Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Site Notices
Page / 3
Next Page Arrow Left
Link Posted: 11/28/2014 6:38:05 PM EDT
[#1]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What would you have charged him with?  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Cop or not,aggravated assault seems light to me for randomly shooting someone and almost killing them.

Will he even get jail time if he has a clean record?What are the penalties?
What would you have charged him with?  




I was thinking attempted murder,but posts above have ruled that out.

I've seen aggravated assault cases here from bar fights where only fists were used.To me,shooting kicks it up a notch.
Link Posted: 11/28/2014 6:40:05 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lack of intent.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Wow,only aggravated assault?

Right? How is this not attempted murder?
Lack of intent.  




If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
Link Posted: 11/28/2014 6:45:59 PM EDT
[#3]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:


Quoted:

Wow,only aggravated assault?


Right? How is this not attempted murder?
Lack of intent.  

If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
Even if it's aimed at your foot? Intent is a bitch to prove, but there are some circumstances where everyone realizes death was the likeliest result.

 
Link Posted: 11/28/2014 6:51:56 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Even if it's aimed at your foot? Intent is a bitch to prove, but there are some circumstances where everyone realizes death was the likeliest result.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Wow,only aggravated assault?

Right? How is this not attempted murder?
Lack of intent.  




If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
Even if it's aimed at your foot? Intent is a bitch to prove, but there are some circumstances where everyone realizes death was the likeliest result.  



Well,if he's aiming at my foot he probably just wants me to dance............just don't shoot at my mules feet unless you are ready with an apology.
Link Posted: 11/28/2014 7:00:49 PM EDT
[#5]
If only men could convince women that the altmate insult is to flash their tits at us.
Link Posted: 11/28/2014 7:05:01 PM EDT
[#6]
Did you see that woman? She looks like Hulk Hogan for God's sake.
Link Posted: 11/28/2014 7:06:52 PM EDT
[#7]


Discussion ForumsJump to Quoted PostQuote History
Quoted:
I was thinking attempted murder,but posts above have ruled that out.





I've seen aggravated assault cases here from bar fights where only fists were used.To me,shooting kicks it up a notch.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:





Quoted:




Quoted:


Cop or not,aggravated assault seems light to me for randomly shooting someone and almost killing them.





Will he even get jail time if he has a clean record?What are the penalties?
What would you have charged him with?  

I was thinking attempted murder,but posts above have ruled that out.





I've seen aggravated assault cases here from bar fights where only fists were used.To me,shooting kicks it up a notch.


I kinda have to agree with that.



Terms seems to vary widely from state to state.
Link Posted: 11/28/2014 7:10:49 PM EDT
[#8]
Isolated incident
Link Posted: 11/28/2014 7:13:27 PM EDT
[#9]
There has to be more to the story.  She must have done something that justified deadly force, but yet isn't illegal so there were no charges.

Link Posted: 11/28/2014 7:14:18 PM EDT
[#10]
I saw a guy post on another website that claimed he went to the academy with this guy. He said the dude was crazy.

Of course it is the internet so......but, the guy that posted it did post it with what appeared to be a real Facebook account.
Link Posted: 11/28/2014 7:16:18 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Isolated incident
View Quote



Actually I would say it is.  

Don't know that I've seen any cops shooting people in road rages before.
Link Posted: 11/28/2014 7:17:15 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Right? How is this not attempted murder?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Wow,only aggravated assault?

Right? How is this not attempted murder?


Shoot to graze only. If he wanted her dead, she'd be dead, rest my case.
Link Posted: 11/28/2014 7:27:33 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I kinda have to agree with that.

Terms seems to vary widely from state to state.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Cop or not,aggravated assault seems light to me for randomly shooting someone and almost killing them.

Will he even get jail time if he has a clean record?What are the penalties?
What would you have charged him with?  




I was thinking attempted murder,but posts above have ruled that out.

I've seen aggravated assault cases here from bar fights where only fists were used.To me,shooting kicks it up a notch.
I kinda have to agree with that.

