Trick or Treat: Man defends family, kills 12 year-old on Hallowe'en

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Baron Max said:

Tiassa, I'm not trying to justify his actions ...what he did was wrong, plain and simple. But it wasn't first degree/premeditated murder.

I'll look into South Carolina's murder statute later, but the police chief apparently intends to recommend the death penalty. Whether prosecutors will follow that route is not yet known. However, if the event was so blatant as news reports might lead us to believe, and considering that Mr. Patrick possessed the firearm illegally, it might be that premeditation is not required for the first degree; murder with aggravating circumstances may suffice.

The man claimed that he was scared that it was someone out to get him/to kill him. He took what action he thought was necessary for him to stay alive. Was it wrong? Sure, but that didn't stop him from doing it. So you can keep condemning him for it for as long as you want, but it doens't change anything.

I condemn the stupidity of the act. Whether it is a crime, or even a capital crime, is left to the laws of South Carolina and the jury.

But that doesn't matter, Tiassa. He wasn't using YOUR brain to analyze the situation, he was using his own! He was scared, he thought it was the bad guys, so he shot the shit outta' the place. Was he wrong? Sure, but that don't bring back the kid, and it don't change nothin'.

Max, it's not just a matter of my brain or his. Some analyses are plainly wrong. If Grinnell is accurate, for instance, and Mr. Patrick realized he'd made a mistake as soon as he'd opened the door, then we might conclude—at least until he or his attorney argue otherwise—that he had no idea who he was shooting at. In such a case, I would suggest that ringing a doorbell is not reasonably described as a threat worthy of death.

Now here's a problem. Mr. Patrick's girlfriend was arrested for obstruction of justice—she allegedly gave false statements to the police—and $7,500 was confiscated. If it turns out, theoretically, that the money, which police regard as somehow suspicious, came from some sort of nefarious activity (e.g., a drug deal) and Patrick suspected his business associates might be coming after him, that's not going to sit well with a jury.

Was he specifically expecting someone trying to do him harm? There's a big question mark we don't have an answer to yet. And that might explain why a likely undereducated convicted felon apparently opened fire upon hearing his doorbell ring on Hallowe'en.

He used what he thought was true to make his decisions ...he didn't try to call you to assist him in deciding what to do. Was he wrong? Sure, but that don't change anything ...and it don't bring back the kid. Don't matter. It's what HE thought, Tiassa, not what YOU think.

One effect of this point is that one need not have a reason to think they are under threat; they merely need to say afterward, "I was frightened", and then they can shoot whomever they wish for whatever reason. Or no reason at all.

This is neither reasonable nor responsible. And therein lies the question Mr. Patrick must answer.

Yes, that's somewhat reasonable.

Somewhat reasonable?

Okay, how?

But that's not what he did, Tiassa.

So what did he do? Hear the doorbell ring and look out the peephole, make a rational decision according to limited information, and then open fire? It took all of a few seconds at most, according to the information we have available to us. What, was he camping behind his front door?

Like you and me, he's was free to make his own decisions, and he did so. Was he right? No, but that don't bring back the little kid.

You keep accentuating that it won't bring back the kid. Life goes on, Max, except for the dead. But there are also considerations that some people—e.g. police and prosecutors—have to make for the future. They feel this man committed a crime. Should they just throw up their hands and walk away? Should they say, "We think this man is dangerous, but arresting and convicting him won't bring back the kid, so who cares?"

You make your decisions based on your own evaluation of the sitaution you're facing. I do the same. That guy did the same ...and he fucked up his decision and is now going to prison for it.

He might not. Attempting to ask directions has been considered by a jury reasonable grounds for shooting someone to death through a closed door. If he gets a good lawyer, he might be able to convince the jury of exactly what you're arguing.

Are you permitted to belittle members of the forums like that, Tiassa? Oh, wait, you're a moderator ...you can do anything, but you force others to tow the line or they get banned, right? How does that power feel, Tiassa? Is it going to your head?

So complain to Madanthonywayne. Or Stryder. Or Plazma. (I'm under the impression you're not a fan of Asguard, String, or James at present.)

But what do you find insulting? That I find your egotism—which results in many curious twisted and presumptuous leaps in order to express hostility—bloated and inflamed? Or that sometimes we have childish, bullshit arguments? In the case of the former, I'll merely point out that even recently you've been pissing and moaning about my regard for the police, even though you have yet to explain your absurd comparison of a police officer to a black man; and I might chuckle and recall your more recent tantrums, as well. Indeed, if you ever get around to making your case regarding the "injustice" of the last couple weeks, you'll only lend weight to my point. As to the latter, well, when you want to focus on me instead of the general discussion, I do find that childish. And when I entertain it, there's not really much to serve up except bullshit. Unless, of course, you want to make a substantial case.
 
However, if the event was so blatant as news reports might lead us to believe, and considering that Mr. Patrick possessed the firearm illegally, it might be that premeditation is not required for the first degree; murder with aggravating circumstances may suffice.

Most states make killing another in the commission of a felony (in this case at least an ex con in possession of a restricted firearm) a capital crime. The premeditation is if you just commit murder. There would seem to be several felonies involved here and several aggravating circumstances (like the use of unreasonable force, the involvement of a minor, possible other illegal activites involving drugs).

