View Single Post
Old 03-09-2005, 07:09 PM   #122
sanskara's Avatar
Location: Austin, TX
Join Date: Apr 2001
Posts: 52
Re: SD Question - Pizza Parlor Attack

Vincent Paglia wrote:
Maybe you meant jury. It would be very unlikely that you would end up in front of a grand jury. The prosecution would likely file an information and you would have a preliminary hearing. Then you would go to trial. Indictments (via grand juries) are used rarely.
No, I meant grand jury, and it depends on your state. I had a buddy who shot and killed two criminals, and that's what he faced a grand jury; another who shot two, did not have a permit, and was not defending his life, and walked away scott-free. No, he wasn't lucky either, you just need to know the law.

The law allows people to use lethal force (roughly defined as force that has a decent probability of killing someone) in self defense or defense of others only in circumstances where that type of force is being used. Here, if the big guy punched the little guy and you pulled out your pistol at that point and shot him dead, you would almost certainly be convicted of homicide
Not quite. Firstly, I said that I would tell him to stop first--see my above post for reasons why that would most likely work. Secondly, the law basically states (and I'm not in the mood to google right now for links) that you may defend with deadly force your life or someone else's if you believe them to be in mortal danger. The first time I saw this video on our local news it occured to me that the victim could have been easily killed by repeated punches to the head by someone of that size.

However, there is a hell of a lot of racism in the American criminal justice system. If you are white and you had a white Oregon jury, you may get off. In fact, the prosecutor's office may not charge you with any crime at all. If you also wealthy, you have even better chances.
Yes, if all else fails bring out the race card. Congratulations on original but irrelevant thinking.

If the letter of the law were followed, though, you would be convicted of homicide and possession of an illegally concealed weapon (unless you have a permit to carry it), then get extra time for using a gun in the course of a homicide. You'd be facing a lot of time.
Nope, I'm legal to carry in at least eight states, none of which prevent me from disclosing said same (unlike Texas that does, for example.) And there are other mitigating circumstances, that in addition to the truth of the law, as opposed to your rendition, would work in my favor.

Either way, standing around watching someone else get pounded is not an option for me. If it is for you, you should be ashamed.

James Bostwick
  Reply With Quote