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

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  • jmcrawf1

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    Jan 20, 2008
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    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)

    I doubt it. There better be specific, articulable reasons as to why he is a threat to your life rather than just a big scary man running from the cops in your yard. Cops get in foot pursuits over a $5 shoplifting just as they do over a home invasion.
     

    olivs260

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    Sep 23, 2009
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    So a derp, trying to play police, shoots a guy in his yard and he's a hero?

    Only after
    According to another of Mr. Carlson’s lawyers, Ben Ostrer, Mr. Carlson, training his shotgun on Mr. Acosta-Sanchez, forced Mr. Acosta-Sanchez to walk down Old Plank Road to the nearest house.

    No one was home, so Mr. Carlson fired a warning shot to alert neighbors that he needed assistance. He did so again at another vacant house, Mr. Ostrer said.
     

    madwabbit

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    No way. It's the internet, it's all make believe.

    JR1572

    probably a good shoot. i mean, the guy was suspected of maybe possibly raping someone. maybe bad guy was standing in his wife's flowerbed. You ever had that kind of pressure?

    - - - Updated - - -

    I doubt it. There better be specific, articulable reasons as to why he is a threat to your life rather than just a big scary man running from the cops in your yard. Cops get in foot pursuits over a $5 shoplifting just as they do over a home invasion.

    Oh, I'm not saying its a bulletproof defense lmao. I'm just saying if I was in his shoes I'd be scratching and clawing for anything. notice the sentence in ( ) that followed hehe
     
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    general mills

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    I'm with Jack/Wabbit (see what I did there?) on this one. From what I read, he made a poor decision, he was not in immediate danger, and I don't see going to a nearby cabin carrying a shot gun to confront a known fugitive as stand your ground. I don't see this as a NY thing, I don't think this would stand in Louisiana, Texas, or Florida.
     

    Jack

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    I do love the first article's misleading spin though. No mention of what really happened, just a vague attempt to stir up support for SYG laws and against NY. Both of which are pretty much irrelevant.
     

    jmcrawf1

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    It would be if it was my daughter, but in that case they'd never find the body.......

    If your daughter gave it out consensually it isn't the boys fault. Its the parents fault for not teaching her the proper values before it getting to that point. Its always someone elses fault.
     

    Neil09

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    If your daughter gave it out consensually it isn't the boys fault. Its the parents fault for not teaching her the proper values before it getting to that point. Its always someone elses fault.

    You just blamed the parents. It is the parents to a degree, but you can't possibly think it's completely up to the parents. I don't think if it was consensual, he'd be running..


    Sent from my iPhone using Tapatalk
     

    323MAR

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    Jan 15, 2014
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    The poor fool had no idea that his actions were not protected by the law. In our state, he would have been charged with 2 counts of Illegal Discharge of a Firearms(misdemeanor) and Second Degree Murder. This would not have been a good shooting even in Louisiana.
    Shooting an unarmed fugitive with a shotgun does not constitute "reasonable force." In the same situation, a bounty hunter would use mace, a stun gun, or a tazer. Those options would have been considered "reasonable" in Louisiana.
    There would be only one way for the shooter to justify his actions in Louisiana. He would have to prove that the fugitive was trying to gain control of the weapon. During a struggle for possession of a weapon, both individuals are considered armed. However, this is hard to prove without witnesses.
    The firing of warning shots is proof that he intended to fire in any case.
    I am sure that in NY, his best move would have been to give chase until able to report direction of flight. It was very poor judgement to go looking for the fugitive alone and without the proper equipment and training/education.
     

    madwabbit

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    I am sure that in the USA, his best move would have been to let the pursuing LEO's do their job. It was very poor judgement to go looking for the fugitive, and he could have been seriously hurt or worse, all for protecting nothing but his freshly watered lawn.

    sprinkled some wabbit on there for ya.

    no charge.
     

    jmcrawf1

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    You just blamed the parents. It is the parents to a degree, but you can't possibly think it's completely up to the parents. I don't think if it was consensual, he'd be running..


    Sent from my iPhone using Tapatalk


    You are right. It's nobody's "fault" per se. What i'm saying is parents always want to blame the boy. When in reality, they would be more to blame for not teaching their daughter to make good decisions.

    **I'm not advocating statutory rape. What i'm saying is that this guy in NY isn't some hero for killing a guy that in all likelyhood made a crappy mistake but is otherwise non-violent.
     

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