I think he's dead

Started by gcode, January 07, 2023, 04:10 PM

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Matthew Hajicek

Quote from: mowens on January 09, 2023, 01:31 PMHere is the take from the guys at Active Self Protection. You will have to click the button to show it on youtube. They say that he opened himself up to legal consequences since he had picked up the gun when he shot the perp in the head. They say it depends on the prosecutor but think he will be okay.

Yep, as they said in that video, the threat had ended when he fired that last shot.  By picking up the gun, he knew there was no more threat.

MIL-TFP-41

Quote from: Matthew Hajicek on January 09, 2023, 02:14 PMYep, as they said in that video, the threat had ended when he fired that last shot.  By picking up the gun, he knew there was no more threat.
Lets say you are correct, that he wasn't a threat at that point. What would the penalty be for shooting a corpse in Texas?
It would be easy to make the argument that the body flinched as he was picking up the perpetrators weapon. What if he had a knife? Given the circumstances, another shot is justified.
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Matthew Hajicek

Quote from: Incogneeto on January 08, 2023, 01:10 PMQuite simply said.

Matt you workin in the garage makin parts.

You're Wife and Kids head to the local Taqueria and they gonna bring you back some Birria Tacos.

They there when Bonzo walks in and strips your wife of cash.

and points a gun at your Kids.

Please Please tell me your perspective.???

I'm Listening?? ::)

Well, she watched the video, and told me what she would have done.  She would have taken the first four shots, and then stopped, keeping her weapon trained on the badguy in case he became a threat again.  I think the second four shots could be excused in the heat of the moment; she disagrees with me and thinks those shots were murder, and especially the last one.

Matthew Hajicek

Quote from: MIL-TFP-41 on January 09, 2023, 02:20 PMLets say you are correct, that he wasn't a threat at that point. What would the penalty be for shooting a corpse in Texas?
It would be easy to make the argument that the body flinched as he was picking up the perpetrators weapon. What if he had a knife? Given the circumstances, another shot is justified.

I've already covered most of that, but in case you missed it, the fact that he MIGHT have had another weapon is irrelevant; that's not an imminent threat.  If he twitched, that's irrelevant, that's not an imminent threat.  If his gun were still on the floor, and he reached for it, THAT would have justified another shot, but our defender had already picked up the gun, removing all KNOWN weapons from the crook's reach.  There was no reasonable immanent threat during that last shot.  You guys are really reaching because you WANT this guy to be a hero.

As to the shooting a corpse, it will be up to the medical examiner to determine which shot or shots were the cause of death.  It has been well established in law and precedent that expediting the death is illegal.  If the medical examiner thinks the guy was not legally dead at the time of that last shot, then that shot was technically murder.

But like I've said twice now, they'll probably let this one slide given the totality of the circumstances.

Incogneeto

Quote from: Matthew Hajicek on January 09, 2023, 02:30 PMI've already covered most of that, but in case you missed it, the fact that he MIGHT have had another weapon is irrelevant; that's not an imminent threat.  If he twitched, that's irrelevant, that's not an imminent threat.  If his gun were still on the floor, and he reached for it, THAT would have justified another shot, but our defender had already picked up the gun, removing all KNOWN weapons from the crook's reach.  There was no reasonable immanent threat during that last shot.  You guys are really reaching because you WANT this guy to be a hero.

As to the shooting a corpse, it will be up to the medical examiner to determine which shot or shots were the cause of death.  It has been well established in law and precedent that expediting the death is illegal.  If the medical examiner thinks the guy was not legally dead at the time of that last shot, then that shot was technically murder.

But like I've said twice now, they'll probably let this one slide given the totality of the circumstances.

Bwahaha you are such a good attorney,

Minnesota law possibly, Texas Law... Not likely and I doubt you are versed in both.

Your opinion is just that, your opinion.

I was not there. only watched the video.

That is as far as I can go. and I stated my view of it.

