Jury now deliberating in James Menard trial

[rigel42]

http://www.naplesnews.com/news/2011/...-jake-couture/

This is a neat one for Friday afternoon. Jury is currently deliberating.
Synapses:
Group including shooter go to somebody's apartment to confront who he believes where responsible in a previous robbery. The expected argument happens and one of the residents produces a toy gun. Shooter (not the home owner or welcomed guest) shoots three kills one.

He already tried with the Stand Your Ground law, which didn't work. No he is trying for Self-Defense.

IMO, having a gun (toy or real) in your house is perfectly OK. An aggressor should not be able to shoot you just because you are armed. If he pointed the toy gun at Menard I can see it getting a little muddy, but I have to side with the home residents on this one. We'll see what the jury comes back with

[DefensiveCarry.com]

[mlr1m]

If I am reading this right the shooter and his buddies went looking for trouble.

Michael

[rigel42]

Guilty of Murder - Third Degree
http://www.naplesnews.com/news/2011/...-murder-third/

[Bark'n]

Guilty of Murder - Third Degree
http://www.naplesnews.com/news/2011/...-murder-third/

Like we didn't see that one coming. I remember the case. The guy came "looking for trouble", and had his posse with him.

It's hard to claim self defense when you go looking for a confrontation.

[Eagleks]

Here it is simple.... if the person in any way initiates the confrontation or encourages it to escalate, they cannot then use self - defense as an argument. Off to prison he goes.

I don't think he has any chance of getting off on this, he was the invader, who then killed the people inside the home he invaded.

[Bark'n]

Here it is simple.... if the person in any way initiates the confrontation or encourages it to escalate, they cannot then use self - defense as an argument. Off to prison he goes.

I don't think he has any chance of getting off on this, he was the invader, who then killed the people inside the home he invaded.

The shooting happened in the parking lot of an apartment complex. He never entered any structure or actual residence.

The intrusion charges stemmed from the fact that he climbed a fence to a "gated community" of which, he was not a resident of, nor was he invited.

Hence the armed trespass conviction. Still, the bottom line is he came looking for a confrontation and he found it. So, his self defense claims did not hold any weight with the jury.

[Eagleks]

The shooting happened in the parking lot of an apartment complex. He never entered any structure. The intrusion charges stemmed from the fact that he climbed a fence to a "gated community" of which, he was not a resident of, nor was he invited.

Hence the armed trespass conviction. Still, the bottom line is he came looking for a confrontation and he found it. So, his self defense claims did not hold any weight with the jury.

Yep. He was the aggressor in the situation and has no argument .... and he went with a weapon on him.

[Hiram25]

Not his best decision! Now he'll pay for it.

[rigel42]

Still, the bottom line is he came looking for a confrontation and he found it. So, his self defense claims did not hold any weight with the jury.

That's something to remember. It doesn't matter if you think you're justified, you still have to convince a jury.

[Eagleks]

We should call this ... "the OJ defense " .

[dukalmighty]

Here there is also a law that says if you escalate"tell the person you wanta kick my ass come on over,or you wouldn't say that to my face" and the guy shows up ready to fight and you shoot him,you are in trouble