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He knew trouble was coming.
Then, when not faced with a deadly threat, he drew a gun.
he should have left the gun in the trunk, went inside dialed 911 grabbed a rape whistle and sheltered in place.Exactly. Trouble. They weren't coming over for tea and crumpets. They were coming to cause trouble. At the place he lives.
How in the hell do you know they were not a deadly threat? What did they return to do? Seems his actions prevented that. They accosted him at his own home and because he didn't run away he's the criminal?
I suppose if it is your belief that people don't have the right to self defense unless inside their home, an taking actions when you are not to prevent escalation isn't appropriate, I see your position. I also reject the idea that doing so is wrong.
My bet is he listens to his attorney and takes a plea bargain that results in little jail time, but still results in him becoming a prohibited person.
he should have left the gun in the trunk, went inside dialed 911 grabbed a rape whistle and sheltered in place.
i know the law in CT, thats why i said it, that was his best legal recourse. unfortunately, according to the law we should run away and cower. in a common sense world he should be able to arm himself and stand his ground, but not seek conlict.CT and MA have similar laws, so if you did the same thing, you'd likely be charged. There is a duty to retreat in both states. That's different than in many states where he'd be justified in pulling the gun. First, those states don't have restrictions as we do. Second they don't have storage laws and a gun in the trunk is often the norm.
Not liking the laws in MA or CT doesn't mean that you can ignore them and not expect to be charged.
Be a sarcastic dick if you like, but that doesn't change the fact that this guy is in a world of crap because of his actions.
I don't see him skating, since there is at least one felony charge in there and the case is likely to be bound over to the Superior Court, not handled at the District Court level.
I had a similar problem with a neighbor and loud music. Rather than get in a fight, I just called the local PD and let them handle it for me.he never should have opened his mouth about the music.
its real smart to get some paper trail going in case something unfavorable goes down.I had a similar problem with a neighbor and loud music. Rather than get in a fight, I just called the local PD and let them handle it for me.
From what little info there is, it doesn't sound like self defense. If you confront someone and start a fight you can't pull a gun and shoot when you get scared.
unfortunately he pointed his bang bang and thats a big no no in the nanny state these days.Nobody shot anyone.
Nobody shot AT anyone.
unfortunately he pointed his bang bang and thats a big no no in the nanny state these days.
youre right most news or police reports are highly inaccurate. hopefully he gets a good atty.The other people, the ones that came back, looking for trouble, say he pointed his bang bang. Whether that happened or not is yet to be adjudicated.
unfortunately he pointed his bang bang and thats a big no no in the nanny state these days.
thats what emboldens punks and criminals in america, if two people show up at your residence and make threats you have to run and hide. it would be a better world if you showed up to threaten someone at their residence you should be on your own and responsible for your own fate. strategically you would want to have the upper hand in any situation, but you have to live your life and not be afraid to leave your 4 walls. i dont agree with him pointing the gun if the bf was simply there to have a pleasant conversation, but it seems like he was there looking for trouble.It is a big no no in any state to draw a firearm when you are not in immediate danger of death or grave bodily injury. Stop pedaling this idea that this is all nanny state stuff and it would be different in some pro-gun nirvana. You can't draw a gun because some jerk is being a jerk. You can't draw a gun because someone says he's going to hit you.
As for standing your ground outside of your residence, why would you want to? Seriously? What do you have to prove? Even if this was a stand your ground state, he still wasn't in danger of death or grave bodily injury, so he wasn't justified in drawing a gun.
There are two fights to win: the fight on the street and the fight afterwards in court. The best way to win both fights is never to have them in the first place. If someone says "I'm going to get Bubba and he's going to come kick your ass" why the heck would you hang around? It's stupid.
Nobody seems to be a punk or criminal. The gun guy was probably rude to the girl, and of course the boyfriend had to cock up.thats what emboldens punks and criminals in america, if two people show up at your residence and make threats you have to run and hide. it would be a better world if you showed up to threaten someone at their residence you should be on your own and responsible for your own fate. strategically you would want to have the upper hand in any situation, but you have to live your life and not be afraid to leave your 4 walls. i dont agree with him pointing the gun if the bf was simply there to have a pleasant conversation, but it seems like he was there looking for trouble.
