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Man sued by family of man he shot in self-defense

Discussion in 'Legal' started by Erich, Jun 8, 2004.

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  1. Erich

    Erich Member

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  2. Ex-MA Hole

    Ex-MA Hole Member

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    G-d, I love this Country!

    The poor guy will probably be found guilty, too. As I have said in a few posts- where is personal accountability?
     
  3. SteveS

    SteveS Member

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    Oh boo hoo. I realize that, under some circumstances, you may have a duty to provide aid, but I seriously doubt this is one of them. I hope Rose wins and can get back his legal fees. This is such a crock!
     
  4. Graystar

    Graystar Member

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    I bet anything he wins both trials. I sure hope he wins big in the countersuit...it would send a great message to the families of criminals that try this crap.
     
  5. R.H. Lee

    R.H. Lee Member

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    Any reasonable judge would throw out the case and fine the attorney(s) who brought it. Impeachment of judges is waaaaaay overdue. Where is judicialwatch on this anyway?
     
  6. sturmruger

    sturmruger Member

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    This is one of the most pathetic stories I have heard. How they hell is he supposed to save some kids life after he shot him!! It didn't sound like he was a doctor? I am sure this will get thrown out. If you live down there please keep us posted.
     
  7. Standing Wolf

    Standing Wolf Member in memoriam

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    It died in law school.
     
  8. nico

    nico Member

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    it sounds to me like the only mistake the guy made was letting the SOBs leave the motor home alive. If the one who killed had died instantly, the grounds on which they're suing wouldn't be there:banghead: :cuss:
     
  9. sumpnz

    sumpnz Member

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    They probably figured the guy (or his insurance company) would try to settle quickly, and they'd get to grab some cash. I'm sure they didn't expect him to fight the lawsuit and file a counter-suit as well. Chances are, the family of the dead perp has little or no money, so the counter-suit is unlikely to actually get Rose any compensation for legal expenses, let alone anything else. But, if he wins in both cases, at least it will prevent the perps family from ever being able to sue him again.

    One question I'd like the perps family to answer is, how was he supposed to render assistance if the perp and his accomplice flee the scene? If the dead guy had collapsed inside or right outside the motor home, and his buddies took off, then it might have been possible to render assistance, but not in this case.
     
  10. Carlos

    Carlos Member

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    Hmm, small wonder.

    Perhaps the scumbag lawyer thinks he'll be spending time down south burning in that very special place Chavez is.

    Hope the family gets to join them.

    :banghead: :cuss: :fire: :fire: :fire:
     
  11. MR.G

    MR.G Member

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    Does anyone else have the NRA endorsed self defense insurance? I have have it, and was going to drop it at renewal. Articles like this make me wonder if I should keep it.
     
  12. Frohickey

    Frohickey Member

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    I'm trying to find out the case numbers and particulars about the countersuit, but the New Mexico courts website is either slow or down for the evening.

    Here is the url.
    My guess is that the suit and countersuit can be found by searching for John Miguel Rose or Chavez. After finding the suit and countersuit, we can then figure out who is the scumbag attorney that did the suit, and then its time to make his/her mailbox bleed. :evil:
     
  13. F4GIB

    F4GIB Member

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    Can't happen in Minnesota. Perp is deemed to have "assumed the risk" of injury or death as a result of a victim's resistence to the crime. Minn. Stat. sec. 611A.08.
     
  14. Crownvicman

    Crownvicman Member

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    F4GIB, that sounds like a very good, common sense law. Does anyone know if any other states have similar protections?
     
  15. JonnyB

    JonnyB Member

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    F4Guy:

    I beg to differ. Here in the wonderful, and very much liberal, state of Minnesota, you *must* render aid to the person you've shot. Once the danger has passed, you are legally obligated to do so. It's not a good idea, but it *is* the law.

    Of course, it could take a long time to be sure that the guy you shot doesn't have backup...

    JB
     
  16. Frohickey

    Frohickey Member

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    Okay, as promised, here is the New Mexico courts case lookup.

