Posted on 06/11/2004 7:27:23 AM PDT by FreedomPoster
A man allegedly attacked a soldier on a MARTA train Thursday morning and fought law-enforcement authorities before being taken into custody, MARTA police officials said.
The soldier, a major from Fort MacPherson whose identity was not released, got on the southbound MARTA train at the Lakewood station and was en route to Hartsfield-Jackson International Airport to pick up his wife.
On the train, the alleged attacker, 42-year-old Saffo Davis, began staring down the soldier and walked past him several times, according to MARTA police. Davis then allegedly struck the soldier on the side of the head, knocking him to the ground and then started beating him.
When an elderly woman came to the soldier’s aid, Davis allegedly struck her and knocked her out. As the train pulled into station outside Hartsfield-Jackson, Davis jumped onto the northbound train, where he got into a scuffle with a civilian. That train’s conductor and the civilian eventually got Davis under control, MARTA officials said.
As Atlanta police arrived at the scene, Davis broke free and apparently got into a scuffle with a police officer. He then got into another fight with a MARTA police office at the Clayton County Jail after he told officers he need to use the restroom.
Davis, who police officials said was dressed in a white robe and turban, has been charged with four counts of battery and four counts of obstruction.
He has an extensive criminal record in the Atlanta area stretching back to the 1980s.
Too bad the lady didn't have a gun. She could have removed this turd without getting hurt.
You can rest assured, in Clayton County this piece of allah defecate will pay the price for hitting the elderly woman!
I'm glad to hear that. Still, had she been armed she could have nailed him without being hurt. ALWAYS,ALWAYS,ALWAYS carry your gun. The life you save might be mine.
KILL THEM. KILL THEM ALL. NOW.
Now that I'm home from work, I have more time to give a better response.
I don't have the relevant code handy, but I have looked it up before to verify what lawyers and LE's have told me regarding justified use of deadly force here in Georgia.
Technically, citizens have just as much legal right as LE's to use deadly force.
The only requirement is that one be in fear for their own life, or the life of another person. And the law makes no distinction between being on one's own property or not, although the burden of proving "in fear for life" is much easier in one's home than in public.
I've been advised, if involved with a situation involving use of deadly force, say nothing to the police but,"I was in fear for my/their life/lives, and I need to speak to my attorney." And make damn sure you were in fear for your life before using deadly force.
I've also been advised that it's better to shoot someone dead than it is to cut them with a knife or beat them physically, and then they later die.
I do know that here in Georgia, clear cut home defense shootings never bring charges. Clear cut cases of armed robbers getting shot, by store employees or private citizens, never bring charges.
Not too long ago, an elderly man that owned a convenience store in Decatur, near Atlanta, shot and killed a robber with his trusty 12 ga., and there was never a mention of charging him.
About 12 years ago, a lady I know blew away(4 9mm in the chest, 2 in the head) a homeless guy that tried to enter her car after smearing crap all over her windshield.
Happened in a parking lot off Spring street, downtown.
She was never charged. It went quietly away.
In this case, while borderline, I believe no charges would've been brought against someone who used deadly force to stop this guy, as long as the shooter didn't carry on like Rambo, and showed some restraint.
Normally, one can't justify using a gun against an unarmed attacker, as in an otherwise normal guy who picks a fight at the bar.
But one could make a very good claim of fearing for one's life in this case.(Especially me, being a little guy.)
1. This guy was obviously mentally unstable. Probably just a shot out beggar who got pissed at the major's reply to his begging. Georgia juries are sympathetic to the shooter in cases when the deceased is a mentally deranged homeless perp that got violent.
2. The perp was obviously violent, without need of provocation, with no intention of stopping. At his size/weight, and with a mental issue, he is a deadly threat with just his hands against the average person.
At his size, he could snap a neck like a twig.
3. On a train in route between stations, there is no avenue for escape.
I live about 25 miles or so away from downtown Atlanta, and carry every second I'm within the city limits. If I had been on that train and witnessed the attacks, and no other alternative had presented itself, I would've shot him.
If the situation allowed it, I would try to wound him with a leg shot(As much as one can wound with a .45. "I tried to wound him by shooting him in the leg, officer. I can't help it that his leg came off."), before taking a kill shot.
