Following someone home will get you killed

[Bounce]

Self defense statutes tend to have one common aspect: Once the threat has passed (the "offender" is moving away), there is no longer a case for SD.

"knowing him the way I know him, he'll blame himself the rest of his life for what happened."

And rightly so. He pulled the trigger at a guy that posed no clear and present danger. He was (at most) scary and cruising back and forth. If he got off his bike and attacked the father or girls in a manner that caused fear of "death or serious bodily harm", it would have been a different situation.

Who wants to bet who "initiated contact"?

 

[Scab]

Just looking at some Georgia law info obtained through the enema-net, this guy could be charged with 2nd degree murder or voluntary manslaughter.

We'll see.

Found on an enema-net site:

"Manslaughter: Voluntary

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder."

"Murder: Second degree

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter."

 

[keithaba]

"Mough intentionally ran into their car after they crossed the Oconee County line"

Yeahhhhh......... Cause every motorcyclist knows that when your pissed off at a cage, you simply run into them......

I mean, of course your 600 pounds of weight will run the car off the road.

 

[keithaba]

Wait, I think I've solved this case. It was self defense, after all, look at the motorcycle mow was riding!

 

[Fencer]

Wait, I think I've solved this case. It was self defense, after all, look at the motorcycle mow was riding!

Thats funny rigt there Keith.

I am gonna steal that from you :assassin:

 

[Randy]

Just looking at some Georgia law info obtained through the enema-net, this guy could be charged with 2nd degree murder or voluntary manslaughter.We'll see.

Found on an enema-net site:

"Manslaughter: Voluntary

Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder."

"Murder: Second degree

Second-degree murder is ordinarily defined as 1) an intentional killing that is not premeditated or planned, nor committed in a reasonable "heat of passion" or 2) a killing caused by dangerous conduct and the offender's obvious lack of concern for human life. Second-degree murder may best be viewed as the middle ground between first-degree murder and voluntary manslaughter."

Since he was standing at the end of the driveway with a gun, then it would seem obvious to me that he had planned to, or intended to, shoot him.

 

[brazos parker]

I'll go w/ MM2's theory of the case for now. I have never seen an incident where a motorcyclist "intentionally" ran his bike into a car to get their attention. I have, however, seen many "cut-offs" where car drivers, intentionally or accidentally, cut-off or move into a lane occupied by a motorcycle.

A shot in the back, to my layman's way of thinking, eliminates self-defense as a justification. I guesing murder II or man 1 is gonna get the dad a long stay in the "Graybar Hotel."

 

[Scab]

Since he was standing at the end of the driveway with a gun, then it would seem obvious to me that he had planned to, or intended to, shoot him.

Brings up a good question. Just how much time has to pass to consider the action planned or premeditated?

 

[AStar]

I guess they ain't got 9-1-1 in Georgia. I s'pose yew orta call yer daddy but not bother to call the cops on yer cell phone and tell them yew er bein follered soes the poe-licemens kin dew sum 'vestigational stuff. Uh coarse, ther mite bee sum trubble iffin yew wuz causin tuh trubble wit the boy en thuh furst playce, lyke maybe cuts him off. But daddy, welll he'll believe yer story en rescue yuh. That'll teech them murdercylers tuh mess with his gurls yung laidies.
Doh!

It hurts my head trying to read what you have written.

 

[jwilly]

As posted on a local motorcycle forum:

FenixSolen's (Bryan) funeral will be this Saturday (3/1) at Noon.The address is:

Carter Funeral Home

265 Hwy 211

Winder, GA 30680

770-867-1361

I suggest as many of us as possible show our support of this young man. In that regard, I ask the honor of your presence to accompany me in a ride to the funeral home. I would like to meet anyone willing at the BP 85 and Plesant Hill at 1045am and will be leaving at 11:15 am SHARP to go to Winder.

I will be leaving Cumming at 10:15am. Anyone wanting to join me to ride form Cumming, please meet me at the BP Gas Station at 400 and Exit 12 (12B if travelling north on 400).

I will be riding regardless of the weather. I understand that there was a thread started on GSB to do just this but for those of us who are not members there, I thought I would post here.

Many of us did not know this young man other than here on the forum. However, I beg of you, if you have the time, please join me to show our support. If nothing else, show your distain for what was done to him by your presence.

 

[Scab]

I guess they ain't got 9-1-1 in Georgia. I s'pose yew orta call yer daddy but not bother to call the cops on yer cell phone and tell them yew er bein follered soes the poe-licemens kin dew sum 'vestigational stuff. Uh coarse, ther mite bee sum trubble iffin yew wuz causin tuh trubble wit the boy en thuh furst playce, lyke maybe cuts him off. But daddy, welll he'll believe yer story en rescue yuh. That'll teech them murdercylers tuh mess with his gurls yung laidies.
Doh!

It hurts my head trying to read what you have written.

Shhhhhh, he'll hear you. He's special.

 

[Bustanut joker]

Little off track here but in the same vein.

How many times have we read here how, I wuz gonna follow that asswipe home and boot his ass? It ain't worth it.

Get a plate number and hope the legal system works for ya.

