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NC Shooting ruled Self-Defense

Discussion in 'Legal' started by cls12vg30, Sep 22, 2004.

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  1. cls12vg30

    cls12vg30 Member

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    This is an interesting situation, it seems the authorities were very lenient with this guy. Teh stolen gun notwithstanding, a different interpretation of NC self-defense law could have had this guy going down for attempted first-degree manslaughter or at least assault (if the guy he shot survives), if it was ruled that he didn't have sufficient reason to fear death or serious injury. On the other hand, the "habitation rule" is often extended to a motor vehicle, so if that is the case the he would be justified in shooting to prevent hostile entry, the same as if he was at his house. Of course, since the shooter made an obscene gesture to his attacker before the attack, it could be argued that he instigated or provoked the confrontation, which changes the rules of self-defense yet again, and then he would be guilty. This stuff sure gets complicated.................

    http://www.wral.com/news/3749341/detail.html

     
  2. Nathaniel Firethorn

    Nathaniel Firethorn Member

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    So Thomas Williams flipped someone off while carrying. And he was packing a stolen gun to boot.

    Conduct unbecoming, fershure. Wonder who's brother-in-law he is? :rolleyes:

    - pdmoderator
     
  3. flatrock

    flatrock Member

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    Obscene gestures are the same as words, never an excuse to use force against someone.

    Going up to someone's car door and opening it while they're at a stop light seems like a good way to show someone that you intend to do them serious harm. Rational people do not do something like that, so he was justified in fearing that he was in serious danger.

    If the gun was stolen, then he should be charged with that, but that's not related to the shooting.

    The guy who walked up and opened his door should be charged with assault.
     
  4. Nathaniel Firethorn

    Nathaniel Firethorn Member

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    Not my point. My point is that Thomas Williams chose (a) to carry a stolen weapon, and (b) while carrying, to escalate hostility.

    Neither of which is smart or reflects well on the rest of us.

    - pdmoderator
     
  5. Hawkmoon

    Hawkmoon Member

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    pdmoderator's point is correct, but in today's world flippin' off someone who honks at you for not starting the instant a light turns green isn't exactly "escalating hostilities," it's more or less standard operating procedure. It is true that those who carry should avoid such actions, but the sad truth is it's a sorry state of affairs that we find it necessary to avoid such for the simple reason that idiots like that soundly DESERVE to get flipped off.
     
  6. HankB

    HankB Member

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    When I'm carrying - which is most of the time - and encounter some moron on the road with a case of road rage, I don't respond in a way that will escalate the situation.

    Flipping someone off does NOT justify assault, and these days it's becoming SOP.

    BUT it's worth it to me to NOT flip someone off - even if they richly deserve it - since, if the situation DOES escalate to the point I have to employ deadly force, my conscience will be clear that I did occupy the moral high ground by not contributing to the escalation. ALL the escalation will have to be on the other guy's part.
     
  7. Firethorn

    Firethorn Member

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    BAD:
    Carrying a stolen gun
    killed a man

    Good:
    He's ok.
    Shot when door opened

    Minor:
    flipped off the Guy
    didn't have the door locked
     
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