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People need to understand the law: you have the right to defend yourself; you don't have the right to keep shooting after the threat has passed, otherwise it becomes murder.
I posted an example of where it wasn't not but a few posts back. She was found not guilty even though she shot her boyfriend while he was asleep and again when he was running away.
The claim was: After stopping the would be attackers the person summarily executed them. I don't care if this man was anally raped every night for 10 years. . .once you stop the attack you have no right to execute them as judge/jury/and executioner.
fair point. Juries can be complete and total scumbag crap.
you never know.
Though this is a man, not a woman, so I doubt juries will be similar hoodwinked.
i for one would always find a person guilty if they didn't take reasonable steps to remove themselves from a situation.
fair point. Juries can be complete and total scumbag crap.
you never know.
Though this is a man, not a woman, so I doubt juries will be similar hoodwinked.
It will be a far higher bar. Nobody ever actually touched him. All I'm saying is long term abuse can be used as a valid defense.
IMO he will be found innocent for the same reason others have went free recently. An over reach by the prosecution. 1st degree murder is going to be very hard to prove here with the extenuating circumstances.
Two manslaughter charges and argue for the max sentence his useful life would be done outside of prison.
It will be a far higher bar. Nobody ever actually touched him. All I'm saying is long term abuse can be used as a valid defense.
IMO he will be found innocent for the same reason others have went free recently. An over reach by the prosecution. 1st degree murder is going to be very hard to prove here with the extenuating circumstances.
Two manslaughter charges and argue for the max sentence his useful life would be done outside of prison.
I think they can prove that the initial shots to the boy were in fact fatal so it would only be one charge of manslaughter.
I think he'll get a psych evaluation and maybe commitment for a while but no jail time. And no guns in his house as a condition of his release.
As far as I knew he has been charged with first degree murder. I've not seen where the jury has choices. Any link?
thanks.
It is just an assumption on my part. I have seen few cases where a guilty verdict on a lesser charge was not possible in cases like this. Like you, I do not see a 1st degree conviction. Given his age the prosecution would be nuts to charge him with 1st degree if a conviction on a lesser charge was not possible.
It will be a far higher bar. Nobody ever actually touched him. All I'm saying is long term abuse can be used as a valid defense.
IMO he will be found innocent for the same reason others have went free recently. An over reach by the prosecution. 1st degree murder is going to be very hard to prove here with the extenuating circumstances.
Two manslaughter charges and argue for the max sentence his useful life would be done outside of prison.
In this case there were two intruders in the home, too. The defense attorney will be repeating that over and over again...both in the testimony phase and the closing arguments. People in small towns despise home invaders with more passion than those in larger cities IMO. For some, it was a major reason they live there and/or moved there. It is not supposed to happen there, but as we all should know can happen anywhere.
If convicted, I'll bet he gets the minimum sentence instead of the maximum.
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