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Black Homeowner's Claim of Self-Defense Rejected in Fatal Shooting(NY)
New York Law Journal ^ | 25 May, 2010 | Daniel Wise

Posted on 05/25/2010 4:58:51 AM PDT by marktwain

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To: Old Teufel Hunden

Arming yourself and calling 911 isn’t the same as going out to the edge of your property and shooting someone who is yelling at your kid. What do you think they would do to a white guy(and what kind of press there would be)who shot a 17 yo black kid simply because he was trying to get his son to fight? This guy was NOT justified and he is lucky they didn’t charge him with first degree murder.


61 posted on 05/25/2010 9:05:05 AM PDT by calex59
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To: driftdiver

If it is four on one, my life is in danger and I will react accordingly. If the law isn’t on my side, then the three S’s apply.


62 posted on 05/25/2010 9:10:14 AM PDT by Darren McCarty (I don't look for leaders. I follow my own path, my way.)
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To: Old Teufel Hunden
Former Phila. sergeant held on charge of murder

Here's one who made it impossible for them to cover it up.

63 posted on 05/25/2010 9:16:08 AM PDT by Stentor
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To: Darren McCarty

‘If it is four on one, my life is in danger and I will react accordingly.”

Not until you go outside.

“If the law isn’t on my side, then the three S’s apply.”

Murder


64 posted on 05/25/2010 9:25:47 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Mashood
Sitting in a car and yelling threats and challenges does not give anyone the right to shoot you dead... either in NY or Texas or anywhere in the US. Thats only in Quentin Taratino movies.

If they were "sitting in the car" that does change the situation, I agree. When it said they "arrived in two cars" I was seeing them out of the cars on the edge of the property.

I have no idea who Quentin Taratino is. I was thinking more of Charles Bronson.

As far as "does not give anyone the right" in Texas, I'd recommend you don't try it here, especially at night. Threatening people with bodily harm IS assault. Threatening ARMED people is stupid (and in this case fatal) assault.

There was a guy is Dallas who shot a guy who was attempting to steal his car unsuccessfully. The perp ran away. The owner pulled his pistol from his truck, chased him down the street and shot him dead. It was the middle of the day. He was no-billed.

In New York he'd have been in deep do-do. Not in Texas. His position was seen as perfectly justifiable.

65 posted on 05/25/2010 9:42:49 AM PDT by jimt
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To: jimt

You can’t kill someone for sitting in the car and running their mouth. Not in Texas, NY or anywhere else in this country. There is a law against doing that.... its called “murder”.


66 posted on 05/25/2010 11:10:41 AM PDT by Mashood
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To: jimt

Race had everything to do with this case. Most of all, what had the black boy done to provoke this - the statement said the son came running into the house around 11PM. Furthermore, I know for a fact that if black boys came to fight, they would have settled this or street fought. The father took the law into his own hands, which is against the law.


67 posted on 05/25/2010 12:08:09 PM PDT by Paige ("All that is necessary for the triumph of evil is that good men do nothing," Edmund Burke)
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To: Old Teufel Hunden
yup, kids are always unpredictable...
68 posted on 05/25/2010 2:42:37 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: driftdiver
When the law protects multiple attackers inflicting great bodily harm on the victims property, then there is no choice but to go outside the law.
69 posted on 05/26/2010 4:49:37 PM PDT by Darren McCarty (I don't look for leaders. I follow my own path, my way.)
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To: Darren McCarty

“When the law protects multiple attackers inflicting great bodily harm on the victims property, then there is no choice but to go outside the law.”

There was no great bodily harm being done, only words. A fist fight fight does not constitute ‘great bodily harm’.

The law in most places protects against anyone inflicting great bodily harm. The law does not protect against murder, nor does morality.


70 posted on 05/26/2010 5:21:13 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

Four on one on one’s own property isn’t a fistfight.


71 posted on 05/26/2010 6:05:10 PM PDT by Darren McCarty (I don't look for leaders. I follow my own path, my way.)
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To: Darren McCarty

They weren’t on his property, they were on the street. His son was in no danger. He was in no danger until he walked out to shoot the kid.


72 posted on 05/26/2010 6:57:50 PM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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