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WV: Case Illustrates how Fisticuffs Justify Deadly Force
Gun Watch ^ | 20 April, 2015 | Dean Weingarten

Posted on 04/22/2015 9:57:22 AM PDT by marktwain


I have explained in previous articles how someone threatening to punch you is a potentially deadly threat.  People sometimes have a preconceived notion that a "fist fight" is  not a real threat.    Some of this may come from watching television and the movies.   Watching them, you can receive the impression that a punch to the head is no big deal.  That is not true.  A punch to the head is a very serious attack.  It can disable.   It can maim.  It can kill.  The head is a vulnerable target, which is why an attacker aims for it.

Another source may be a carryover of the "code duello", which was fairly common, even into the late 20th century, and is still practiced in some locations.  In this version of the code, a man is invited to "settle differences" outside.   Bystanders are recruited to assure that the fight is "fair" in that certain rules are followed.   Usually these include: no weapons, no stomping, kicking, eye gouging, or biting.  No hitting a person once they are down on the ground.   The point is that the fight is controlled, at lest nominally, by impartial parties, and that there are limits.

In a situation where one person is the aggressor, and the other is not a willing participant, the situation is far different.   First, a single punch to the head can be, and fairly often is, deadly.  This has been well documented.   In addition, everyone knows that a punch to the head can easily knock a person unconscious.  Then they are at the mercy of the person who knocked them out, and can be killed or maimed with little effort.  It appears that was the defense used in this case.   From bedtonline.com

While being questioned by Kelley, Leggett said Bailey approached him with his fists up when he tried to leave the club.

Leggett said he had a .38-caliber Smith & Wesson revolver for protection, and had not expected to see Bailey the morning of Dec. 8, 2013. He stated when Bailey came toward him, he did not see any weapons, but did not know if Bailey had anything in his fists. Leggett also said he feared Bailey could knock him unconscious, then take his gun.
Another interesting aspect of this case is that it involves a black man shooting and killing an "unarmed" white man.   It does not fit the approved template of racism that the old media has been pushing, so it was not pushed to the national stage.   In this case, the person shot was only threatening with his fists, and did not actually hit the person who had the gun, as happened in the Treyvon Martin/ George Zimmerman case.



The jury found Leggett's defense persuasive, and found him not guilty of first degree murder.   I was not on the jury.  I did not hear all the evidence in the case, and I believe that we should support jury verdicts.   Juries are far from perfect, they are just better than the alternatives.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch


TOPICS: Education; Government; Politics; Society
KEYWORDS: banglist; fists; trevonmartin; wv
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You are not required to take a beating before you use deadly force in self defense.
1 posted on 04/22/2015 9:57:22 AM PDT by marktwain
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To: marktwain
I have explained in previous articles how someone threatening to punch you is a potentially deadly threat.

That's the modern police philosophy. Kill 'em all, and let God sort 'em out.

2 posted on 04/22/2015 10:00:55 AM PDT by Fido969
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To: marktwain

Here is another what I would call a good shooting:

http://www.thetruthaboutguns.com/2013/07/tim-mcnabb/black-man-shoots-white-teen-jury-says-self-defense-and-nobody-cares/

“Roderick Scott went out of his house to confront a trio of punks breaking into cars in his Greece, New York neighborhood. Scott’s story was that he fired two rounds at one of them when the young man charged him after being told to freeze and wait for the cops”


3 posted on 04/22/2015 10:04:47 AM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: marktwain
Yep. Context is also important. If a scrawny little runt 6" shorter and 130# lighter than me is threatening to beat me to a pulp and comes at me, I am obligated to first trying to step aside, reach out an arm to block him or something of the sort.

But if he is younger, stronger and obviously someone I couldn't dissuade with aforementioned tactics, I am well within my rights to stop him with an equalizer even if he doesn't hit me first.

4 posted on 04/22/2015 10:05:15 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: marktwain
As I was taught in my law enforcement "use of force" classes any blow to the head is deadly force and may be met with a commensurate response.

CC

5 posted on 04/22/2015 10:06:22 AM PDT by Celtic Conservative (Sufficient unto the day are the troubles therof)
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To: marktwain
I boxed in late teens and twenties. One punch fractured my cheekbone another single blow broke my rib
anther shot made me eat soft baby food for about 2 weeks.
I had a crazy hockey player friend who punched through a MASK in a fight. He later boxed. He was Irish and insane lol. He could have killed someone with his fists with maybe six or seven shots to the head.
had a friend who fought Holyfield. He lasted three rounds and was unrecognizable for weeks.
6 posted on 04/22/2015 10:07:19 AM PDT by dp0622
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To: marktwain
You are not required to take a beating before you use deadly force in self defense.

