deerdad
NES Member
I realize this is a different state but isn't this something like the Trayvon kid in Florida? Same situation with the attacker on top of the victim while on a solid surface.
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They will financially break him for daring to defend himselfIndeed. However, there is exception if doing so would increase chance of harm to others if I read it correctly. So I think he has a good shoot...not saying they won't try to break him financially in the process
Mr ponytail CHARGED at him and tackled him from behind and brought him to the ground while on top. He wasn't there to tickle him. Hands and feet are the most common weapon used in a deadly attack. That was an aggravated assault done with malice and intent to inflict bodily harm. The defense has a strong case and if Newton courts charge him, this will be appealed to higher courts for sure.
If the same unprovoked tackle happened on a Newton Police officer, and that assaulted officer shoots 1 round in defense, what would happen to that cop? Would he be charged with A&B with deadly weapon? If not, why?
I realize this is a different state but isn't this something like the Trayvon kid in Florida? Same situation with the attacker on top of the victim while on a solid surface.
The system may actually conclude this was legitimate self defense and give him the opportunity to plead guitly in a no jail/prison time but felony record outcome.Mr ponytail CHARGED at him and tackled him from behind and brought him to the ground while on top. He wasn't there to tickle him. Hands and feet are the most common weapon used in a deadly attack. That was an aggravated assault done with malice and intent to inflict bodily harm. The defense has a strong case and if Newton courts charge him, this will be appealed to higher courts for sure.
Two important differences:I realize this is a different state but isn't this something like the Trayvon kid in Florida? Same situation with the attacker on top of the victim while on a solid surface.
Didn't even have his mask on correctly to protect himI agree, but the argument will be that ponytail was un-armed.
The system may actually conclude this was legitimate self defense and give him the opportunity to plead guitly in a no jail/prison time but felony record outcome.
The use of force pyramid is applicable everywhere. The one for the citizen is not the same as for a LEO and uses proportional force below deadly, instead of necessary. If you're under the impression that an unarmed ponytail charging a crowd of protesters would be a justified shooting in Texas, I have news for you.I'd just add it to one of the many reasons you should abandon MA.
The use of force pyramid is applicable everywhere. The one for the citizen is not the same as for a LEO and uses proportional force below deadly, instead of necessary. If you're under the impression that an unarmed ponytail charging a crowd of protesters would be a justified shooting in Texas, I have news for you.
Ah, a typical Massachusetts "You used a gun so you'll never own one again" outcome. Of course, that only applies to legal gun owners.The system may actually conclude this was legitimate self defense and give him the opportunity to plead guitly in a no jail/prison time but felony record outcome.
Mass is one of the worst - you need to assume risk in retreat if retreat lowers your risk of harm.We have a duty to retreat law in MA?
Charging? No.The use of force pyramid is applicable everywhere. The one for the citizen is not the same as for a LEO and uses proportional force below deadly, instead of necessary. If you're under the impression that an unarmed ponytail charging a crowd of protesters would be a justified shooting in Texas, I have news for you.
Older, overweight vet?Hard to retreat when the guy tackles you.
That said, was there a clear threat of death and grave bodily harm?
Reset your logic - silence is violence crowdWhat kind of unhinged motherf***er charges at people peacefully protesting?
From a Monday morning QB perspective though, I'd say the vet did everything right, he fired 1 shot to mitigate the threat, called off any additional attackers, rendered aid once the threat was neutralized and got the guy help as quickly as he could. Shit, even the po-po don't handle situations that well, they'll shoot a guy 12 times, then let him bleed out on the ground for 20mins waiting for EMS to get there.
It shouldn't even go to trial. Dismiss that case with prejudice.One thing to note, the guy didn't shoot until he was on the ground on his back. At that point there is no retreat and you have someone on top of you intent on harming you. I don't see any way this wins at trial other than the fact it's MA so it's about the same as a Trump trial in NYC, there is no jury of your peers there.
What force?The Newton cop likely would have used other force before shooting him.
True - but we have zero information on the victim's individual health conditions.Not ever attack can or should be met with deadly force.
The amount of fail in this hypothetical is too much to enumerateThe question is: did your actions help precipitate the fight or not?
For example, suppose you are in a bar and a guy bumps into you spilling your drink. You turn around and yell at the guy. He yells back and pushes you. You push him back. He swings at you. You swing at him. He grabs a beer bottle by the neck, smashes it so he now has a sharp weapon, and you draw your gun and shoot him. A judge may well decide that that was mutual combat, not self defense, and that you are not allowed to claim self defense because you helped start that fight and escalate it.
What words were said by the shooter to ponytail boy prior to the attack? Did those words help instigate the fight?
If you start, or help start, a fight, you may not be allowed to claim self defense if you end up using deadly force.
2) Was the shooter in danger of death or grave bodily injury?
And that's why they do it - the one sided propensity to initiate violence makes their side look highly supported by the public because no one wants to be attacked or persecuted for self defense.I am not sympathetic to the pro-Hamas sympathizers. Not at all.
But it seems to me that protests for or against supporting Israel have a higher than average likelihood of resulting in violence. Same with the BLM protests. I have no desire to be anywhere near those. If you decide to go, I strongly suggest that you bring along some less-lethal defense tool, like OC spray, and that if violence does break out that you use Nike-fu to GTFO.
This reminds me of like that stupid broad in the McDonald's video where the dude was beating the ghetto chicks with the friolator rod I kind of wish he had taken that rod and gave the shrieking lady a couple of slaps too just to make her shut the f*** up....I find high pitched shrieking almost never helps the situation.
They can be if the words would objectively cause a reasonable person to believe that the utterer was about to use physical force against them."the incident was preceded by an argument"
that's protected 1A behavior on both sides, correct?
mere words are not an assault