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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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Interesting update on this case.
1 posted on 05/25/2010 4:58:51 AM PDT by marktwain
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To: marktwain

I hope he goes to jail for longer than that.


2 posted on 05/25/2010 5:06:56 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: marktwain

Those are some really stupid kids. Yelling racial epithats to two armed black men. Perhaps according to the law this was the correct ruling, but in my mind, this shooting seems justified. If the father and son had walked inside, you know those kids would not have stopped.


3 posted on 05/25/2010 5:08:30 AM PDT by Old Teufel Hunden
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To: driftdiver

This was a 911 call, this man tried to use home invasion as his defense. He did not have to have a confrontation with this young boy.


4 posted on 05/25/2010 5:10:27 AM 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: Paige

I think there was a racial component, this mans decision to shoot a white boy.

Why ON EARTH would you go outside and escalate this issue and shoot the kid?


5 posted on 05/25/2010 5:12:53 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Old Teufel Hunden

‘but in my mind, this shooting seems justified”

Really? Where is the threat of great bodily harm or property?

Do you also support shooting people for cutting you off in traffic?


6 posted on 05/25/2010 5:14:14 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: Old Teufel Hunden
If the father and son had walked inside, you know those kids would not have stopped.

Clairvoyant much?

7 posted on 05/25/2010 5:17:04 AM PDT by mac_truck ( Aide toi et dieu t aidera)
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To: marktwain

Maybe its racial maybe it aint. I just know that if a bunch of young ‘hoodlums’ showed up like that & shouting epithets and taunts I would be real fearful too.


8 posted on 05/25/2010 5:19:50 AM PDT by valkyry1
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To: driftdiver

Don’t jump on me! I am only looking at the facts from what is presented in this case. I realize I could be wrong or don’t have all of the facts. I think we can both agree that these kids are stupid. The next thing is, were they criminal. I have to ask, why did they travel out to this kids house to challenge him to a fight. What else was said in the altercation? Did they convey threats?

I can tell you that if I had four punks outside my house harrassing me and not leaving I would definitely arm myself and call the police. What happens next depends on how the situation unfolds. How long did it take the police to respond once he called 911?


9 posted on 05/25/2010 5:19:59 AM PDT by Old Teufel Hunden
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To: Old Teufel Hunden

I think you’re right. First, these kids were stupid enough to start something with someone who is armed (and they weren’t). That’s doing us a favor, removing such stupidity from the gene pool. Second, I believe in that situation the homeowner had a reasonable belief his life and the life of his son were in danger. Of course, I didn’t read the transcripts from the trial or anything, but at first blush it sounds reasonable.


10 posted on 05/25/2010 5:20:16 AM PDT by ThunderSleeps (obama out now! I'll keep my money, my guns, and my freedom - you can keep the change.)
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To: marktwain
shoulda called the cops...
11 posted on 05/25/2010 5:20:20 AM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: mac_truck
"Clairvoyant much?"

Don't need to be. Experience and common sense told me that.
12 posted on 05/25/2010 5:20:57 AM PDT by Old Teufel Hunden
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To: marktwain

Looks like stupidity on both sides.


13 posted on 05/25/2010 5:23:15 AM PDT by caver (Obama: Home of the Whopper)
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To: Chode
"shoulda called the cops..."

They mention in the article, the four kids were overheard on 911 tapes yelling racial epithats. Sounds like they did call the cops. From the article, it's hard to know what happened between then and when the cops got there. Something must have happened in order to escalate this.
14 posted on 05/25/2010 5:23:21 AM PDT by Old Teufel Hunden
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To: marktwain

One thing that I just thought of. I wonder how many on here are condemning this black homeowner also were defending the man in Houston Tx who went out of his home to his neighbor’s house and killed the two illegals robbing his neighbor. None of his property or life was at stake.

I’m just saying....


15 posted on 05/25/2010 5:26:16 AM PDT by Old Teufel Hunden
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To: caver
"Looks like stupidity on both sides."

Very well could be...
16 posted on 05/25/2010 5:27:05 AM PDT by Old Teufel Hunden
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To: Old Teufel Hunden

How do you know the kids would not have stopped. And this was not a JUSTIFIABLE shooting. This was not a home invasion and when the son came in claiming someone wanted him dead - the Father should have called “911”.

Sorry, this man has no right to take the life of the 17 year old.


17 posted on 05/25/2010 5:30:16 AM 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: driftdiver

I wonder how you would react to four thugs standing in your yard threating your son. Challenging a man with a gun shows extraordinary threat and stupidity. In the end all these punks had to do was leave when an armed homeowner showed that he was willing to protect his family and property.


18 posted on 05/25/2010 5:30:37 AM PDT by ontap
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To: Old Teufel Hunden

That was my immediate thought as well after I read the first comment criticizing the homeowner.

You thing you can be sure of is that if the homeowner had been a cop, there would have never been a trial.


19 posted on 05/25/2010 5:36:01 AM PDT by SeaHawkFan
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To: Old Teufel Hunden

The main thing I see wrong is the homeowner was way out at the end of his property.

If he had stayed on or very near his porch and they had advanced within inches of him, as stated in the report and shouting threats, he would have a better chance of it being a legal shooting. Escpecially at night, at least those are the rules under the Castle Doctrine in Texas.

However, with him being in NY there are probably rules that you have to retreat from a threat.


20 posted on 05/25/2010 5:36:10 AM PDT by Max_850
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