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Old 09-01-2011, 08:42 AM
 
Location: Midtown Atlanta
747 posts, read 1,538,143 times
Reputation: 344

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It looks like the family of a robber who died while being apprehended is trying to sue Cactus Carwash and the employees who held the guy. Do they have a chance of winning a case like this?

Lawsuit planned after Cactus Car Wash death - News Story - WSB Atlanta
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Old 09-01-2011, 08:55 AM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,026,620 times
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Guess the robber shouldn't have tried to rob the car wash? This unfortunate incident would have never happened if it were not for the intention of the plaintiff (family member) in the lawsuit to rob the car wash. The Grand Jury didn't even indite.

Last edited by George Chong; 09-01-2011 at 09:09 AM..
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Old 09-01-2011, 09:06 AM
 
Location: Atlanta
714 posts, read 809,995 times
Reputation: 196
Quote:
Originally Posted by koko339 View Post
It looks like the family of a robber who died while being apprehended is trying to sue Cactus Carwash and the employees who held the guy. Do they have a chance of winning a case like this?

Lawsuit planned after Cactus Car Wash death - News Story - WSB Atlanta
Disgusting and pathetic.

If the case gets in front of a jury in Fulton county, Cactus is probably screwed. Just another reason businesses are fleeing the county.

"the man deserves a chance to better himself" according to one of his attorneys. Actually, he doesnt. Its not in the constitution. He deserves what he got for engaging in his risky and illegal behavior: An early demise, and removal from the gene pool. Good riddance.
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Old 09-01-2011, 10:12 AM
 
Location: The Greatest city on Earth: City of Atlanta Proper
8,468 posts, read 14,901,686 times
Reputation: 7263
This lawsuit has zero chance of succeeding. It would be a different story if it had been a customer or a guy walking down the street, but the guy was in the process of committing a felony and caused bodily harm in the act of committing that felony by using mace in an attempt to neutralize the victims. On that mace, the story says that it is possible that it was the mace that he used might have led to his death, or in other words, Darwinism in action.

I really don't see how any judge will side with the robber's family. It's pretty clear from the evidence the employees just intended to subdue him until the police arrived, not kill him.
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Old 09-01-2011, 10:42 AM
 
562 posts, read 1,783,817 times
Reputation: 274
This is total bs, I think the family should get countersued for being such idiots and trying to sue, this is why our court system is so backlogged. The only problem I can see here is that they tied his hands with plastic ties, but then had 4-5 people on top of him, that was unnecessary.

Last edited by ecuresident; 09-01-2011 at 10:45 AM.. Reason: ADD
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Old 09-01-2011, 11:03 AM
 
31,993 posts, read 36,516,062 times
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Quote:
Originally Posted by tigers84 View Post
If the case gets in front of a jury in Fulton county, Cactus is probably screwed. Just another reason businesses are fleeing the county.
Hm, I'm not so sure about that. Paul Howard already took the case before the Grand Jury and they refused to even indict. With the Grand Jury they only hear what the DA tells them and there's no defense whatsoever.

That's a much lower standard than what the plaintiff would be up against in a jury trial.

Fulton County is a pretty conservative place these days.
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Old 09-01-2011, 11:11 AM
 
Location: Murika
2,526 posts, read 2,993,662 times
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Dont' think there is a case. Fleeing is part of the act of robbing a place. The car wash operator has the full right to defend himself and his business, and that includes detaining the robber. Obviously, nobody had the intention to kill the guy and he certainly would not have found himself in this position had he decided to be a lawful citizen. Nobody beat him or retaliated in any way - at least the video doesn't show any such act. They simply detained him to the best of their ability.

I don't think he deserved to die but those are the risks you take in life...You stick a gun in my face, you need to live with the consequences if I happen to pull one back on you and shoot first. Same principle...

Also, I don't know if he had the "right to better himself" - perhaps this notion applies to some crimes committed out of ignorance, naivete, etc. This guy was old enough to know the rules and he could have adhered to them. He decided not to - that's his loss.
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Old 09-01-2011, 11:16 AM
 
Location: California
6,404 posts, read 7,602,342 times
Reputation: 13941
Bad behavior should not be rewarded.
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Old 09-01-2011, 12:50 PM
 
Location: West Cobb County, GA (Atlanta metro)
9,191 posts, read 33,763,487 times
Reputation: 5308
He didn't die because he was held down. He has c-cell and complications of that in conjunction with him being held down caused his death, but not the specific act of being held down (this at least, according to some reports).

Simple solution: Don't try to rob stores, and you won't have to worry about store employees stopping you. "Duh".
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Old 09-01-2011, 12:59 PM
 
31,993 posts, read 36,516,062 times
Reputation: 13254
I can't tell you how much I resent idiotic criminals and people who want something for nothing. However, just to play the devil's advocate I could see some arguments on the other side.

For instance:

-- The news report says this guy was trying to get away. Does the right to use deadly force to protect yourself allow you to kill somebody who is not actually threatening you?

-- Can you use deadly force to retrieve property that was wrongfully taken from you? Say you loan somebody $100 bucks and when you ask him to give it back he takes off running. Can you shoot him dead? Is it different if he grabbed the $100 off your table and started running? What if it was only $5? How much does it have to be before you can kill him? What if you don't know how much he took?

-- Some people would say it's the rule of law and the fact that we hand out punishment to meet the crime that sets us apart from savages and undeveloped cultures.

-- What if you kill a guy you saw stealing something and it turns out you were mistaken?

-- What crimes justify the death penalty? If a cop sees you speeding and endangering the lives of innocent people, can he shoot you dead? Can other motorists shoot you?

-- What if the event has some sort of racial overtones? For instance, a white kid is breaking into cars and as he is running away he is caught by a bunch of black guys who stomp him to death. Is that okay?

As I say, I personally detest thieves and no goodniks. But it's worth thinking about when killing somebody is okay.
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