Armed Polite Society
Main Forums => The Roundtable => Topic started by: gunsmith on January 31, 2017, 11:20:31 PM
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do not shoot at the fleeing cars tires unless you're freaking great and they kidnapped your favorite dog.
if you DO.... don't talk to the cops, talk to your lawyer first and ask is it leagal to do that.
http://www.foxnews.com/us/2017/01/31/homeowner-charged-with-manslaughter-for-shooting-at-home-invasion-suspects.html
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We had one of those here a few years back. He turned down the plea and went on to have his day (several) in court.
http://www.spokesman.com/stories/2014/apr/11/gerlach-acquitted-in-shooting-death-of-fleeing/
bob
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Not a gun, but Tampa had a man acquitted after chasing down a robber and running him over with a Ford Explorer. Same thing, refused the plea, went to court, and the jury sided with him.
http://www.sptimes.com/2006/08/03/Hillsborough/_Excusable_homicide__.shtml
It's not a gamble I would recommend taking however.
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We had one of those here a few years back. He turned down the plea and went on to have his day (several) in court.
http://www.spokesman.com/stories/2014/apr/11/gerlach-acquitted-in-shooting-death-of-fleeing/
The 25-year-old’s family said they were disgusted with the way the media portrayed Kaluza-Graham, saying their relative was made into a “one-dimensional thief.”
“He had hopes and dreams,” said Ann Kaluza (pictured, right). “He was made into a poster boy for the angst of the community, a sacrificial lamb. That’s not right.”
Okay, so he was a three-dimensional thief. Moral: Don't want to get shot? Don't steal *expletive deleted*it.
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I guess they had to charge him, otherwise face the ire of a mindless mob of hand-wringers.
He should have said he was trying to ID the vehicle for the cops with half-inch holes in the rear.
Seriously, though, I witnessed a felonious flight once and didn't even think of drawing.
He shouldn't have done it, but I hope he gets a sensible jury.
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Shoulda said he shot them while they were trying to get in. You can take a bit to start leaving a blood trail, so would be hard to say otherwise.
Then again, bullet holes in car.
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Shoulda said he shot them while they were trying to get in. You can take a bit to start leaving a blood trail, so would be hard to say otherwise.
Then again, bullet holes in car.
This is a good way to catch a first degree murder charge
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Well, what I did "draw" was a pen out of my pocket to write down the license number on my hand.
Cop laughed when he asked "Did you get the license plate number?" and I showed him the back of my hand.
It agreed with someone else's capture of the plate number. I expected to be called in as a witness, but I never heard another thing about it.
Life in the big city. Yay.
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Just a thought . . .
I wonder if charges would have been filed if he'd told the cops he saw them pointing what looked like a weapon at him from the car . . .
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Just a thought . . .
I wonder if charges would have been filed if he'd told the cops he saw them pointing what looked like a weapon at him from the car . . .
I *think* that is what got our guy acquitted. I was always a little skeptical of that story though, supposedly the guy was driving away in the shooters Suburban with tinted windows when he took the shot. It went through the rear window and headrest into the fleeing thief's head. Good sot or bad shot was a matter or perspective I guess. In the end he was acquitted, whether because of the "I thought he was pointing a gun at me" or I thought he was backing toward me" defense the jury believed him. It was also during a mini crime wave in town and it is entirely possible this was a message to the local ne'er-do-well population.
bob
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exactly why you wait to speak to a competent lawyer and your friends on APS before talking to the popo
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exactly why you wait to speak to a competent lawyer and your friends on APS before talking to the popo
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The proper course of action is to ask "am I being detained?" and if pressed, let them know you are a flesh and blood individual and not the legal person they wish to question.
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The proper course of action is to ask "am I being detained?" and if pressed, let them know you are a flesh and blood individual and not the legal person they wish to question.
I plan on complaining about the fringe on the flag in the police department.
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I've got the equipment to dig a deep hole and a place to dig it.
