Posted on 08/18/2012 3:01:59 PM PDT by marktwain
Bernell Benn said he was simply in line at a Rite Aid pharmacy Thursday afternoon to pick up his medicine.
He was chatting on the phone with his mother when he noticed that a man had cut in front of him. What happened next at the store in the 3600 block of Tidewater Drive is in dispute. Benn, in a jailhouse interview, said he was defending himself when he fatally shot that man in a gunfight.
"I came to the store just to get my medicine," said Benn, who was crying as he was led into the interview at Norfolk City Jail.
But police say evidence warranted his arrest. Police charged Benn, 41, of the 8100 block of Ridgefield Drive, with second-degree murder and felonious use of a firearm in the killing of Ramon P. Colorado Jr.
Colorado, 42, was a former Norfolk deputy sheriff and auxiliary deputy in Chesapeake who was known for his online persona "Norfolk Dirt."
After he noticed another man had gotten in line in front him, Benn said he told the other man, "Excuse me, sir. I'm in line."
After the man became hostile, Benn said, "I moved out of the way and let him have the spot."
Benn said he continued talking to his mother when he was hit by pepper spray and heard the other man say, "I got more for you, bro."
(Excerpt) Read more at hamptonroads.com ...
It depends. If the perp pepper sprays you in order to further assault or rob you, then yes. But if the pepper spraying is the escalation of an argument, then no.
It's common sense, really.
As I said, the government is already involved. Is the space inside my private store “public space”? This is where all those libertarian notions fail. The government is involved in hundreds if not thousands of places inside and outside your private vehicle, for one example. How about that mattress tag, huh? I should be free to jam cell phones inside my restaurant, just as I am free, or required by the government for that matter, to ban smoking.
Yep. At the scene of the shooting, you say, "I shot in self defense. I will cooperate fully in 24 hours after consulting with my attorney."
That's going too far. How about pepper sprayed, tazed, and caned? That would be more humane.
That's going too far. How about pepper sprayed, tazed, and caned? That would be more humane.
"I feared for my life. I do not consent to a search. I want to speak to my attorney. Am I free to go?"
No, your floors, walls and ceilings are your space -- private space. BUT, you can not block the airways which are indeed 'public space' and have been for nearly 100 years since the first radio broadcasts.
You can however tell offending and obnoxious patrons to "take it outside."
Put a sign up that says NO CELL PHONES on your door.
Mine did. He also said to point out the other guys weapon, your weapon and tell them you choose to remain silent. If the cops keep trying to question you after that tell them you are going to sue them for violating your civil rights if they don't shut up.
No, your floors, walls and ceilings are your space -- private space. BUT, you can not block the airways which are indeed 'public space' and have been for nearly 100 years since the first radio broadcasts.
You can however tell offending and obnoxious patrons to "take it outside."
Put a sign up that says NO CELL PHONES on your door.
The vitriol in this thread against police is disturbing. Most cops are good people who would give their lives to defend others, but immediately people here accuse the police of lying to falsely accuse someone. Nobody here knows the facts yet. I hope none of you are ever on jury.
You ain't just a-whistlin' Dixie.
It happens on every LEO-related thread.
My wife and I were today discussing the attitude of law enforcement (or ex law enforcement) persons. We came to a viewpoint that there are too many people going into ‘law enforcement’ of different sorts so that they can bully civilians to get their bully jollys. I think/believe candidates for any kind of law enforcement must be subjected to more strict consideration of the job. Good efficient law officers are good and a must for communities. However that said I don’t believe in public service unions which in today’s social attitudes promote safe haven for bad behavior.
He was pepper sprayed.... "I got more for you buddy"
What was to come next? You are blinded and the guy is promising "more".
Sorry, but of those comments are an accurate reflection of what occurred, then self defense is plausible.
I don’t know about you, but when I carry I defer to others. My handgun is for the protection of my life. I would never get into a pissing match over my place in line.
Deadly force is not appropriate for the purpose of winning an argument or defending one’s honor. And certainly not legal for the same.
When I carry I am low key and in control of myself. I will take a personal insult rather than risk an escalation which will result in deadly force. It is the responsibility which comes with the power of a firearm.
If I were to get into an argument which escalates to my being pepper sprayed and I answer with deadly force, I risk being convicted of voluntary manslaughter. If you don’t believe me, ask a lawyer.
If that doesn’t seem far, that’s too bad.
It’s the law.
If I were to get into an argument which escalates to my being pepper sprayed and I answer with deadly force, I risk being convicted of voluntary manslaughter.
***Seems like if a person’s gonna carry deadly force, they should have nonlethal force as well.
In a dangerous world it’s often best to leave one’s ego at home.
As a former martial arts instructor I would advise avoiding fighting unless cornered.
Depends on your state. Battery can be a deadly force response in many states. Being attacked with pepper spray would qualify.
Plenty of evidence daily suggests otherwise. Cops are NOY your friends!
Retaliation is not self defense. Ask any lawyer.
Retaliation is not self defense. Ask any lawyer.
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