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You break into my home at 12:30 in the morning, you‘re getting a large dose of deadly force. Camp should have emptied the magazine into Letendre right away. I think the issue is going to be proving the second shot came 8 minutes later. The 911 dispatcher didn’t hear it. Only the testimony of the girlfriend and she could be mistaken.The perp was apparently face down, bleeding out on the floor. Deadly force is not legally justified unless you are in immediate threat of death or grave bodily injury. It's pretty hard to argue that you are in immediate danger of death or grave bodily injury when you shoot someone in the back of the head while they are on the floor bleeding out.
Don't get me wrong, I have no sympathy for the deceased. But I think Mr. Camp's defense attorney is going to have a very hard time keeping him out of jail.
In the unlikely even that someone invades my house, I want to win both battles -- the one at the scene and the one in the courtroom. I'd rather not spend my retirement years rotting in prison.
The issue isn’t so much the time of the second shot, but whether or not the perp was an immediate threat of danger or grave bodily injury at the time the second shot was fired. If the second shot came one minute after the first shot, but the forensic evidence shows that the perp was face down on the floor when he was shot in the back of the head, then Mr. Camp would still be in hot water.You break into my home at 12:30 in the morning, you‘re getting a large dose of deadly force. Camp should have emptied the magazine into Letendre right away. I think the issue is going to be proving the second shot came 8 minutes later. The 911 dispatcher didn’t hear it. Only the testimony of the girlfriend and she could be mistaken.
Absolutely empty the mag, just not in a 1" group. Throw some fliers due to 'extreme panic and adrenaline rush.' And have your lawyer on speed dial.so the lesson here is once you decide that you are going to shoot, shoot to stop the threat, make sure you get the job done by repeated pulling of the trigger, but don't empty the mag because it doesn't look good
We dont know how the invader was. We only know the "theory" the prosecutor has.The perp was apparently face down, bleeding out on the floor. Deadly force is not legally justified unless you are in immediate threat of death or grave bodily injury. It's pretty hard to argue that you are in immediate danger of death or grave bodily injury when you shoot someone in the back of the head while they are on the floor bleeding out.
Don't get me wrong, I have no sympathy for the deceased. But I think Mr. Camp's defense attorney is going to have a very hard time keeping him out of jail.
In the unlikely even that someone invades my house, I want to win both battles -- the one at the scene and the one in the courtroom. I'd rather not spend my retirement years rotting in prison.
Yep. As discussed in other threads, the press on this beat is almost always carrying the water for the PD/prosecutor. The narrative will be presented.We dont know how the invader was. We only know the "theory" the prosecutor has.
For all we know the guy could have stood up, maybe turned around and that is when the second shot occurred.
However, the fact that it is to the back of the head (or so they say), that will be tough. Because even if the guy was up, he was facing the other way. But why was he facing the other way?
Maybe he got up, wrestled the home owner and turned around just as the home owner was pulling the trigger.
There is too much we don't know.
Yup, it will be interesting to listen to his lawyer's explanation of the reason for the 2nd shot.
Massachusetts does not have a Florida type "Stand Your Ground" law so he is FUBAR'd
this will boil down to one thing
Was there a threat or would a reasonable person feel there was imminent danger of severe injury or death
I know Brian, worked with him for a while, even sold him a rifle. He's a solid dude, he is a member on here, and one of us, and he certainly knows what the self defense laws are here, so lets stop speculating about what happened. Idk what his reason was for the second shot, certainly not gonna ask him right now, but I'm sure he had a justifiable reason for it. Bottom line is this a**h*** entered his house in the middle of the night, clearly intending to pick a fight and cause harm, and he had every right to defend himself, his gf, and the kids, one of which is his kid.
Y'all also need to remember The Hampshire County DA's office is very anti gun and anti conservative, and anti self defense, they have to stay on the good graces of the liberal utopias of Northampton & Amherst after all. I see no way that Brian wouldn't be charged, even if there was only one shot fired, just because of the county he is in. It will be a freaking miracle if his jury pool isn't a quagmire of purple haired lgbtqrstuvwxyz activists and anti gun hippies. Brian is a very working class right wing type of guy, drives a diesel truck, rides dirt bikes, loves hunting and shooting, values his property rights, hates Joe Biden, etc. He's gonna have a target on his back in that court system because of that also. These people fundamentally hate people like him and I'm sure it didn't take long for them to sniff that out.
Massachusetts discourages self-reliance
I know Brian, worked with him for a while, even sold him a rifle. He's a solid dude, he is a member on here, and one of us, and he certainly knows what the self defense laws are here, so lets stop speculating about what happened. Idk what his reason was for the second shot, certainly not gonna ask him right now, but I'm sure he had a justifiable reason for it. Bottom line is this a**h*** entered his house in the middle of the night, clearly intending to pick a fight and cause harm, and he had every right to defend himself, his gf, and the kids, one of which is his kid.
