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What would you do if you were on the jury? Because I don't know.
With the facts as presented?
Well, was he "reasonably in immediate fear of great bodily harm or death to himself or another" as he fired what he called "a good, clean finishing shot" into a wounded teenage girl he'd just dragged across the floor? Clearly not. Then he's guilty.
I'm just glad I'm not on the jury on this one for sure. The man was being harassed in his home, they had broken in several times and he was living in fear.
He shot them when they entered his home, but then after they were down he executed them.
These teens I think loved to screw with the "crazy old man with all the no trespassing signs" That is what bored teens do in small towns. Teens die for a lot of stupid reasons, these two screwed with the wrong person too many times.
What he did was wrong, but at the same time he was in his home and living in fear. What would you do if you were on the jury? Because I don't know.
I believe the factors stated in your post will be discussed and debated in that jury. You make a few great points. I am glad to not be on it, too. We should respect any decision they make even if we disgree.
No kidding, how do people not see this? It's a crime to rape a hooker, it's a crime to rob a dealer. The character of the victim is not on point (actions, maybe; character, no).
Setting aside the morality of his first flurries of shots, finishing off an incapacitated person takes him completely outside the protection of the law. Incapacitated nun or salesman or burglar is irrelevant---it's murder.
In a lot of the USA, the fact that your home is your refuge counts for a lot and these people broke into the home. This may seem cut and dried to some, but people in small towns including jurors (and Little Falls, MN is one) will more likely put a lot of emphasis on that aspect and might be forgiving of his over-reaction. His later actions were ill advised, but bottom line it is possible they may view it as a person protecting themselves in their home.
I do not know that for a fact. We will have to wait and see. In any event, no one here should criticize the jury for its decision in this case IMO. I will respect their decision.
His actions overstepped the boundaries of legal defense. Do you really disagree?
They may determine with doctor testimony that the two may have died anyways without the last two shots. Do not know how major a factor that will be with the jury. Certainly, his macho phrases uttered at the intruders (refuse to call anyone who breaks into a home a true victim) was not very smart or mature; a jury may find it is still within the legal bounds of defending himself in his home.
It is really up to the jury at this point (after the trial concludes). Hope everyone here respects their decision. If they decide he is guilty, I am fine with it. If they decide he is not guilty, I am also fine with that. We may or may not have all the facts of the incident.
I'm just glad I'm not on the jury on this one for sure. The man was being harassed in his home, they had broken in several times and he was living in fear.
The man was living in fear as much as duck hunter in a blind lives in fear of ducks. I mean he went downstairs, hid, and waited for the kids to come over. He hid in a blind.
Plus regardless of this living in fear bullcrap. . .doesn't matter. The case is still pretty clean cut
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.
The man was living in fear as much as duck hunter in a blind lives in fear of ducks. I mean he went downstairs, hid, and waited for the kids to come over. He hid in a blind.
Plus regardless of this living in fear bullcrap. . .doesn't matter. The case is still pretty clean cut
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.
Just to note....what you describe is known as "the abused woman syndrome" and indeed is used as a valid defense to find someone innocent.
For those not aware the reason he is being charged with premediated murder is he did the following.
1. He set a cell phone jamming system in place. So no one could call for help on the property unless they used his landline phone..
2. He put out tarps so the blood wouldn't get on his precious carpets. He then moved the bodies to the basement where he killed them as they lay bleeding on the tarps.
3. He had his car parked 3 blocks away and took a route where he wouldn't be seen going to it and back and had the lights turned off in his home.
4. He had food and other supplies in his basement where he was waiting.
5. He didn't call for help but instead had a neighbor do it a day later.
6. He lied about what happened including what he said and what the two thieves said. His home security captured the audio including the screams of the teenage girl which was played for the jury.
This man will get off...and if not..He is old he best years are behind him.
Let this be a lesson never use a .22LR as a home defense weapon... A 9x19mm pistol is a min caliber..
More people are killed with .22 then 9mm. Lot so people have been shot with .45s and survived. It's not the caliber it's where it hits. .22s are in fact the prefered gun of hitmen because the rounds go into the brain case and bounce around and there is no exit wound. Plus the entry wound being small means you don't got much blood being spilled hence cleanup and disposal of the body is a lot easier. Also the noise is a lot less.
People thinks it's a myth but using sub sonic .22s and 9mms with a silenced pistol does produce that hollywood sound that is like a bb gun being fired. This is because most ammo travels at supersonic speeds hence when fired the bullets break the sound barrier that is why you hear that crack noise when firing a gun off. Sub sonic rounds on the other hand travel below the speed of sound and hence do not produce the crack noise.
That is the largest source of sound besides the explosion of gas from the barrel and the sound of the gun hammer, trigger being pulled and the slide rocking back.
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