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Did the white couple call the police?
Did they stay safely in their car until help arrived?
Did the black lady besides the verbal threat-- touch them or look like she would break the window where the lady sat? Did she have a rock or item to break a window?
The white lady did NOT just pull out the gun -to show she had the gun, or shout-- I have a gun get away-- she pointed it and supposedly cocked to fire, and her hubby came out of his and did the same.
The laws of the state - do not care about how some of you feel about the incident. I do worry about some of you,,, looks like some of you would take a life at the drop of a dime.
What life did the white woman take ?
We don't know what was happening right before we see ww outside the car pointing the gun. I'm sure nothing would change your opinion, but if bw was trying to enter the car or prevent the car from moving, that would affect my opinion. I think a jury would also consider that in deciding if ww had a reasonable belief of imminent serious bodily injury.
We don't know what was happening right before we see ww outside the car pointing the gun. I'm sure nothing would change your opinion, but if bw was trying to enter the car or prevent the car from moving, that would affect my opinion. I think a jury would also consider that in deciding if ww had a reasonable belief of imminent serious bodily injury.
If she had actually killed somebody she would not be walking around today and the charge would not be felony assault. I think she’e be in a bit more trouble.
Michigan Compiled Laws §750.234e prohibits individuals from willfully and knowingly brandishing a firearm in public. According to MCL §750.222(c), the term “brandishing” as used in this statute refers to pointing, waving, or displaying a firearm with the intent to cause fear in another person.
My only advice is don't let your emotions run away with you get into verbal disputes. If you carry a gun make yourself feel tough, or to boost your self esteem because you were bullied as a child you will end up wearing an orange jump suit.
Right so she only brandish her gun, a misdemeanor, and didn't actually use deadly force you kept mentioning. So why is she charged with felonious assault and why do you keep using the standard for using deadly force? And there is another Michigan law that says you can use force that is not deadly (such as brandishing a weapon) when you reasonably believe it will prevent force about to be used against you. So she isn't really even guilty of brandishing or anything.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
Right so she only brandish her gun, a misdemeanor, and didn't actually use deadly force you kept mentioning. So why is she charged with felonious assault and why do you keep using the standard for using deadly force? And there is another Michigan law that says you can use force that is not deadly (such as brandishing a weapon) when you reasonably believe it will prevent force being used against you. So she isn't really even guilty of brandishing or anything.
Funny enough just last year a Michigan appeals court the out a conviction because a judge wrongly suggesting that defending yourself by pulling a gun had to meet the standard for use of deadly force. That ruling expressly stated that pulling a gun is not deadly force and does not require that standard.
That said, Michigan law is incredibly backwards and no one should want to live there.
I'm about to log off and go about my business on a Sunday afternoon but before I do I'd like to mention something that crossed my mind I hope you ponder regarding this situation with this woman pulling a gun and OTHER past situations regarding other people.
I don't agree with or support mandatory sentencing laws. I think it is short sided, created by politicians to get elected to show they are tough on crime. It takes away the ability of a judge and jury to deliberate extenuated circumstances unique to each case.
If this woman does get convicted for using a gun wrongly, I think we can agree she doesn't deserve a automatic 10 or 20 years prison time, which mandatory laws do when saying use a gun in a crime, get a automatic determined prison sentence. I don't know her state laws just saying this in general.
There was a woman years ago in Florida (black woman) who shot a warning shot against a abusive boyfriend or husband, I think we can agree that while it may be unlawful to discharge a firearm improperly her case doesn't or didn't warrant a automated sentencing timeline.
These are clear cases that are totally different than a known felon with a record using a gun in another crime.
Same goes for drug laws, automated prison laws for having drugs can destroy a life for a person who might otherwise not have never really been someone particularly dangerous to society.
So I hope you agree that mandatory tough on crime laws are short sided and should not be supported.
Funny enough just last year a Michigan appeals court the out a conviction because a judge wrongly suggesting that defending yourself by pulling a gun had to meet the standard for use of deadly force. That ruling expressly stated that pulling a gun is not deadly force and does not require that standard.
That said, Michigan law is incredibly backwards and no one should want to live there.
Really? So that suggests sec 2 of the self defense law use of force that is not deadly I quoted applies and not sec 1 deadly force standard. So all she did was brandish and section 2 suggests she was justified. These charges should be dismissed.
We don't know what was happening right before we see ww outside the car pointing the gun. I'm sure nothing would change your opinion, but if bw was trying to enter the car or prevent the car from moving, that would affect my opinion. I think a jury would also consider that in deciding if ww had a reasonable belief of imminent serious bodily injury.
none-- but the video will go to forensics and they can see the movements -- that is up the the courts
what you guys are forgetting is that the black woman HAD NO WEAPON. these was no threat a bodily injury, property damage, or even death. no ones life was in danger. its better to wait in the car and file criminal charges against the black woman for false imprisonment, and other felonies, and let her deal with the legal issues, than for you to get felony charges of brandishing a weapon and assault with a deadly weapon, and menacing.
sorry but again there was no reason to pull a firearm in that situation.
when you keep a cool head, you can think clearly, and turn a bad situation into one that benefits you, to the detriment of the other person. sorry bt the white woman is a hot head and should not becarrying a firearm.
remember that with rights come responsibilities, and one big responsibility of carrying a firearm is to use it wisely. the white woman didnt and she will be paying the price in court. you can bet a jury will see this video, and will mostly likely rule against the white woman as they can clearly see there is no threat to life or property.
you hae to think BEFORE you act. yes there are times when a firearm is a necessary tool to prevent bodily injury or even death, but it isnt two women yelling at each other.
When you impede movement by your physical body you've made your body a weapon.
That's all true but who is facing a felony now? if you carry a gun learn from this. CCW holders need to understand what the risk is. Even if they end up with a brandishing conviction what employer is going to hire them with that kind of record none.
I earlier already got you to admit you would convict this woman, so just quit pretending as if you're just a concerned person wanting to help and protect CCW holders
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this is getting ridiculous .
