This is a discussion on Lex boy jailed for alleged beating of home invader within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Originally Posted by joleary223 Sounds like the kid was allready on probation, so he's no angel to begin with and the kid or one of ...
The pendulum of the mind alternates between sense and nonsense, not between right and wrong.
Sounds to me like the perp got the butt whipping his parents should have given him a long time ago. Had they done that, the kid might have grown up to respect others and their property and live a decent life.
"It does not take a majority to prevail,,,,,,but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men." Samuel Adams
I suspect that there may be more to this story but I cannot fault someone for beating the crap out of a robber with his own gun. I am not for shooting them in the back while running away but pistol whipping with their own gun is a different story.
Although it might have felt right, when the guy started running away he appreared to no longer be a threat.
If it was me I would have said it appeared that he had another pistol and he was acting in a manner that suggested he was running for cover to draw his second suspected pistol.
Then again I wouldn't be on parol or probation to begin with.
In Colorado, if the guy that got a whoopin' managed to get the gun back and shoot the whooper, he probably would have walked.Colorado Revised Statutes
18-1-704. Use of physical force in defense of a person.
(1) Except as provided in subsections (2) and (3) of this section, a person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for that purpose.
(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:
(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or
(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or
(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.
(3) Notwithstanding the provisions of subsection (1) of this section, a person is not justified in using physical force if:
(a) With intent to cause bodily injury or death to another person, he provokes the use of unlawful physical force by that other person; or
(b) He is the initial aggressor; except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or
(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.
(4) In a case in which the defendant is not entitled to a jury instruction regarding self-defense as an affirmative defense, the court shall allow the defendant to present evidence, when relevant, that he or she was acting in self-defense. If the defendant presents evidence of self-defense, the court shall instruct the jury with a self-defense law instruction. The court shall instruct the jury that it may consider the evidence of self-defense in determining whether the defendant acted recklessly, with extreme indifference, or in a criminally negligent manner. However, the self-defense law instruction shall not be an affirmative defense instruction and the prosecuting attorney shall not have the burden of disproving self-defense. This section shall not apply to strict liability crimes.
I suspect that NE has a law similar to this, hence the charge of assault.
What happened to our peaceful state???? It just seems unreal anymore.
An ounce of lead is worth 200lbs of cop.
I agree Sleeper and I have a bad feeling when the Unicameral comes back there are going to be some changes, not for the greater good either. Personally, the guy got what he deserved, except I would have dragged his ass back in my house. I would also bet a dollar to a dime that the guy is an illegal.
The GG made the mistake of not shooting the BG while he was still in the house, lol. Instead of sitting there beating him with the gun and letting him get away, take it from him and shot him with it!
Are not "citizen arrests" legal there? The kid was just using whatever force that was needed to affect the detention of the perp. Brings to mind Rodney King.