Apparently the cops and prosecutor in Princeton WV think you do. Given what was reported in the news about this it never should have gone to trial. Once again the process is the punishment.

7 posted on 04/22/2015 10:16:47 AM PDT by RightOnTheBorder
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To: marktwain

Re: “Fisticuffs Justify Deadly Force”

Completely agree.

Murder by weapon type:

Shotguns - about 400 per year
Rifles - about 400 per year
Hands, Fists, and Feet - about 800 per year


8 posted on 04/22/2015 10:20:28 AM PDT by zeestephen
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To: Vigilanteman

[[If a scrawny little runt 6” shorter and 130# lighter than me is threatening to beat me to a pulp and comes at me, I am obligated to first trying to step aside]]

How would you know that that person isn’t a flyweight MMA fighter? ‘skinny and scrawny’ is meaningless- you said ‘in context’ so ‘skinny and scrawny’ ‘could be’ the person’s natural physique and also aggravated due to intensive training and weight loss-


9 posted on 04/22/2015 10:35:34 AM PDT by Bob434
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To: Celtic Conservative

[[As I was taught in my law enforcement “use of force” classes any blow to the head is deadly force and may be met with a commensurate response.]]

By anyone I might add- skinny or not- skinny scrawny people on angel dust can do tremendous deadly damage


10 posted on 04/22/2015 10:37:05 AM PDT by Bob434
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To: Bob434

Angel dust, meth, cocaine. But my experience is that adrenaline is the most deadly drug in use of force situations. In addition to it making the suspects subduing very difficult the officers own adrenaline can derange their thought processes and action. The only cure for it on the officers part is training and self discipline.


11 posted on 04/22/2015 10:45:24 AM PDT by Celtic Conservative (Sufficient unto the day are the troubles therof)
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To: marktwain

In most cases, self defense and deadly force are justified when the attacker shows:

- ability to injure or harm
- intent to assault


12 posted on 04/22/2015 11:08:44 AM PDT by taxcontrol
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To: Vigilanteman

Don’t be so quick to assume. I saw a really short and skinny martial artist take a 6’2” American bruiser down to his knees with just minimum force, in about a second.

Imagine standing in front of someone, then reaching out to grab their collarbones. There is a nerve center right behind them. I asked the bruiser later what it was like, and he said “I was standing, and then suddenly I was on my knees.”

If they are within 5 feet of you, you could be at imminent risk.


13 posted on 04/22/2015 11:11:47 AM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: yefragetuwrabrumuy; Bob434
If in doubt, the old saying that "it is better to be judged by 12 than carried by 6" applies.

But let's face it, there are a lot of runts who are all mouth and no pop. I know because I used to be one. Lucky for me, I had a gentle big brother who was built like and as protective as a mama grizzly bear at the time.

14 posted on 04/22/2015 11:41:42 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: dp0622
I boxed in the late teens and twenties

Wow. What's that make you 120 or 30?

15 posted on 04/22/2015 11:56:20 AM PDT by Mr. Lucky
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To: Mr. Lucky
roflmao!!!! listen, that makes five times in three days my posts have been slandered, as the lawyer on Sienfeld would say, it's outlandish, disparaging, denigrating, and preposterous!! We'll sue!
I didn't come on FR to be insulted. I could get that from my wife...drum roll.
16 posted on 04/22/2015 12:00:39 PM PDT by dp0622
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To: Vigilanteman

But you never know. Just a day or two ago, I found a video taken by a police body cam. The cop had and used his Taser at point blank, on a skinny little rat, but still got a bad knife cut on his vest. Really grateful he was wearing one.

But I thought it was a superb example for anyone who carries a gun. Closing distance really matters.

http://www.wfmynews2.com/story/news/2015/04/21/body-cam-man-attacks-deputy/26110319/


17 posted on 04/22/2015 12:11:57 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: Vigilanteman

I saw a 145 lb Golden Gloves champ dissuade a 245 pound bouncer who had decided to “kick his ass”. The boxer did it with 4 punches delivered in less than ten seconds.


18 posted on 04/22/2015 2:23:35 PM PDT by TalBlack (Evil doesn't have a day job...)
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To: TalBlack
Post #14 applies here as well. I'm just saying that to make the adverse judgement of 12 less likely, a reasonable assessment of the situation is in order.

Officer Wilson would've been hung out to dry had Michael Brown been a 150# runt who never made contact with him and hadn't been captured on video robbing a store just minutes before.

19 posted on 04/22/2015 3:38:24 PM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: dp0622

Scott Walker knockdown punch
https://www.youtube.com/watch?t=22&v=cryMRVDwItM


20 posted on 04/23/2015 8:50:16 AM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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