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Started By
Message
re: This is Murder
Posted on 11/28/21 at 6:33 pm to diat150
Posted on 11/28/21 at 6:33 pm to diat150
quote:
it turned physical when the victim decided to approach the armed shooter on his porch and initiate physical contact in a very threatening manner.
Why do you refuse to acknowledge the unnecessary escalation of the shooter by introducing a gun in a situation it was not needed?
You psychos are why the left hates guns so damn much and wants to restrict them so much.
Too many of you think owning a gun gives you a right to shoot anyone that looks at you crossed while near your house. Complete insanity.
3
Posted on 11/28/21 at 6:38 pm to jclem11
If you introduce an intruder on private property then the landowner, in many cases, is going to introduce a reason to gtfo the land.
Grab the gun and swing you around? Gonna catch lead.
Grab the gun and swing you around? Gonna catch lead.
Posted on 11/28/21 at 6:38 pm to stlslick
quote:
You rednecks are going to learn the hard way, about when you can use deadly force.
Did I miss a thread where everyone was saying the boyfriend was in the right?
Posted on 11/28/21 at 6:49 pm to jclem11
quote:
You gun nuts are frickin lunatics; the shooter was so scared he went inside and grabbed a gun and even fired a warning shot lmao. He committed aggravated assault at minimum by firing into the ground.
You just acknowledged that the home owner was scared, causing him to retrieved a firearm and fire a warning shot to discouraged the other guy from coming any closer, sounds like a preamble to self defense, especially since it is in Texas.
This post was edited on 11/28/21 at 6:51 pm
Posted on 11/28/21 at 6:56 pm to EA6B
quote:
and fire a warning shot to discouraged the other guy from coming any closer, sounds like a preamble to self defense, especially since it is in Texas.
Warning shots are not legal in Texas.
LINK
I don’t know if that was a warning shot, accidental discharge or really bad aim. But claiming it was a warning shot is not going to help his self defense case.
Posted on 11/28/21 at 6:59 pm to EA6B
I was taught that it’s hard to argue you felt your life was in danger if you leave….go inside where you could easily lock the door and call the cops….and go back outside and confront somebody with a weapon. Now, if he felt his GFs life was in danger that would work because you can defend somebody else’s life….but don’t know if that’s the case here.
It’s hard to use the castle doctrine or self defense if you’re the one that brings the weapon into the fray. Prosecutor will say if you thought your life was in danger why did you go confront the individual? If you keep your gun concealed and they come at you…then it’s a different story. If you come and an point a gun at somebody - then who’s the aggressor?
Not saying I agree with this…it’s just how the law in SC was explained to me.
It’s hard to use the castle doctrine or self defense if you’re the one that brings the weapon into the fray. Prosecutor will say if you thought your life was in danger why did you go confront the individual? If you keep your gun concealed and they come at you…then it’s a different story. If you come and an point a gun at somebody - then who’s the aggressor?
Not saying I agree with this…it’s just how the law in SC was explained to me.
This post was edited on 11/28/21 at 7:00 pm
Posted on 11/28/21 at 7:16 pm to CuyahogaTigerJr
quote:
gun puts bullet where it’s pointed at if triggered, what am I missing here
Simple. The gun may put bullets where it's going but if you start waiving s gun around and even firing or accidently discharging it. That's not legal. The other part of this is hiding the kid and violating the custody agreement. Not sure where that comes in and where the upset parent came from in the first place. It may not be relevant or could add a layer to the prosecution showing how the shooter escalated from the start
Posted on 11/28/21 at 7:18 pm to oklahogjr
quote:
The other part of this is hiding the kid and violating the custody agreement. Not sure where that comes in and where the upset parent came from in the first place. It may not be relevant or could add a layer to the prosecution showing how the shooter escalated from the start
you do realize that this guy was just dating the ex-wife. he has no legal authority concerning the kids
Posted on 11/28/21 at 7:21 pm to diat150
The fatal shot was fired from 8 feet away. The guy is toast.
Posted on 11/28/21 at 7:23 pm to SquatchDawg
Yeah this guy is going to prison. No doubt about it. That "Warning Shot" is an assault with a deadly weapon. At that point the guy reaching for the gun was the only way out if he believed the dude just missed him. He can't outrun the next one. It's a murder.
Posted on 11/28/21 at 7:26 pm to jclem11
quote:
Why do you refuse to acknowledge the unnecessary escalation of the shooter by introducing a gun in a situation it was not needed?
You psychos are why the left hates guns so damn much and wants to restrict them so much.
Too many of you think owning a gun gives you a right to shoot anyone that looks at you crossed while near your house. Complete insanity.
you are losing it. the shooter was well within his right to grab his gun. if you can find otherwise in the Texas laws please squat and produce. Was that the right move? Since the guy was unhinged enough to confront, get physical, make a threat to take the gun and kill him, and then act upon that threat it seems the shooter made the right move. keep in mind that the victim was at the shooters residence/place of business making the scene. The shooter calmly asked the guy to leave. we dont know any of the facts. maybe the shooter has a heart condition or some other physical ailment. maybe he cant fight. maybe he didnt feel like fighting. maybe the victim had a history of violence. regardless, getting the gun was reasonable and within the confines of the law.