This is sad

:jester:

 

[FJRay]

I guess they ain't got 9-1-1 in Georgia. I s'pose yew orta call yer daddy but not bother to call the cops on yer cell phone and tell them yew er bein follered soes the poe-licemens kin dew sum 'vestigational stuff. Uh coarse, ther mite bee sum trubble iffin yew wuz causin tuh trubble wit the boy en thuh furst playce, lyke maybe cuts him off. But daddy, welll he'll believe yer story en rescue yuh. That'll teech them murdercylers tuh mess with his gurls yung laidies.
Doh!

It hurts my head trying to read what you have written.

Shhhhhh, he'll hear you. He's special.

You would think that now that he is back to work and off the drugs he would get back to speaking english. Maybe that KLR I sold him had some bad germs that rubbed of on him in the crash.

 

[Randy]

Since he was standing at the end of the driveway with a gun, then it would seem obvious to me that he had planned to, or intended to, shoot him.

Brings up a good question. Just how much time has to pass to consider the action planned or premeditated?

If he has a conceal/carry permit, he could argue that he had it on his person and he only pulled it out when he felt he was in danger. If not, then he would have had to find it and bring it with him and he wouldn't have done that unless he was planning on shooting him.

If he would have shot him in the chest, he could have argued that the rider was coming at him and he was defending himself. The shooting in the back is gonna be tough to fight. Unless the rider was doing burnouts and throwing stones at him, you don't defend yourself from someone that is riding away from you.

 

[exskibum]

Since he was standing at the end of the driveway with a gun, then it would seem obvious to me that he had planned to, or intended to, shoot him.

Brings up a good question. Just how much time has to pass to consider the action planned or premeditated?

If he has a conceal/carry permit, he could argue that he had it on his person and he only pulled it out when he felt he was in danger. If not, then he would have had to find it and bring it with him and he wouldn't have done that unless he was planning on shooting him.

If he would have shot him in the chest, he could have argued that the rider was coming at him and he was defending himself. The shooting in the back is gonna be tough to fight. Unless the rider was doing burnouts and throwing stones at him, you don't defend yourself from someone that is riding away from you.

No set time -- it's up to the jury based upon all the evidence presented on the issue of intent and premeditation. Chances are his lawyer will argue that he got the call from daughters and went out front with gun just in case. What he did, and how much time elapsed upon seeing daughters and motorcyclist is where it will get interesting, but ike you guys, I'm not seeing a complete defense based upon defense of self or of others. What I see is a case that is likely to be about whether it was murder or manslaughter.

 

[Toecutter]

I guess they ain't got 9-1-1 in Georgia. I s'pose yew orta call yer daddy but not bother to call the cops on yer cell phone and tell them yew er bein follered soes the poe-licemens kin dew sum 'vestigational stuff. Uh coarse, ther mite bee sum trubble iffin yew wuz causin tuh trubble wit the boy en thuh furst playce, lyke maybe cuts him off. But daddy, welll he'll believe yer story en rescue yuh. That'll teech them murdercylers tuh mess with his gurls yung laidies.
Doh!

It hurts my head trying to read what you have written.

I gave up trying long ago. I'm sure it's always something funny, so I chuckle, and move on....

 

[madmike2]

I guess they ain't got 9-1-1 in Georgia. I s'pose yew orta call yer daddy but not bother to call the cops on yer cell phone and tell them yew er bein follered soes the poe-licemens kin dew sum 'vestigational stuff. Uh coarse, ther mite bee sum trubble iffin yew wuz causin tuh trubble wit the boy en thuh furst playce, lyke maybe cuts him off. But daddy, welll he'll believe yer story en rescue yuh. That'll teech them murdercylers tuh mess with his gurls yung laidies.
Doh!

It hurts my head trying to read what you have written.

Shhhhhh, he'll hear you. He's special.

My dear Scab, that'd bee "speshul"!

Since the undereducated masses were taught neither phonetics nor phonics during their school years (and have little imagination...think Deputy Festus Haggin on "Gunsmoke"):

[SIZE=8pt]I guess they haven't extended 9-1-1 into Georgia. I suppose you should call your dad but not bother to call the local police department on your cell phone to tell them you are being followed or chased so the police could intervene and do their own investigation of "the facts". Of course, there might be some trouble IF you (young ladies) were the cause of the problems in the first place (like perhaps you "cut HIM off"). But, your dad will believe your story and rescue you. That will teach any motorcyclists to mess with his girls young ladies. [/SIZE]

How much easier it would have been if the 'cyclist had licked his finger and written their license number on his fuel tank, then stopped at a pay phone and called 9-1-1. IF the girls had, in fact, struck his bike, they are guilty of hit-and-run. Should this scenario be proven by the police (who knows what "evidence" they have, from marks on the car, etc.), they are STILL guilty of hit-and-run, in my state they are also guilty of "road rage" by their admission of giving him "hand signals", and it appears to me they "led" him into a fatal trap, having called their dad to be waiting with a weapon.

 

[jwilly]

Stopped at a pay phone! Now thats some funny $hit right there! And you think Georgia is behind the times?

JW

 

[Bustanut joker]

Stopped at a pay phone! Now thats some funny $hit right there! And you think Georgia is behind the times?
JW

Really Mike, It's 199... er 2008, git with the program

:jester:

 

[madmike2]

Well, we on the left coast still have "pay phones" for public use. I assumed other states also had them.

Okay...he could have stopped and used his cell phone.....or pulled into a business and had someone call...

WHATEVER.....