Question For Lawyers And Police. Re: SD Shootings

[Frank Ettin]

Frank Ettin may correct me on this, but IIRC it is NOT necessary to make a threat against a specific individual to be found guilty of murder if you kill someone. If you post something like, "The next time some creep hassles me I am going to shoot the &^%$%." could certainly be taken as proof of intent to kill if you do shoot a "creep."...

Jim is correct. The state of mind which distinguishes murder from voluntary manslaughter is malice or evil intent or evil and malicious disposition. Evidence from which could be inferred a predisposition to resort to lethal force in retaliation for a mere annoyance could therefore be considered evidence of malice supporting a murder charge.

 

[emb]

Social media is used in the courts all the time as evidence or impeachment. On virtually every case I or my staff search all available media. I ask my clients about which sites they regualrly visit and post, and the types of issues they discuss. I counsel them not to post comments, emails or texts that they would not want a judge or their mother to read. Too often we find are posts that will help or hurt the case.

There is nothing privileged about these posts. You have no idea who is reviewing your post-government?. Since it is terribly public, any properly motivated person can find it and use it against you in some fashion. I would advise against posting the type of opinions set out by the OP.

 

[JERRY]

all that said, one can only hope that in a suppression hearing the judge would weight what was said as tongue in cheek in the context of the conversation or obvious sarcasm vs. what the average person could infer as malice....

 

[Frank Ettin]

all that said, one can only hope that in a suppression hearing the judge would weight what was said as tongue in cheek in the context of the conversation or obvious sarcasm vs. what the average person could infer as malice....

I wouldn't count on it. "Tongue-in-cheek" is very difficult to do effectively in writing where there are no inflections of voice, gestures or facial expressions to add clues.

Often folks here will complain that someone misread a tongue-in-cheek post as serious, but in fact the post was not obviously tongue-in-cheek. People who write satire or humor effectively tend to be gifted writer who work very hard at their craft.

 

[JERRY]

Frank, that's why we need the smilies.....

 

[PistolPete45]

SD shooting

I try to explain to people that if you do have to shoot in SD > when the cops show up your going to be hand cuffed put in a car and taken away . Questioned and need a lawyer in most cases . even when you are 1000% right in your SD shooting .

 

[RustyShackelford]

True!

I agree!
Unless you are a sworn LE officer, retired LE officer or retired US military service member, you will need to get a atty ASAP.
I've seen videos & "good advice" saying different things but keep in mind, the LE officers who respond are not on your side & they do not care about your welfare/legal status/well-being.
If you are hurt or feel you need medical aid, request it. The LE officers won't hurl a million questions at you if you go to a ER. Ask for a lawyer & then shut up.

The cops may get mad or a prosecutor may lean on you, but that's a small price for avoiding a long term in prison for a crime(conviction) you didn't do.