Hero kills rape suspect, but since in NY, being charged with murder

[Grendal]

http://bearingarms.com/hero-kills-f...ce-its-new-york-hes-been-charged-with-murder/


David Carlson shot and killed a wanted rape suspect after heavily-armed teams of police chased the violent cirminal out of the woods near his home. Witness Carmine Ferrera saw the shooting, and said that what she witnessed wasn’t murder.

New York State, of course, doesn’t have a Stand Your Ground law, and so instead of giving Carlson a key to the city for his service to the community, he’s being charged with second degree murder.

The shotgun killing of the fugitive, though, is something that has to be prosecuted, according to Bernard Brady, a long-time veteran criminal lawyer in Orange County.

“New York is not a ‘stand your ground state.’ There is a duty to retreat, especially if you’re armed and the other person isn’t. You can’t walk away from a dead guy when there’s a shooting involved,” Brady said.

But it isn’t just a shooting; it’s an act many here consider to be heroic — a defense of the community. It has now set the stage for a trial that could help define the limits of deadly force when an armed citizen is facing a fleeing criminal suspect.

Under New York’s pro-criminal laws, Carlson was supposed to turn his back and flee into his home with a rapist in pursuit.

Does that make sense to you?

 

[WOLFIE]

I will not move to new york.

 

[Mxav]

Makes me angry, but hey, what can you do...

 

[freedive10]

This should not surprise ANYONE! Its the "Bad Apple" same thing in "Commiefornia" and "ILL-inois".

 

[madwabbit]

I'd love to blast NY and CA at any chance, but theres just not enough details here to make an assumption one way or the other.

Was he threatened and in danger, or just shooting him because the cops were chasing him? If its the latter, where are our pro-rights guys "he had the right to a trial by the jury of his peers?"

The argument that he's going to face is: if the LEO's didn't use lethal force, why did this guy?


PROBABLY a good shoot combined with bad state to do it in. Details aside, will easily get slaughtered in court - especially in that state.

 

[oleheat]

Oh, but I'll definitely continue to make the assumption that NY is governed by a gaggle of liberal assclowns.


They can have that joke state.

 

[JadeRaven]

The suspect was running away, and he shot and killed the suspect?

The articles are very short on details.

You can't just kill people who are running away.

 

[bs875]

I'd love to blast NY and CA at any chance, but theres just not enough details here to make an assumption one way or the other.

Hey, we don't come here for reasoned thinking. Pick a side, we're at war. #sarcasm

 

[calcagno45]

Makes me angry, but hey, what can you do...

Move out of these liberal states. States like Texas or North Dakota have plenty money, jobs, and are gun friendly.


Sad to see that you can't defend yourself in New York instead have to flea for your life.

 

[SpeedRacer]

There's plenty of details out there, it happened almost a year ago.

http://mobile.nytimes.com/2013/10/1...-question-of-self-defense-or-vigilantism.html

Very odd story, seems like a bad shoot to me.

 

[Fred_G]

Say what you want, but my self defense strategy is not to get involved unless direct threat against me or family. Hopefully the concept of jury nullification will become a bit more common.

 

[aboatguy]

Statutory rape doesn't sing dangerous violent felon to me. However, I'd like to give the BOTD to the citizen, was the deceased armed?

 

[340six]

Say what you want, but my self defense strategy is not to get involved unless direct threat against me or family. Hopefully the concept of jury nullification will become a bit more common.

We have a winner!
Years ago i was on a Jury and the words unreasonable force, were used many, many, times when it was clearly self defense. She spent 6 months in Jail waiting to have her case heard for 2nd degree murder.
The upside was she was alive, her 2 kids, mom and brother as well! And he was dead and not her. I was there all week and into the night many days.
To me if he was still after her with harm she need to use force! It was bad! "Real Bad" in pics

 

[corey d]

Oh, but I'll definitely continue to make the assumption that NY is governed by a gaggle of liberal assclowns.

I think your assumption has been confirmed on many occasions.

 

[oleheat]

I think your assumption has been confirmed on many occasions.

Yeah, it's definitely safe to assume, in this case.

 

[I_FLY_LOW]

The suspect was running away, and he shot and killed the suspect?

The articles are very short on details.

You can't just kill people who are running away.

sure you can.
holler at em, and wait for them to turn around...

 

[Jack]

There's plenty of details out there, it happened almost a year ago.

http://mobile.nytimes.com/2013/10/1...-question-of-self-defense-or-vigilantism.html

Very odd story, seems like a bad shoot to me.

Dude went hyperderp. This reminds me of almost every discussion involving someone going out to deal with a criminal in their yard in the middle of the night. What do you do when they don't freeze?

 

[madwabbit]

Dude went hyperderp. This reminds me of almost every discussion involving someone going out to deal with a criminal in their yard in the middle of the night. What do you do when they don't freeze?

yep. I'm guilty of doing it once upon a time before I knew better. Confronting in yard is a stupid decision about a dozen ways. If they are in the yard, its a call to le. but when they come inside...

Oh, I'll throw a defense out to balance my opinion: he could argue that anyone running from the police and towards him WAS a threat to his life... not entirely unreasonable.

(this just for something to type. state of NY is going to get a few license plates out of this guy)

 

[Jack]

yep. I'm guilty of doing it once upon a time before I knew better. Confronting in yard is a stupid decision about a dozen ways. If they are in the yard, its a call to le. but when they come inside...

Oh, I'll throw a defense out to balance my opinion: he could argue that anyone running from the police and towards him WAS a threat to his life... not entirely unreasonable.

(this just for something to type. state of NY is going to get a few license plates out of this guy)

Problem though, is him going to the guy's house with a shotgun to get him.

 

[jmcrawf1]

So a derp, trying to play police, shoots a guy in his yard and he's a hero?