But I wouldn't have hesitated, especially after he took out the old lady. And I feel confident I'd get away with it. If charged, it will be a state case with a state jury. Not an Atlanta jury.
Also, I can't yet verify this, but IMO, if one has a Georgia CCW,one can carry on MARTA. IIRC...With a CCW, you can carry anywhere but court, school, large public gatherings, and places that serve alcohol.
Hope this helps.
No. I'm sure you're onto something. This conversion situation in prisons where the Muslims have been going after impressionable blacks who hate the entire US "system" in general has been a quiet issue for many years, only just now coming to the forefront because the stories about perps like these are being told.
Thank you for your educational post and living up to your FR screen name.
Agree 100 percent. If Kerry wins, the immigration issue from Mexico will be just an irritant.
They are here, they are coming and we should soon join Europe as a great big socialist group hug.
If y'all didn't see Vigilantcitizen's expanded post on use of deadly force in GA, you should make sure to read the replied-to post.
Probably not a good idea. May be evidence that you were not really in mortal fear. In addition, you are leaving an adverse witness. Finally, if he does go to prison, he will have nothing better to do for entertainment than to make your life miserable with hand - drafted lawsuits. (Sure, in Georgia you will win, but plan on spending s lot of time and money.)
Frankly, if you are not willing to shoot to kill when merited, you probably shouldn't carry.
Frankly, if you are not willing to shoot to kill when merited, you probably shouldn't carry.
You are correct in your assesment. If someone has any doubt that they can pull the trigger, they shouldn't carry. In my case, it isn't an unwillingness to shoot to kill(Go read the first line of my post 25) , it's sympathy for those poor souls who have obviously lost their sanity, and control over their actions.
You see, I was once forced to make the decision on whether or not to kill a man who had totally lost his marbles, had determined I was satan, and did his level best to kill me.
He happened to be my neighbor, my employer, and a ww2 vet, someone I had known for years.
His condition was caused by a small stroke, and he returned to normalcy after 90 days in the VA hospital in Atlanta.
Because I witnessed this, I would show more restraint in killing someone obviously insane than killing someone with full mental facility threatning my life, regardless of the legal implications.
I believe that I gotta answer to a higher power when I die. I also believe the use of deadly force is a very awesome responsibility to bear. If I have to kill someone, I want to have the ability to look the relatives of the person I killed in the eye, and tell them why I was justified in killing their loved one.
I respect your response, but you are just as dead if killed by a mentally ill person as by a sane one.
Yessir, you're right. But I never claimed I wouldn't kill a mentally insane attacker, I would just show a little more restraint, depending on the situation.
I'm not sure that would stand up in NC.
The way I was taught, I could use deadly force to protect someone and be clear IF I was on the 'right' side of the situation.
What if I intervened in a fight I came upon where the person being beaten was in fact the one that had started the fight originally. If I intervened with deadly force I would be in heap big trouble.
In this case it seems pretty clear who started the altercation but that isn't always the case.
Also the civil suits that usually result ( "He was a good boy") can ruin you financially.
Georgia Code 16-12-123
(b) Any person who boards or attempts to board an aircraft, bus, or rail vehicle with any explosive, destructive device, or hoax device as such term is defined in Code Section 16-7-80; firearm; hazardous substance as defined by Code Section 12-8-92; or knife or other device designed or modified for the purpose of offense and defense concealed on or about his or her person or property which is or would be accessible to such person while on the aircraft, bus, or rail vehicle shall be guilty of a felony...
Without doing an exhaustive search, I didn't see an exception clause for permit holders. At first glance, it seems MARTA is a victim disarmament zone ...
Hey VGLC, see the replied-to post, and my post that it replied-to. Comments? Do you remember hearing of that one? Know anyone we can ask for a definitive answer?
Yes, I remember hearing that MARTA lost the case in court. My cousin, the Atlanta city police officer does to.
I'd call MARTA, but I have the feeling the person we talk to will be less informed about the subject than we are.
BTW...The perp was in court today.
Bump.
no more jail time.......send him to gitmo.
It turns out that if you're using a caliber of any significant size, there really isn't a safe place on the human body to hit anyone (safe for the shootee, that is) that will reliably disable. A pelvic shot might be the most practical but you've always got the femoral artery to worry about. Lethal force turns out to be, well, lethal.
What happen to the other passengers on the train??
I would have kicked the attacker in the balls
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