    Case #: D-202-CV-200308645
    Current Judge: GERALDINE E RIVERA
    Case Status: PN PENDING
    Status Date: 12/22/2003
    Filing Date: 12/22/2003
    Court: Albuquerque District Court

    The good guys are: Plaintiff ROSE JOHN, Attorney(s):ALAN M MALOTT

    The lowlifes are: probable parent CHAVEZ (PR) JOSE R, scumsucking lawyer MONTOYA DENNIS W, convicted felon PACHECO ARTHUR

    According to www.findlaw.com, scumsucking lawyer Dennis W Montoya is a Civil Rights lawyer.

    Dennis W. Montoya
    Firm: Montoya Law, Inc.
    Address: P.O. Box 15235
    Rio Rancho, NM 87174-0235
    Phone: (505) 246-8499
    Fax: (505) 246-8599
    E-mail: Contact Us
     
  17. Sportcat

    Sportcat Member

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    Time for some e-mail fun! :fire: :D
     
  18. HankB

    HankB Member

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    Uhhh . . . not knowing if the BG or his buddies are in a position to do me harm, not being a trained paramedic, and not having the equipment or training to safeguard myself against bloodborne pathogens, I'd be REAL reluctant to do more than call for police and EMS.

    And I sure wouldn't chase after a FLEEING perp in order to "render assistance." After all, how would CHASING the FLEEING bad guys play out in court?

    "Honest, Your Honor, I was just going to offer a band aid to the guy I shot!" :rolleyes:

    [politically incorrect mode ON] As far as the plaintiffs in this lawsuit . . . has anyone thought to check their immigration status? :evil: [/politically incorrect mode OFF]
     
  19. Frohickey

    Frohickey Member

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    ooooooooh... I like the way you think. :evil: :evil: :evil:
     
  20. goalie

    goalie Member

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    While you may be obligated to render aid appropriate to your training and the equipment on hand, in Minnesota you cannot be held civilly liable for injury or death that you legally bestow upon a criminal who is in the act of committing a crime against you.
     
  21. The_Antibubba

    The_Antibubba Member

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    Your Honor, I performed CPR

    How was I supposed to know that chest compressions after a 12 gauge blast were a poor choice? :evil:
     
  22. gunsmith

    gunsmith member

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    Render aid?

    No way man,I've seen those movies where the dead/wounded guy come back to life and grabs your gun...
    OR...
    "Yer honor,I was performing the CPR while holding my gun,and the durn thing went off!it's not my fault the gun went off while I was saving him"
     
  23. FitchHall

    FitchHall Member

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    Who initiates these frivilous cases?

    Thanks to THR and other forums, I have been able to read about more of these types of cases. While I firmly agree that once they make that conscious (and often premeditated) decision to break the laws and threaten someone's safety or life, they fully discard any rights they may have had. I often wonder who initiates these frivilous lawsuits. Are the families of these "products of waste that accumulated in the filter of the gene pool" savvy enough, in regard to the legal system, to file a wrongful death suit.... or do these lawyers troll around the police blotters looking for a way to cash in?
     
  24. Sportcat

    Sportcat Member

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    Before this thread turns into another "lawyer bashfest," please remember that not all attorneys are scum-sucking bottom feeders.

    My brother-in-law is a partner in a firm that has very high standards and hates frivilous suits, such as this, as much as we do. In fact, he just applied for his CWP last week.
     
  25. FitchHall

    FitchHall Member

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    It may be tangential to the thread, but as a private citizen who is fed up with the number of frivilous lawsuits, what recourse do I have to voice my opinion (other than a rant here) or affect changes? These lawsuits hurt the "law abiding" citizens that the legal system is supposed to protect. They cost a lot of money to the tax payers. They are often used as the basis for the passing of frivilous laws that infringe on the rights of law abiding citizens. Where does it stop? What can we do to affect a positive change?

    In discussing this subject with some colleagues, we came up with a change (although not possible, probable, or practical) - That if a judge (and/or jury) determines that a suit is frivilous, the prosecution must pay the damages they originally sought to collect from the defendant. This would take a great step toward stopping these frivilous lawsuits. I realize that there are ramifications beyond my conjecture that lawyers and those with a greater background would tear apart, but as a stand-alone thought, I believe it would work.
     
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