S-S-S
=D
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I *think* that is what got our guy acquitted. I was always a little skeptical of that story though, supposedly the guy was driving away in the shooters Suburban with tinted windows when he took the shot. It went through the rear window and headrest into the fleeing thief's head. Good sot or bad shot was a matter or perspective I guess. In the end he was acquitted, whether because of the "I thought he was pointing a gun at me" or I thought he was backing toward me" defense the jury believed him. It was also during a mini crime wave in town and it is entirely possible this was a message to the local ne'er-do-well population.
It could well have been the latter. My immediate reaction was "jury nullification." Yeah, technically and legally it was a bad shoot, but people get tired of low-lifes stealing their stuff.
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yeah, there was a shooting in Reno/sparks, squatters were crapping all over this guys empty house and using it to sleep/prostitute/take drugs.
He walked in and shot them.
They put him on trial, but ( to my surprise ) the jury was all like ..... good job.
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I don't know what the 2nd degree manslaughter charge is but it sounds like the local prosecutors aren't exactly trying to throw the book at this guy.
In the one jury I sat on that involved a murder, there was at least one other guy I can safely say would probably hang the jury to avoid convicting a homeowner who shot a burglar. And this was in the county court in downtown Houston. For myself, my main issue would be to make sure the circumstances were actually what was reported, not some sort of odd murder or crazy homeowner shooting at a passing car.
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yeah, there was a shooting in Reno/sparks, squatters were crapping all over this guys empty house and using it to sleep/prostitute/take drugs.
He walked in and shot them.
They put him on trial, but ( to my surprise ) the jury was all like ..... good job.
Stories like this are how people end up looking shocked and stupid when the jury comes back guilty.
Dont bet your life on the oddball jury.
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Stories like this are how people end up looking shocked and stupid when the jury comes back guilty.
Dont bet your life on the oddball jury.
You might be right for a few, but I think there are still enough misinformed people who think you can drag a body back into your home to keep a steady supply of stories.
I think I would only risk a jury if the plea bargain was bad enough that it was worth it. Losing my right to bear arms would not be good.
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Stories like this are how people end up looking shocked and stupid when the jury comes back guilty.
Dont bet your life on the oddball jury.
I'm reminded of the movie "The Devil's Advocate" and OJ's trial. A big part of the movie was that the protagonist was very good at selecting juries.
If you have a good lawyer they should be able to get somebody on the jury who will, if nothing else, hang it for you shooting criminals who just attempted to enter your home.
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I'm reminded of the movie "The Devil's Advocate" and OJ's trial. A big part of the movie was that the protagonist was very good at selecting juries.
If you have a good lawyer they should be able to get somebody on the jury who will, if nothing else, hang it for you shooting criminals who just attempted to enter your home.
There is a reason that in high-value malpractice and other civil cases, both plaintiff and defense spend big bucks on jury consultants to help pick the jurors that will support your side.
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I'm reminded of the movie "The Devil's Advocate" and OJ's trial. A big part of the movie was that the protagonist was very good at selecting juries.
If you have a good lawyer they should be able to get somebody on the jury who will, if nothing else, hang it for you shooting criminals who just attempted to enter your home.
It isn't science, and bad facts with you looking like a liar are dicey for any lawyer.
People forget that there are hot shot plea negotiators as well, and they do have customers for a reason.
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Northern NV Juries are notorious for saying "eff the prosecution" when it comes to shooting miscreants, personally, I wouldn't risk it.
I had been in situations I could legally shoot and still avoided it.
ymmv
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Northern NV Juries are notorious for saying "eff the prosecution" when it comes to shooting miscreants, personally, I wouldn't risk it.
I had been in situations I could legally shoot and still avoided it.
ymmv
For the best, I think. Sure, a hot-shot lawyer might be able to get you off with a not-guilty, but said hot-shot is going to be expensive, emphasis on expensive. It also depends on you not shooting yourself in the foot at trial.
That's before I figure that it's best to not kill people on average, even criminals.
It isn't science, and bad facts with you looking like a liar are dicey for any lawyer.
People forget that there are hot shot plea negotiators as well, and they do have customers for a reason.
Indeed, a plea is generally cheap compared to a trial, and there are people out there who aren't going to be found innocent even with Cochran running their defense.