Terms seems to vary widely from state to state.



So what would it be there?
Link Posted: 11/28/2014 7:35:31 PM EDT
[#14]

Discussion ForumsJump to Quoted PostQuote History
Quoted:



So what would it be there?

View Quote
http://codes.lp.findlaw.com/alcode/13A/4/13A-4-2



 



Class A Felony.
Link Posted: 11/28/2014 7:36:44 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Actually I would say it is.  

Don't know that I've seen any cops shooting people in road rages before.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Isolated incident



Actually I would say it is.  

Don't know that I've seen any cops shooting people in road rages before.


http://www.wbaltv.com/news/accused-nj-cop-takes-stand-in-road-rage-murder-trial/27147752

http://nypost.com/2014/10/30/retired-nypd-cop-charged-in-fatal-road-rage-incident/

http://www.wusa9.com/story/news/local/maryland/2014/07/29/jury-deliberating-racially-charged-police-road-rage-case/13333997/

Link Posted: 11/28/2014 7:40:57 PM EDT
[#16]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
That I cannot answer. In Michigan reserve Officers and Deputies are not certified Police officers.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:

RESERVE Deputy.





NOT a Police Officer. He's a volunteer. Someone that donates money and waves to kids at parades while wearing a Police uniform. Most of the time they are want-to-be cops that couldn't make it for some reason, and this story sums that up nicely.




He is or was a certified peace officer of the State of




That I cannot answer. In Michigan reserve Officers and Deputies are not certified Police officers.
So, open your trap and tell us how its done by you geniuses' in MI. In GA. We go to the state law enforcement academy with the paid law enforcement personnel and are certified.

 
Some of us feel we owe a debt for living in our country and communities. Some of us give our time as a volunteer to pay back our debt since we didn't get to fly helicopters in the army.




But really, how do you do it in MI.
Link Posted: 11/28/2014 7:41:12 PM EDT
[#17]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:


Quoted:

Wow,only aggravated assault?


Right? How is this not attempted murder?
Lack of intent.  

If someone points a gun at me and pulls the trigger,I'm guessing his intent is to kill me.
Don't forget that this is the same DA's area who used to prosecute people carrying handguns in their car even after the legislature clarified the statute to prevent this sort of prosecution....I'm sure they could pull an indictment for attempted murder if this case made their ass itch.  



 
Link Posted: 11/28/2014 7:51:23 PM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Lack of intent.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Wow,only aggravated assault?

Right? How is this not attempted murder?
Lack of intent.  

So actually shooting at someone doesn't necessary mean intent to kill, but reaching for one's waistband in a furtive manner can.
Link Posted: 11/28/2014 8:07:13 PM EDT
[#19]

Discussion ForumsJump to Quoted PostQuote History
Quoted:





So actually shooting at someone doesn't necessary mean intent to kill, but reaching for one's waistband in a furtive manner can.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:


Quoted:


Quoted:

Wow,only aggravated assault?


Right? How is this not attempted murder?
Lack of intent.  


So actually shooting at someone doesn't necessary mean intent to kill, but reaching for one's waistband in a furtive manner can.




 
It's actually not hard to figure out.




The penal codes are for the purposes of prosecution after the fact.




Had the woman pulled her gun and killed the deputy, she would have been justified.






Link Posted: 11/28/2014 8:07:23 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So actually shooting at someone doesn't necessary mean intent to kill....
View Quote

ADA told my buddy that after his shootout.
Link Posted: 11/28/2014 8:22:54 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

ADA told my buddy that after his shootout.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So actually shooting at someone doesn't necessary mean intent to kill....

ADA told my buddy that after his shootout.

I should have specified in reality, not bizarro world.  
Link Posted: 11/28/2014 8:25:00 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
  It's actually not hard to figure out.

The penal codes are for the purposes of prosecution after the fact.

Had the woman pulled her gun and killed the deputy, she would have been justified.
View Quote


I would still think that using lethal force on the other person would pretty much imply that the goal is to kill them.
Link Posted: 11/28/2014 8:45:56 PM EDT
[#23]
I fucking hate honkers!!!!!!