Y'all also need to remember The Hampshire County DA's office is very anti gun and anti conservative, and anti self defense, they have to stay on the good graces of the liberal utopias of Northampton & Amherst after all. I see no way that Brian wouldn't be charged, even if there was only one shot fired, just because of the county he is in. It will be a freaking miracle if his jury pool isn't a quagmire of purple haired lgbtqrstuvwxyz activists and anti gun hippies. Brian is a very working class right wing type of guy, drives a diesel truck, rides dirt bikes, loves hunting and shooting, values his property rights, hates Joe Biden, etc. He's gonna have a target on his back in that court system because of that also. These people fundamentally hate people like him and I'm sure it didn't take long for them to sniff that out.
Nobody here is saying he shouldn't have defended himself. Nobody here is sorry this dirtbag is dead. Nobody here is against this homeowner shooting said dirtbag, even killing him.
But.
You shoot to eliminate the threat. This guy was a threat, so the homeowner shot him. Well and good. If, at that point, he stopped being a threat? Then another shot wasn't justified. That's going to be a pretty simple question for the court to sort out, I think, regardless of whatever verbal testimony comes from whomever. It'll be obvious where he was hit initially, where he was lying, what position his body was in during the aftermath of the initial shoot, how he moved subsequently and whether he was standing or lying down when he administered the second shot.
A back-of-the-head shot is always, always, always going to be a very dicey thing to do, legally. No matter what the circumstances.
Granted.
I'm not reading the DA's statements or the local coverage, apart from the fact the second shot went to the back of the head. That's very difficult for me to justify in my mind, legally.
Anything is possible .An autopsy, plus whatever blood evidence there's likely to be on the floor, is likely to give the prosecution a VERY convincing story that this guy wasn't all that frisky at that point.
You're right that it's speculation HERE. Now. By the time it reaches the courtroom, it won't be speculation. It'll be conclusions based on evidence. I don't trust detectives either, but if I were a juror, you'd have a hard time convincing me a coup-de-grace in the back of the head after eight minutes of bleeding was the homeowner's only reasonable course of action. Or even his most reasonable course of action.
Not really. I think she was walking around, moving in and out of the house.
Don't expect the truth from the media because you're not going to get it. If they want to paint the guy as a blood thirsty killer they will. Believe me if the defendant was a black man and said he was going to get whacked by maga extremists there wouldn't even be charges.
Anything is possible .
I've always been of the "Don't start nothing there won't be nothing" mindset.
Chances are if the guy is enough of a wacko to break in in the middle of the night to go after them he will be back after the few months he would have done in jail to finish the job.
They won't even tell you when let him out.
He won't now.
You sure about that ?That's not a safe road to go down, either. You can't eliminate people today for what they might or might not do in a "few months." It doesn't work that way.
But you don't know how it happened. That is the point. Even the news presents it as "a theory".I'm not paying much attention to how he's "painted." I don't much care about his temperament or personality. I care about whether him killing this guy was done in self-defense or not. To me, given a fatal shot to the back of the melon, "self-defense" is an uphill struggle.
Paging @MrWuIt’s getting to the point where the better option is to hope that nobody heard the shots and take the perp to a pig farm or a boat ride the next morning.
Going to spend every night for the rest of your life sleeping with one eye open ?
Even if the shots were 8min apart, they are basing this on her saying "I heard a second shot", but she could have been wrong. Maybe it was someone lighting fireworks a few blocks away. Maybe that second shot happened, but not 8min later.
This is NES. Speculating about these types of events is pretty much a foregone conclusion.so lets stop speculating about what happened.
I was surprised that no one had asked yet. Usually asked within a page of replies.He's a solid dude, he is a member on here, and one of us,
I appreciate that it is too early to ask for details. But they matter.Idk what his reason was for the second shot, certainly not gonna ask him right now, but I'm sure he had a justifiable reason for it. Bottom line is this a**h*** entered his house in the middle of the night, clearly intending to pick a fight and cause harm, and he had every right to defend himself, his gf, and the kids, one of which is his kid.
At this point, his best hope may be trying to prove that the guy was already dead from the first shot. If he can get the jury to buy that, worst they can hit him with is abuse of a corpse.The sad thing if he had done things differently he could have gotten away with it. And even given the first shot theres a good chance the guy would have died anyways, getting the same outcome with less legal jeapordy.
I appreciate that it is too early to ask for details. But they matter.
If he did have a justifiable reason for it, I think folks would want to help in anyway they could. I know I would. And I bet he could use some help as soon as possible.