
quote:
So, the DA was wrong, Hank?
I'd say the DA was probably wrong in not bringing charges, but there is precedent in CA for successfully using self-defense as a defense to felony murder
quote:
Another documented case where the defense of self-defense was successfully argued is People vs. Deiran Green, in which the defendant was indicted for malice murder, felony murder aggravated assault, and possession of a knife during the commission of a felony after he punctured the femoral nerve of a man with a knife during a physical struggle. Green filed a motion to dismiss the indictment on the grounds that he was immune from prosecution under the self-defense laws.
This case had one criminal kill another criminal and successfully use self-defense as a defense in a felony murder case. A different jury may see the facts of this case differently.
Posted on 12/2/22 at 1:10 pm to jchamil
quote:
This case had one criminal kill another criminal and successfully use self-defense
But in this case, it was a criminal piece of shite killing a guy who just wanted to go to work and return unharmed.
The Prosecutor KNOWS what IT is doing is wrong.
Lawyers are scum.
Posted on 12/2/22 at 1:11 pm to oogabooga68
quote:
But in this case, it was a criminal piece of shite killing a guy who just wanted to go to work and return unharmed.
The Prosecutor KNOWS what IT is doing is wrong.
I see it the same way as you. This case has a different set of facts than that one I quoted, he should have brought charges and let a jury decide
Posted on 12/2/22 at 1:13 pm to TigerCoon
quote:As I said early in the thread, I did not initially believe that the law dictated the prosecutor MUST decline to prosecute. Given the jury instructions cited above, that still appears to be correct.
So, the DA was wrong, Hank?
Whether he exercised proper discretion in choosing not to prosecute a case that he did not think he could win? That is a different question, with only a subjective answer.
Personally, I generally lean towards filing charges and letting the jury decide.
You may recall that was my position in the Rittenhouse case as well, despite my personal belief that he would be acquitted based on self-defense. In that case, I took a lot of flak for saying that the jury should decide the matter.
As a general principle when the law is not unequivocal, it seems to me to be best to treat it as a jury issue, not a prosecutor’s unilateral decision.
That is just my opinion.
Posted on 12/2/22 at 1:15 pm to AggieHank86
quote:
You may recall that was my position in the Rittenhouse case as well
You called Young Rittenhouse a murderer, troll....
Posted on 12/2/22 at 1:16 pm to AggieHank86
quote:
That is a different question, with only a subjective answer.
No, it is not.
This prosecutor is acting Politically, period.
Posted on 12/2/22 at 1:19 pm to AggieHank86
quote:
I think BBonds is a CA attorney. Maybe he can shed some light on the relevant statutes.
Depending upon local law, I can see an argument that his fleeing the scene might mean that the crime of theft was complete and that the shots fired at him as he was fleeing become a separate attempted assault by the clerk. If so, self-defense WOULD perhaps come into play.
Barry?
Yeah, this had nothing to do with this all happening while committing a felony.
So if a cop chases him, then that's just a cop chasing some dude and has nothing to do with the prior felony? Based on your logic, that's what you're saying.. the armed robbery is over cuz he's running away now, guys!!!
Seriously, stop being so damn stupid and trying to justify letting fricking killers go. Idiots.
This post was edited on 12/2/22 at 1:22 pm
Posted on 12/2/22 at 1:20 pm to oogabooga68
quote:No, I SAID that he committed a murder/homicide. I ALSO said he would prevail on self-defense and not be convicted.
You called Young Rittenhouse a murderer, troll....
That is the legal mechanism by which an affirmative defense works, Ooga.
Posted on 12/2/22 at 1:20 pm to AggieHank86
quote:
homicide
Not murder in this case. You were wrong.
This post was edited on 12/2/22 at 1:21 pm
Posted on 12/2/22 at 1:20 pm to AggieHank86
quote:
No, I SAID that he committed a murder/homicide. I ALSO said he would prevail on self-defense and not be convicted.
That is the legal mechanism by which an affirmative defense works, Ooga.
No fleeing from a felony is still part of the felony.
This post was edited on 12/2/22 at 1:34 pm
Posted on 12/2/22 at 1:22 pm to Zach
quote:
Juries are being manipulated more these days to help the criminal.*
*Offer does not apply to cis-gendered white males.
Posted on 12/2/22 at 1:23 pm to AggieHank86
You are a liar.
You called Kyle Rittenhouse a murderer.
You called Kyle Rittenhouse a murderer.
Posted on 12/2/22 at 1:28 pm to djmed
quote:
Twenty-year-old Ronald Jackson Jr. allegedly shot a Chevron station clerk to death in Antioch, California, Saturday but is facing no murder charges over the incident, the district attorney noting that because the suspect was shot at while fleeing, his shooting back was self-defense.
This is deliberate by the state. It is a attempt to cool the desire for gun ownership:
"you see owning a gun is actually more dangerous for you and as you can see in the latest case nothing much good is going to come from it and no murder charges are being filed."
cali
Posted on 12/2/22 at 1:30 pm to goatmilker
quote:
This is deliberate by the state. It is a attempt to cool the desire for gun ownership:
I said it when Kyle was charged, they're coming for your ability to defend yourself.
Never mind the system will not protect you.
Posted on 12/2/22 at 1:31 pm to djmed
quote:
No Murder Charge for Robber Who Allegedly Shot Clerk Dead
So we need Vigilantes and to quit depending on Law Enforcement and the Courts
Posted on 12/2/22 at 1:37 pm to oogabooga68
quote:
Sorry, but the majority of Lawyers and Judges in this country are fking pond-scum, period.
Laws, lawyers, judges, etc.etc. are there to protect the criminal IMO, not the victim!! Screw the entire judicial system for what it has become!
Posted on 12/2/22 at 1:38 pm to oogabooga68
quote:Link?
You called Kyle Rittenhouse a murderer.
The sequence was as follows:
1. A poster asked why he was being prosecuted.
2. I responded, somewhat sarcastically, “because he committed a murder?“
3. Another poster said that Wisconsin uses the term “homicide” rather than “murder.”
4. I looked at the statute, and I confirmed that this was correct. From that point forward, I used the word homicide.
5. In the same thread, I stated unequivocally that he would be exonerated based on the doctrine of self-defense … directly contrary to everyone else, who were whining that he would be railroaded into prison by the Democratic establishment of Wisconsin.
If you think that you can establish, otherwise, please provide that link. Otherwise, admit that you are wrong. (like that would ever happen)
This post was edited on 12/2/22 at 1:38 pm
Posted on 12/2/22 at 1:39 pm to AggieHank86
quote:
“because he committed a murder?“
he did not commit a murder.
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