I got a settlement this year, and the government took more than my lawyer. That's pretty sad.
I realized how far we went OT after my last post. Whoops.
So, back to the topic....
It seems that if you went to a home that the owner shot a BG busting in, and the owner in all the confusion forgot to hide his personal dime bag before you got there. Would you ignore it? Charge him for possession? At what point would you think that the weed played a part in the crime?
Since the shooter apparently possessed distribution quantities of weed , the possibility of the guys breaking in were after it is considerable. This is not a probably a PD call, but the Prosecutors office.
This is one of those cases where there is no answere that will be correct in everyone's mind and probably in no one's mind before it is over. I see all sides and really can't decide. To throw another scenario in what if someone knocks on your door at 3am and you shoot through the door killing him. Some are going to say that it falls under the castle doctrine and justifiable but that is questionable if you never checked to see who was at the door. But it turned out that it was someone who robbed you of your TV a few nights before that had a change of heart and was trying to return it. That could get very messy.
Since both robbery and possesion of 'for sale' amounts of pot are felonies, all parties involved are at least guilty of the use of a firearm in the commission of a felony.
I think he has every right to defend himself, just not with a firearm. As it appears he had distribution quantity of marijuanna in his home, and he was in his home at the time of the incident, he was committing a felony just by sitting there picking his nose. Now we have him posessing a firearm while committing that felony which in most states is another charge plus you can throw in the federal stuff to boot. He should have just whacked the guy with an axe!
Was the house in the ghetto, or a nice neighborhood?
We are focusing so much on the marijuana (just like the media wants us to) that we are probably missing a great deal. Is there a medical marijuana law where this guy lived? Is he a provider? Was it marijuana or hemp (BIG difference)?
The guy has been robbed several times in the past and evidently the cops have done nothing, yet he reported knowing he has the farm? Is the farm a new thing? Did the cops know about the farm and did nothing about the robberies, because they could not do anything about the farm?
All we have here is the media spin on the matter, and we are playing right into their hands.