You can't draw a gun because someone says he's going to hit you.
As for standing your ground outside of your residence, why would you want to? Seriously?
What do you have to prove? Even if this was a stand your ground state, he still wasn't in danger of death or grave bodily injury, so he wasn't justified in drawing a gun.
There are two fights to win: the fight on the street and the fight afterwards in court. The best way to win both fights is never to have them in the first place. If someone says "I'm going to get Bubba and he's going to come kick your ass" why the heck would you hang around? It's stupid.
This is it in a nutshell. It may have been self defense, but failed on the requirement of proportionality.The supposed assailant was apparently unarmed and did not physically hit him, yet he felt it necessary to draw a gun? We don't have much detail, but based on what little there is, I don't see that he has justification for drawing his gun.
Furthermore, once she said she was going to get her boyfriend, he should have left -- gone inside at least and quite possibly called the police. Avoidance is your best option.
This is it in a nutshell. It may have been self defense, but failed on the requirement of proportionality.
I am generally amazed at many of the uninformed shoot from the hip and the "way it should be" responses in this thread. This is again indicative of the general failure of the school system to instill in most any concept of the legal system, legal thought and laws.
Many of you confuse a concept of "street justice" with court justice and fueled by what you see on television and movies and what you "think is right." A lot think that our laws pertaining to self defense are some kind of liberal hodgepodge concocted in the last 50 years by moon bats and before that we lived in some kind of and gun owners paradise when in fact jurisprudence on self defense go back centuries. I'm sure you could find something in Blackstone which would illustrate the very points that Len and M1911 have been patiently, I might add trying to educate you. M1911 is sharing with you an education he received from Lethal Force Institute. He paid a lot of money, you are getting it free. LFI bases it curriculum not on the nanny states but on the several states. Len teaches attorneys firearms law. It isn't opinion, it isn't what you think and it isn't the way you think it should be. You really need to listen to these guys. There is opinion and then there is educated and informed opinion which translates into facts.
When you choose to be armed you are establishing a higher standard for yourself. A lot of you confuse "stand your ground" with macho bullshit. The best way to avoid trouble is to avoid it. I'll put it another way: if you are too much of a man and can't back down, then I'm sure that prison will bring out your feminine side.
Now there was massive fail on both sides. Somebody playing their radio on a friggin parking lot. For how long? I'm wondering how the gun guy asked to turn the music down too?
I hope that some of you guys who are spouting some of the incredible interpretations behind the safety and comfort of your computer screens don't put into to action what you advocate. There some really angry, and thin skinned dudes walking around packin' and this ain't Dodge City. Even Dodge City didn't like being Dodge City, as I recall that's why they hired the Earps.
Listen to M1911 and Len and any commentary by Officer Obie, they know their stuff. What the are saying is reality based on 1000 years of English and American Common Law. I'd hate to have to do some case support because one of you guys thought your dick was bigger than the other guys. That's what this case is about.
The whole idea is to deescalate conflict and avoid conflict. No real warrior I've ever known (and I've known a few) will seek trouble. I've known a few killers too (sanctioned by the .gov) and they are a different breed altogether, then I've known far too many macho idiots who get involved in senseless conflagrations. I'll read about some of them in today's Morning Report and my news apps. Hope you are not one of them, but I can only say, some of you dudes need to keep the number of a good attorney on speed dial. PSGWSP.
youre right most news or police reports are highly inaccurate. hopefully he gets a good atty.
If the two 'victims' are the only witnesses, he'll get off, unless he's really stupid and admits pulling his gun.
He already did that in court at his arraignment. The judge cautioned him to STFU, but he didn't listen.
When you choose to be armed you are establishing a higher standard for yourself. A lot of you confuse "stand your ground" with macho bullshit. The best way to avoid trouble is to avoid it. I'll put it another way: if you are too much of a man and can't back down, then I'm sure that prison will bring out your feminine side.