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SVTPerformance's Chain of Restaurants
Road Side Pub
Really? This Qualifies For "Stand Your Ground"
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<blockquote data-quote="MG0h3" data-source="post: 15963357" data-attributes="member: 164690"><p>Like to see where the victim was shot. </p><p></p><p>He's a typical means test for LE using deadly force. Does the subject have the means, opportunity/ability, and intent to cause death or bodily harm that could result in death? At the moment of the shooting, the answer is NO. Period. </p><p></p><p>Couple examples to get you thinking: a guy is standing 15' from me saying he is going to kill me and he has a rock in his hand. But the "rock" is the size of a quarter. Can I shoot him? Good luck arguing that a rock that small is a deadly weapon at 15'. A lot of stuff goes into considering the decision....lets say I'm tired, subject is clearly much stronger/bigger than me, starts advancing...etc. That changes things.</p><p></p><p>Guy is 50' away. He has a cinder block in his arms and shouts that he is going to kill me with it. Can I shoot him? Can you argue that he could throw a cinder block 50' and hit you? Not really. Again, he starts advancing, you don't have anywhere to retreat to or a way to diffuse...things change.</p><p></p><p>With all that in mind, watch the video again. Victim is either halted or stepping AWAY when the shooter hits the ground. As soon as the gun comes out, you'll briefly see his hands come up to waist level in the typical position of surrender. Now look at his body position when the video cuts, which is moments before the shot I'm guessing. He is canted at what looks like at least 45* AWAY from the shooter.</p><p></p><p>I would def. vote guilty on a manslaughter charge if I was on this jury.</p></blockquote><p></p>
[QUOTE="MG0h3, post: 15963357, member: 164690"] Like to see where the victim was shot. He's a typical means test for LE using deadly force. Does the subject have the means, opportunity/ability, and intent to cause death or bodily harm that could result in death? At the moment of the shooting, the answer is NO. Period. Couple examples to get you thinking: a guy is standing 15' from me saying he is going to kill me and he has a rock in his hand. But the "rock" is the size of a quarter. Can I shoot him? Good luck arguing that a rock that small is a deadly weapon at 15'. A lot of stuff goes into considering the decision....lets say I'm tired, subject is clearly much stronger/bigger than me, starts advancing...etc. That changes things. Guy is 50' away. He has a cinder block in his arms and shouts that he is going to kill me with it. Can I shoot him? Can you argue that he could throw a cinder block 50' and hit you? Not really. Again, he starts advancing, you don't have anywhere to retreat to or a way to diffuse...things change. With all that in mind, watch the video again. Victim is either halted or stepping AWAY when the shooter hits the ground. As soon as the gun comes out, you'll briefly see his hands come up to waist level in the typical position of surrender. Now look at his body position when the video cuts, which is moments before the shot I'm guessing. He is canted at what looks like at least 45* AWAY from the shooter. I would def. vote guilty on a manslaughter charge if I was on this jury. [/QUOTE]
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SVTPerformance's Chain of Restaurants
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Really? This Qualifies For "Stand Your Ground"
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