would you have considered this self-defense?

[Bartholomew Roberts]

There may be some negative facts that caused the prosecutor to choose to prosecute but, it seems to me, that this could be a case of an overzealous prosecutor and judge who have kept this guy in jail for two years without a trial.

If he had been kept in jail for two years without trial, he would be entitled to dismiss all the charges on timeliness issues. So my guess is that the reason the process has gone two years had to do with requests for extensions or other delays coming from the defendant.

There have been many prosecutors who have prosecuted innocent men for political or other reasons that have had nothing to do with justice.

It does happen. Though I don't know if I would use the word "many" to describe how often it occurs in our justice system. Using Occam's Razor though, I would guess that there are probably facts omitted from the story.

 

[jaholder1971]

Louisiana criminal justice, y'all.

About as honest as their politics.

 

[dalepres]

Using Occam's Razor though, I would guess that there are probably facts omitted from the story.

There always are.

 

[Zedo]

Well, they -did- screwed up:

1) you ain't an intruder if you got invited in. apparently the wife let them in.

Legally, you're an "intruder" if you've been asked to leave and refuse.

"Castle doctrine" -- which may or may not apply in this jurisdiction, holds that you have the right to use lethal force to defend your home from an intruder.

"Lunging" at the defendant is an "attack" and in one's home can be reasonably viewed as legal justification for use of lethal force.

That the intruders were first allowed into the house weakens the case considerably . . . goes to "intent" and at what point does someone who is lawfully invited into your home become an "unlawful intruder" in the eyes of the law?

I'm guessing there's more going on in this "incident" than is outlined in the "facts of the case."

A legal decision would have to rely upon the full court transcript, a review of the charges, and the evidence on record.

 

[M2 Carbine]

would you have considered this self-defense?

Yes.

 

[Guns and more]

Remember, he pled guilty. Perhaps he couldn't legally have a gun. Maybe there were parts of the story he didn't want coming out in court.