On the other hand you are trying to convince me .you know more about it. ;D


If I ever need a Lawyer, you will be 15th on my list. ;D

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Matthew Hajicek

#50
Quote from: Incogneeto on January 09, 2023, 03:00 PMBwahaha you are such a good attorney,

Minnesota law possibly, Texas Law... Not likely and I doubt you are versed in both.

Your opinion is just that, your opinion.

I was not there. only watched the video.

That is as far as I can go. and I stated my view of it.

On the other hand you are trying to convince me .you know more about it. ;D


If I ever need a Lawyer, you will be 15th on my list. ;D



You don't even know what "Shoot to stop the threat" means.  Have you even had 15 minutes of training?

Matthew Hajicek

#51
Maybe Massad Ayoob has enough training for you?



And yes, that Amber Guyger incident he talks about was in Texas.

Incogneeto

Quote from: Matthew Hajicek on January 09, 2023, 03:18 PMYou don't even know what "Shoot to end the threat" means.  Have you even had 15 minutes of training?

Nope I watch your Police videos in Minnesota where they unloaded 18 to 62 rounds into a knife wielding suspect.

It's called a Standing DOA.

This guy just had a little more Patience.

He let him lie down first.

I would give a deer hit on the road the same Courtesy.

And you are correct. I would shoot to kill.

How many years extra would I get for Pissing on him too. 8) 

Incogneeto

Quote from: Matthew Hajicek on January 09, 2023, 03:18 PMYou don't even know what "Shoot to stop the threat" means.  Have you even had 15 minutes of training?

To be completely honest.

You spend untold time condemning LEO and when a Citizen exerts his second amendment Right in proper fashion.

You spend your time analyzing his response.

I would just buy the Guy all the Tacos he wants.

It's called Anal.

Did you see the guy sitting across from him who didn't Blink??

Matthew Hajicek

Quote from: Incogneeto on January 09, 2023, 03:31 PMNope I watch your Police videos in Minnesota where they unloaded 18 to 62 rounds into a knife wielding suspect.

It's called a Standing DOA.

This guy just had a little more Patience.

He let him lie down first.

I would give a deer hit on the road the same Courtesy.

And you are correct. I would shoot to kill.

How many years extra would I get for Pissing on him too. 8)

Better hope the prosecution doesn't have access to this forum if you ever have to shoot; you just admitted guilt.

Matthew Hajicek

Quote from: Incogneeto on January 09, 2023, 03:44 PMDid you see the guy sitting across from him who didn't Blink??

You mean the guy I pointed out as being in the line of fire?  Yes, I saw him.  He got lucky.

Matthew Hajicek

Quote from: Incogneeto on January 09, 2023, 03:44 PMIt's called Anal.

I don't try to pass off parts that are out of tolerance either.  You machine parts to print, you have to be anal about getting it right.  You shoot someone in self defense, you have to be anal about getting it right.
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Incogneeto

Quote from: Matthew Hajicek on January 09, 2023, 03:46 PMYou mean the guy I pointed out as being in the line of fire?  Yes, I saw him.  He got lucky.

No, The two he robbed first were in the line of fire. ???? did you even watch this??

The friend he was with didn't move .He was not in the line of fire.

Incogneeto

Quote from: Matthew Hajicek on January 09, 2023, 03:49 PMI don't try to pass off parts that are out of tolerance either.  You machine parts to print, you have to be anal about getting it right.  You shoot someone in self defense, you have to be anal about getting it right.

Nope you just have to be the one walking out alive.

I can splain later.

Matthew Hajicek

Quote from: Incogneeto on January 09, 2023, 03:50 PMNo, The two he robbed first were in the line of fire. ???? did you even watch this??

The friend he was with didn't move .He was not in the line of fire.

Maybe you're blind.  There was a guy directly in the line of fire, sitting alone in the far corner of the room.  Draw a line from the defender, through the crook, across the room, there's the guy who's lucky to be alive.