UPDATE: Cannizarro Refuses to Charge; A friend was involved in a shooting

[mcinfantry]

cops ARRESTING people all the time who actually do grab for ACTUAL weapons dont shoot. so thats not really the best example.

 

[mcinfantry]

BUT, i wasnt there. maybe he was scared. I hope the best for him

 

[Xenon]

With the teen in critical condition, Loyola law professor Dane Ciolino says its hard to tell what will happen when this case makes it to court. Ciolino also adds the outcome will depend on if the 14-year-old survives.

"Someone is breaking into my car. I can use force that is reasonable and necessary to prevent the trespass to my automobile. But if my force causes the person to die it becomes much more difficult to use defense of property," said Ciolino.

From another article, and not an i-lawyer

 

[mcinfantry]

"Someone is breaking into my car. I can use force that is reasonable and necessary to prevent the trespass to my automobile. But if my force causes the person to die it becomes much more difficult to use defense of property," said Ciolino.

From another article, and not an i-lawyer

is he a criminal defense attorney? or prosecutor?

looked him up, good. he has some experience. REASONABLE force. so we will see!

so a true criminal attorney & professor is speaking up. he didnt say "GOOD shoot"

 

[Xenon]

With the teen in critical condition, Loyola law professor Dane Ciolino says its hard to tell what will happen when this case makes it to court. Ciolino also adds the outcome will depend on if the 14-year-old survives.

Neither. He is a distinguished law professor. (not being derogatory, this is how it was put in his bio)

His current scholarly and teaching interests at Loyola include Professional Responsibility, Evidence, Advocacy and Criminal Law.

 

[mcinfantry]

Neither. He is a distinguished law professor. (not being derogatory, this is how it was put in his bio)

Stone, Pigman, Walther & Wittmann, LLC, New Orleans, Louisiana
Associate, 1991-1995
Areas of Practice: Commercial Litigation, Intellectual Property, Criminal Law

so a couple years?

 

[Xenon]

Of courtroom experience maybe. Also clerked for the United States District Court, Eastern District of Louisiana, and practiced law at Cravath, Swaine & Moore LLP in New York City (but not criminal). Currently teaches criminal law amongst others.

I think my wife took his class but I'll save her opinions for another day

 

[hatred]

Why is it the victim is always "a good kid who wouldn't hurt anyone"? I don't care if they're a straight A student, the next president of the USA, and have the cure for cancer scribbled on a napkin in their back pocket. If they're committing a crime, they're a CRIMINAL and get what they deserve....


Hatred out...

 

[doc ace]

I'm trying to figure out, if I walk into my house after work, and dudeman is staring blankly at me as I had zero idea he was in my house, is it a good shoot or bad shoot to engage him as he is sprinting towards me (which is also the direction of the door. Also, if he were to sprint towards the bedroom where I have firearms, what then? I'm lawfully within the confines of my home, he may possibly be trying to kill me?

I'm confused as to knowing someone is in the house vs not having a clue someone is inside your house and surprising them and you. I have no idea what he's going to do squared off to me in MY living room.

God I pray I'll never have to go through this. Can anyone clear this up? LEO?

 

[Hermit]

I'm trying to figure out, if I walk into my house after work, and dudeman is staring blankly at me as I had zero idea he was in my house, is it a good shoot or bad shoot to engage him as he is sprinting towards me (which is also the direction of the door. Also, if he were to sprint towards the bedroom where I have firearms, what then? I'm lawfully within the confines of my home, he may possibly be trying to kill me?

I'm confused as to knowing someone is in the house vs not having a clue someone is inside your house and surprising them and you. I have no idea what he's going to do squared off to me in MY living room.

God I pray I'll never have to go through this. Can anyone clear this up? LEO?

Not speaking from authority, if somebody is in your house all bets are off.
Anyone entering an occupied dwelling is legally crab bait.
I suppose if you walk in on them it would depend, but you would be the only witness.

 

[CEHollier]

The kid was probably up to no good. But the shooting on face value of the article sounds questionable. Something to ponder. He had been loitering in the are earlier, was in the mans yard behind a gate, and out at 1:00 AM. Isn't there a curfew for miners in NO.

 

[CEHollier]

I think you might be wrong here. If the guy was advancing towards you the yeah, but not just because he climbed a locked gate. I've seen people arrested for shooting an armed person while he was trying to run off.


MOTOR51

Agreed. Depending if you shot him in the back or front side. Home owner could say the trespasser was coming at him and he feared he might get the weapon and use it on him. Hope the home owner shut up and lawyered up. In that order.