Posted on 11/28/21 at 7:28 pm to Diseasefreeforall
quote:
The fatal shot was fired from 8 feet away. The guy is toast.
yes 1 second after the victim tried to rip the gun out of his hands and threw him off of his own porch.
Posted on 11/28/21 at 7:36 pm to Captain Rumbeard
“Texas juries have a three-step process that they will use when looking at such cases:
After reviewing the Texas legislation that discusses the use of deadly force, the jury must find that you were justified in using this level of force to stop the trespasser, thief, or attempted murderer.
The jury must decide that you had reasonable belief to think that deadly force was immediately necessary to stop the individual from fleeing the scene with your property in hand or to protect yourself against the individual.
The jury must agree that when you used deadly force, you believed that you had no other means to protect your property from being taken or protect yourself and that using less force would have led to risks of your own death or serious injuries. “
After reviewing the Texas legislation that discusses the use of deadly force, the jury must find that you were justified in using this level of force to stop the trespasser, thief, or attempted murderer.
The jury must decide that you had reasonable belief to think that deadly force was immediately necessary to stop the individual from fleeing the scene with your property in hand or to protect yourself against the individual.
The jury must agree that when you used deadly force, you believed that you had no other means to protect your property from being taken or protect yourself and that using less force would have led to risks of your own death or serious injuries. “
Posted on 11/28/21 at 7:53 pm to diat150
quote:
yes 1 second after the victim tried to rip the gun out of his hands and threw him off of his own porch.
Dude, he was like 10 feet away and not moving towards him at all. Point your weapon at him, that’s fine. If he moves towards you, then that’s one thing. But there’s quite of bit distance between the two and the victim is just standing there. Hard to argue you were imminently worried about losing your life at that point in time.
If Kyle Rittenhouse, a 17 year old under much more stressful conditions, can remain calm and keep his head, this guy should to.
Posted on 11/28/21 at 8:05 pm to jclem11
quote:
Why do you refuse to acknowledge the unnecessary escalation of the shooter by introducing a gun in a situation it was not needed?
Not so sure this part is super relevant. There's nothing wrong with the guy getting the gun.
quote:
Too many of you think owning a gun gives you a right to shoot anyone that looks at you crossed while near your house. Complete insanity.
That's not saying his warning shot or the kill shots were intelligent or legally justified that part is a lot murkier. But he isn't at fault by nature of getting his rifle nor exiting his house his house. He has every right to have his gun and be on his property.
Posted on 11/28/21 at 8:06 pm to stlslick
I feel bad for the dead dad and for the kid. This seems like it may have been an ongoing custody battle just based off the victims threat to drag the other 3 individuals into court, one of them being the judge. If the guy had the right to pick up his boy at 3:15 then damnit, give him his boy. Almost 3 hours with your son is an eternity when dealing with limited time. Then the other dude goes inside to get his gun only added fuel to the fire. This is a sad situation all around, a dead dad and a fatherless boy.
Posted on 11/28/21 at 8:08 pm to onmymedicalgrind
Except this guy wanted to kill the ex husband.
Posted on 11/28/21 at 8:09 pm to onmymedicalgrind
quote:
Dude, he was like 10 feet away and not moving towards him at all. Point your weapon at him, that’s fine. If he moves towards you, then that’s one thing. But there’s quite of bit distance between the two and the victim is just standing there. Hard to argue you were imminently worried about losing your life at that point in time.
it was literally 1 second before the shot that the guy tried taking the weapon. 1 second from the time the victims hand was off the gun and the shooter caught his balance and made the shot. dont be unreasonable here. nothing regarding threat level or anything can be figured out in 1 second.
quote:
If Kyle Rittenhouse, a 17 year old under much more stressful conditions, can remain calm and keep his head, this guy should to.
how many people did rittenhouse shoot? he was justified just as this guy was. even more this guy was at his house, not in a public space and had asked this moron to leave.
Posted on 11/28/21 at 8:15 pm to AMS
quote:
Not so sure this part is super relevant. There's nothing wrong with the guy getting the gun
No there’s not and there’s no restriction to you having a gun out on your property (was it his property?)
But for self defense to stick you have to be able to prove you felt you were in imminent danger. If the victim is unarmed and you shoot him from 10 ft away that’s a hard sell.
This guy thought he would diffuse the situation by bringing his gun out and when the dude charged him it fricked things up. People are stupid and now you’re in a situation to where you have to shoot somebody.
Basic tenet of not pulling a gun on unless you’re prepared to shoot someone applies here.
Posted on 11/28/21 at 8:18 pm to diat150
quote:
it was literally 1 second before the shot that the guy tried taking the weapon. 1 second from the time the victims hand was off the gun and the shooter caught his balance and made the shot. dont be unreasonable here. nothing regarding threat level or anything can be figured out in 1 second.
How long does it take for someone to “reassess” threat level in your opinion?
At the time of the shooting, the shooter was
~10 feet away from the victim. The victim was standing still and not making any movements towards the shooter. I’m with you—if the victim starts charging the shooter, you can defend yourself. But that’s not the case here.
quote:
how many people did rittenhouse shoot?
I’m talking specifically of the people he did not shoot. He would point his weapon towards aggressors, and if they put their hands up or started retreating, he would not shoot. This guy should have done the same.
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