Good shoot





 
Link Posted: 11/28/2014 8:46:26 PM EDT
[#24]


Discussion ForumsJump to Quoted PostQuote History
Quoted:
I would still think that using lethal force on the other person would pretty much imply that the goal is to kill them.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:





Quoted:


  It's actually not hard to figure out.





The penal codes are for the purposes of prosecution after the fact.





Had the woman pulled her gun and killed the deputy, she would have been justified.








I would still think that using lethal force on the other person would pretty much imply that the goal is to kill them.





 

No. My goal in a self defense situation is to stop the threat. It comes down to intent.







The problem is that the only one who knows the true intent is the person committing the action. Since we don't know, the law defaults to the lowest possible intent, unless proven otherwise.







I think this is a good way to do it. YMMV











 
Link Posted: 11/28/2014 8:52:51 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

  No. My goal in a self defense situation is to stop the threat. It comes down to intent.

The problem is that the only one who knows the true intent is the person committing the action. Since we don't know, the law defaults to the lowest possible intent, unless proven otherwise.

I think this is a good way to do it. YMMV


 
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
  It's actually not hard to figure out.

The penal codes are for the purposes of prosecution after the fact.

Had the woman pulled her gun and killed the deputy, she would have been justified.


I would still think that using lethal force on the other person would pretty much imply that the goal is to kill them.

  No. My goal in a self defense situation is to stop the threat. It comes down to intent.

The problem is that the only one who knows the true intent is the person committing the action. Since we don't know, the law defaults to the lowest possible intent, unless proven otherwise.

I think this is a good way to do it. YMMV


 

It probably is the smart choice, especially if beavo451 is correct in his assessment about them being the same penalty.  I just would think that it wouldn't be a hard sell that you were trying to kill someone that you shot in the head.
Link Posted: 11/28/2014 9:01:25 PM EDT
[#26]

Discussion ForumsJump to Quoted PostQuote History
Quoted:

It probably is the smart choice, especially if beavo451 is correct in his assessment about them being the same penalty.  I just would think that it wouldn't be a hard sell that you were trying to kill someone that you shot in the head.
View Quote
Maybe, if he meant to shoot here there.

 





Link Posted: 11/28/2014 9:06:52 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
View Quote


This
Link Posted: 11/28/2014 9:10:26 PM EDT
[#28]
She should get to take a shot at him in return.
Link Posted: 11/28/2014 9:31:57 PM EDT
[#29]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


She should get to take a shot at him in return.
View Quote
She should have been armed, and killed him RFT.

 
Link Posted: 11/28/2014 9:38:09 PM EDT
[#30]
In LA he would have emptied several magazines.  Her injuries might not have been any worse though.

Link Posted: 11/28/2014 11:34:34 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:  It probably is the smart choice, especially if beavo451 is correct in his assessment about them being the same penalty.  I just would think that it wouldn't be a hard sell that you were trying to kill someone that you shot in the head.
View Quote


You can correct me if I'm wrong, but for murder in Texas you have to prove preparation.  If it's a spur of the moment deal, it's manslaughter.  If he had killed her, it would've been manslaughter.
Link Posted: 11/29/2014 10:25:07 AM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


You can correct me if I'm wrong, but for murder in Texas you have to prove preparation.  If it's a spur of the moment deal, it's manslaughter.  If he had killed her, it would've been manslaughter.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:  It probably is the smart choice, especially if beavo451 is correct in his assessment about them being the same penalty.  I just would think that it wouldn't be a hard sell that you were trying to kill someone that you shot in the head.


You can correct me if I'm wrong, but for murder in Texas you have to prove preparation.  If it's a spur of the moment deal, it's manslaughter.  If he had killed her, it would've been manslaughter.


Not according to the penal code. Just need to prove culpability. Some DAs may require more, though, to charge somebody. Just this past week, Mesquite charged a driver with Murder after he killed a person in a crash during a chase.
Page / 3
Next Page Arrow Left
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top