 

[Jack]

Ok, understand this from someone who does this for a living. IF YOU SHOOT SOMEONE AND YOU ARE NOT IN FEAR THEN YOU WILL BE ARRESTED. Tell the responding officers and detectives that you shot the guy just cause he was in your house and you were not scared.


MOTOR51

Of course you'll be arrested. When did I say otherwise? Being arrested does not make you in violation of a statute. I'm speaking in regards to what the law says, not what a responding officer would do or think. You clearly have more knowledge than me as it relates to that, so why would I contradict you there? My point is that you and others have stated fear of death or great bodily harm is required for a homicide to be justifiable, but the statue does not reflect that. It is amazing how bellicose you and Lee are being in this thread.

wow. yall are desperate to shoot people.

Speaking of bellicose, Lee, I'm still waiting to see where I said I had/have a desire to shoot anyone.

So you think that one needs to satisfy every section, for it to be a good shoot? I'm of the opinion it is the opposite, one needs to satisfy one section for it to be a good shoot. Someone with more knowledge than me feel free to correct me. Oh and cat, when it says deadly force, they are talking about the home owner/business owner/occupant using deadly force, i.e. shooting someone.

Cat, you mind responding to this, I think one of us is backwards and I'm not sure which.

 

[Emperor]

This dude better hope that kid doesn't die!

"He's going down!"
Detective Rosetti (The Fugitive 1993)
.

 

[swagge1]

Many people seem to be hung up on "he was a 14 year old kid". Are 14 year old kids not capable of influcting great bodily harm or death?

 

[PPBart]

Many people seem to be hung up on "he was a 14 year old kid". Are 14 year old kids not capable of influcting great bodily harm or death?

That's typical -- the thug is always a "good kid", even if he was "awaiting trial for "stealing stuff"".

 

[SpeedRacer]

I dont tell yall how to run an offshore drilling rig, website, auto repair, or cabinet shop. No matter my personal OPINION. and even If i did, none of my shoddy advice will put you in prison on your jobs.

The whole "I'm better than y'all" thing is getting old. Being a patrol cop 100 years ago makes you a legal expert? Ninja please. Right now the only expert advice you can give is on hog hunting, photography and drinking scotch.

Just like how you declared, with 100% certainty and confidence, the lady in the home invasion was not randomly targeted and was a doper that owed the guy drug money? Oh, you were totally wrong huh? I didn't think that was possible, since you're an expert and all.


Sent from my iPhone using Tapatalk 2

 

[swamper]

The whole "I'm better than y'all" thing is getting old. Being a patrol cop 100 years ago makes you a legal expert? Ninja please. Right now the only expert advice you can give is on hog hunting, photography and drinking scotch.

Just like how you declared, with 100% certainty and confidence, the lady in the home invasion was not randomly targeted and was a doper that owed the guy drug money? Oh, you were totally wrong huh? I didn't think that was possible, since you're an expert and all.


Sent from my iPhone using Tapatalk 2

Speed, you got my attention at the drinking scotch part.

 

[Skiney]

Feared for my life in Wal-Mark back in he day!

ONLY justifiable reason is "I was in fear of my life", whether in my house or at Wal Mart..

I long ago felt for my life when in the last place mentioned above foe show:}

See why below.....

 

[mcinfantry]

The whole "I'm better than y'all" thing is getting old. Being a patrol cop 100 years ago makes you a legal expert? Ninja please. Right now the only expert advice you can give is on hog hunting, photography and drinking scotch.

Just like how you declared, with 100% certainty and confidence, the lady in the home invasion was not randomly targeted and was a doper that owed the guy drug money? Oh, you were totally wrong huh? I didn't think that was possible, since you're an expert and all.


Sent from my iPhone using Tapatalk 2

LOL. ill admit I was wrong on the home invasion lady (so was several other cops), Will you admit you dont know about deadly force?


Will you admit other than an administrator of this site thats taken tactical training classes on how to shoot you have absolutely no experience in the application of law or police policy or procedure? Or do you stick to 'good shoot' based on two stories you heard?

I only mention i used to be a cop because thats where I base my OPINION and EXPERIENCE on.

But, lets play?

I still dont see Vanilla Gorilla, Motors51, Alpine, BayouPiper, Et Al, claiming im wrong, or that the shoot is good.


here IS my POINT

You should throw in some tactical shooting class experience on top of a questionable shooting and lets see how that works. MMA half-ass training caused problems for zimmerman. Its to bad he didnt have a couple hundred hours of shooting under his belt hunh?

THAT IS SOMETHING TO THINK ABOUT.


The whole "I'm better than y'all" thing is getting old. Two shitty examples of half ass burglar shooting years ago makes you a legal expert? Tactical Ninja please
Right now the only expert advice you can give is on being an administrator here, running the Advantage Group website and stippling some guns.