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From a legal perspective, what happens to the dad will depend largely upon what was happening at the moment he shot the ex-boyfriend. Was the ex-boyfriend still trying to break into the young lady's car or was he sitting or standing beside his own car doing nothing?
Self defense is a valid defense only if it is to stop an ongoing immediate danger. Once the attacker stops attacking and distances himself from the person he was attacking, then it is no longer an ongoing attack or an immediate threat.
A person is not legally justified in killing someone who is not an IMMEDIATE threat. What he did a few minutes ago, but has since stopped doing, is not legal justification for shooting/killing him. That's the law. We may not like it, but it's the law. Retribution is not the same thing as self defense or defense of others.
I’m just guessing, but you probably don’t have a daughter, do you? Nothing can enrage a man quicker and more justifiably so then someone trying to harm his daughter. Nothing.
I would honorably serve time in prison if some lunatic ex-boyfriend was trying to run my daughter over with a car And I ended up taking his life. Come on man.
I’m just guessing, but you probably don’t have a daughter, do you? Nothing can enrage a man quicker and more justifiably so then someone trying to harm his daughter. Nothing.
I would honorably serve time in prison if some lunatic ex-boyfriend was trying to run my daughter over with a car And I ended up taking his life. Come on man.
If you will read my post carefully, you'll notice that my comments were clearly stated several times to be from a "legal perspective", not from a perspective of "what I would like to do".
Some people may condemn the guy for saving his daughter from her lunatic ex-boyfriend with such drastic event, but I think a father would be affected more if he witness his own daughter being greatly injured or killed. If she is injured and suffers some life long damage or even paralysis of something, every single time he see her he will feel guilty for doing nothing to prevent her from being damaged by her ex-boyfriend. If she was killed, the father would feel even more guilty and that is worse because that requires visiting a cemetry (assuming she isn't cremated).
While killing someone is wrong regardless, there are certain situations where its not that the killing is accepted or approved, but it's understandable. This is one of them.
LOL...Mendoza went to the police, but nobody was there so he left.
I'm not even anti-cop. I seriously feel bad for them out here. 100 people Monday morning QB'ng their every move. Politics stirred up into everything. Do everything by the book or the perp walks. Hell the perp might walk anyway because there's no space to house them. Union rules making life complicated. Every derivative of humanity expected to be treated separately as an expert. Everyone's lying to you all the time.
I mean....in this case, you've got the perps already circulating the story to press before giving a story to the police. Did the press then get released information noting signs of corroborating the story, such as bruising along the neck? Hell no, that would be responsible journalism and sensationalism sells. That alone makes me doubt the story somewhat. If it happened as told, no problem with one less moron in the State. But what do we know with certainty?
The two met, and not randomly for the exchange of property.
vehicles were damaged
Father came.
Father shot ex.
Father fled scene.
Father pushed narrative into press prior to meeting with police.
Maybe father is a hero, maybe he's a murderer. I'm all for getting rid of bad guys and really have no problem with violent criminals being shot...but unless there's something more out there than that newsclip...we're a long way of from determining who is the bad guy.
The two met, and not randomly for the exchange of property.
vehicles were damaged
Father came.
Father shot ex.
Father fled scene.
Father pushed narrative into press prior to meeting with police.
Maybe father is a hero, maybe he's a murderer. I'm all for getting rid of bad guys and really have no problem with violent criminals being shot...but unless there's something more out there than that newsclip...we're a long way of from determining who is the bad guy.
Have to agree. Looks like this is being tried and convicted by the public solely based on what one guy said happened. Were there any witnesses, video, anything to back this up?
It seems Dad may have had reason to believe ex-bf was about to kill his daughter, as he had his hands around her neck as her father drove up. What was he supposed to do, stand around and let it happen?
LISTEN...you know the Rules~!
No using Fire-arms in Self-Defense in CA. IT IS NOT ALLOWED~
You have to wait until the person being 'choked out', ----wait until their eyes are bulging and they're foaming at the mouth, before you are allowed to interfere ~ (and no fire-arms).
Just like 'WWE Wrestling'---- you can't begin to tap the person out, until both shoulders are pinned!~
LISTEN...you know the Rules~!
No using Fire-arms in Self-Defense in CA. IT IS NOT ALLOWED~
You have to wait until the person being 'choked out', ----wait until their eyes are bulging and they're foaming at the mouth, before you are allowed to interfere ~ (and no fire-arms).
Just like 'WWE Wrestling'---- you can't begin to tap the person out, until both shoulders are pinned!~
Ya Get it?
Criminals have Rights in our State~
It's not "self-defense" if the shooter isn't the one in mortal danger, Einstein.
The Dad is probably going to prison, unless California law allows you to shoot the (as far as we know) unarmed attacker of another person. This is going to be a difficult case, especially since the Dad ran off, and has not been interviewed by the police.
He'd been using his car as a weapon, it could be argued.
Still, dad could have shot him in the leg. He didn't have to shoot to kill. Or he could have shouted, "STOP! I have a gun!"
This would be a very interesting court case to follow. I hope details are made available afterwards.
Last edited by Ruth4Truth; 11-25-2022 at 10:14 AM..
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