Responses: 5
Castle Doctrine in Tennessee. Other states it would be trespassing. Coming to the property then not leaving when told made it trespass. Forcing himself on the rifleman (who got and was carrying the rifle on his property) was assault. Was shooting him required - The court will decide. Not murder, manslaughter, but under provocation most likely since he grabbed for the rifle.
I'm not a legal guy but cops should have been called the moment he showed up there. If he was supposed to pick the son up at another location, then maybe not even manslaughter. It also depends on the boys age. Different states have different age requirements for making a child go with a parent they do not wish to care for them.
I'm not a legal guy but cops should have been called the moment he showed up there. If he was supposed to pick the son up at another location, then maybe not even manslaughter. It also depends on the boys age. Different states have different age requirements for making a child go with a parent they do not wish to care for them.
(3)
(0)
Cpl Benjamin Long
SFC Ralph E Kelley yeah.. it gave no preview and required my FB account to view...
(1)
(0)
It's a tough one for me. Shooter definitely escalated the situation. But, so did the dead guy. And the dead guy reached for the weapon and threatened the shooter.
I think it is a lesser charge like manslaughter, but I am not a legal expert - and it will depend on what the legal codes for wherever this happened are.
We saw the prosecutor in the Rittenhouse argue that the person creating the threat can't claim defense - which is true. (It wasn't APPLICABLE to the Rittenhosue trial, but it was a true statement.) Here we see the shooter definitely creating a threat. So I think his self-defense claim is out.
Unless, of course, he is in a castle doctrine and/or stand your ground state, in which case he may have a claim of protecting his property. He *had* repeatedly asked the man to leave, escalating the forcefulness of his demands.
I think a lot will depend on where this happened.
Regardless of the legal outcome, BOTH men were dead wrong. One of them literally.
For questions like this, my go-to guy is Capt Prickett, but RP isn't letting me tag him right now.
I think it is a lesser charge like manslaughter, but I am not a legal expert - and it will depend on what the legal codes for wherever this happened are.
We saw the prosecutor in the Rittenhouse argue that the person creating the threat can't claim defense - which is true. (It wasn't APPLICABLE to the Rittenhosue trial, but it was a true statement.) Here we see the shooter definitely creating a threat. So I think his self-defense claim is out.
Unless, of course, he is in a castle doctrine and/or stand your ground state, in which case he may have a claim of protecting his property. He *had* repeatedly asked the man to leave, escalating the forcefulness of his demands.
I think a lot will depend on where this happened.
Regardless of the legal outcome, BOTH men were dead wrong. One of them literally.
For questions like this, my go-to guy is Capt Prickett, but RP isn't letting me tag him right now.
(1)
(0)
Cpl Benjamin Long
The architecture of self defense depends on the state.. In states that have stand your ground ... You can use self defense the moment an opponent brandishes.... In castle states... They have to violate the boundaries of your home.... And in duty to retreat laws you habe to escape you property unless pinned into a corner
(1)
(0)
(1)
(0)
Cpl Benjamin Long
Also... In many states verbal aggression is not provocation... The assaults starts with whoever uses physical force first....
(0)
(0)
Cpl Benjamin Long
The guy in the neon blue shirt is at fault... 1) he appeared to be trespassing... 2.) The man was protecting his house in relation to Ohio stand your ground law... 3.) The man lunged at homeowner resulting in physical force being used
(0)
(0)
Read This Next