One effect of this point is that one need not have a reason to think they are under threat; they merely need to say afterward, "I was frightened", and then they can shoot whomever they wish for whatever reason. Or no reason at all.

Most places require some standard of clear and present danger, forcing your way into their home, assaulting them, threatening assault with a deadly weapon, i.e. circumstances where a reasonable person would fear for their person. Even Texas frowns on people mowing others down for no good reason.

I would guess he gets a public defender who is going to not be highly motivated to get him free.

FYI, the lesson of the girlfriend - KEEP YOUR BIG MOUTH SHUT. You can't get in more trouble than you are for saying "I've nothing to say until I talk with a lawyer."

No matter what the circumstances, if shit is going down, don't lie, don't tell the truth, don't open your mouth. YOU HAVE THE RIGHT TO REMAIN SILENT. STFU.
 
It makes you a mamby-pamby, bleeding-heart liberal ....because you want to take away the rights of others just because YOU don't like something.



It just proves that you have some other agenda besides saving lives. And just so you know, that also makes you a mamby-pamby, bleeding-heart liberal.

Baron Max

Well here's the funny thing. In my country I don't have the 'right' to bear arms. In fact the 'right' as I see it is the ability to walk around not having to worry that I'm going to bump into some gun toting noob having a bad hair day and reaching for a piece cos someone else stood on his/her toe.

Oh but what would somebody fighting for the right to bear arms in my country be? A namby pamby bleeding heart liberal trying to take away my freedom? Aw gee I guess this freedom business ain't so clear cut huh? Guess it all depends on your perspective and interpretation.
 
In fact the 'right' as I see it is the ability to walk around not having to worry that I'm going to bump into some gun toting noob having a bad hair day and reaching for a piece cos someone else stood on his/her toe.

True but then again they could just whip out there dagger and stab you in your heart! ;)
 
They'd have to find my heart first of course and in the course of stabbing me they couldn't take another five or so down within a matter of seconds like someone with a loaded pistol or even more with a semi automatic.....

Attacks via knife, though just as tragic for victims and their families, tend to claim just one or two victims at most. Not many people have manage kill and wound multiple victims with a solitary knife.....
 
Well here's the funny thing. In my country I don't have the 'right' to bear arms.

Yeah, and I believe the same thing happened in Germany in the 30's didn't it?

Aw gee I guess this freedom business ain't so clear cut huh? Guess it all depends on your perspective and interpretation.

Yep, ye're right ...and that's what Germans thought in the 1930s. Who needs a gun when those benevolent leaders will protect you from all those "gun toting noobs"? Hmm? Oh, wait, perhaps from your perspective, the Gestapo were just trying to protect people, right?

Yep, perspective is an interesting thing. With a different perspective, anything can be made to appear okay and perfectly benevolent.

Baron Max
 
Well forgive me for thinking that my community is a better place for not having gun toting noobs. In some areas sadly there are a few criminals who possess guns usually of the young variety who are lead by idiots, to believe that the possession of a deadly weapon is somehow manly and cool. Guns are not manly and cool they are weapons of destruction; sometimes mass destruction. A gun may be owned legally by applying to the local police for a certificate but lots of security checks needed before such a licence is granted and only certain calibre weapons (mostly air guns and shotguns) are allowed.

Conditions here are not the same as they were 70 years ago in Germany. But just out of interest the facists (known as blackshirts) tried to take a hold here too in the 1930s but one of them ended up floating down the river face down (without any shots being fired) and a few others were thrown in jail. Thus ended their little campaign of terror. However had they had the right to bear arms well we might now all be blackshirts sitting with Hitler's grandchildren under the swastika.

If my country needs to be defended the government has a mandate to do so. If it starts fixing to turn it's weapons on its own citizens well be assured we'll recognise the signs and do something about it beforehand.
 
Well forgive me for thinking that my community is a better place for not having gun toting noobs.

Well, a nice peaceful community without guns can be a wonderful place, can't it. But, see, in such a community, one vicious bastard with guns can turn that place into a community of victims. And they have no one to blame but themselves. A community that can't protect itself is a ...victim.

Conditions here are not the same as they were 70 years ago in Germany.

Yep, that's probably what the Germans said in 1930s.

However had they had the right to bear arms well we might now all be blackshirts sitting with Hitler's grandchildren under the swastika.

But if all citizens had had the right to bear arms, they could have protected themselves from the "blackshirts", so you wouldn't have been victimized in the first place. See? A little tale of guns being used for community good.

If my country needs to be defended the government has a mandate to do so. If it starts fixing to turn it's weapons on its own citizens well be assured we'll recognise the signs and do something about it beforehand.

What if it's the government that you need defense FROM? They've already taken most of the guns from y'all, if the government turns against the citizens, you have nothing with which to defend yourselves. And please don't forget ...the "government" is just a bunch of humans, they're not the benevolent gods that you seem to think.

I love your little comment "...we'll recognise the signs and do something about it beforehand". Pure idealism ...good wins over evil, and everyone lives happily everafter in gingerbread houses! :D

If something bad happens, you just invent a little dream to cure all the evils, right? No worries about that pesky ol' reality ...just dream up a cure.

But rremember, in Germany in the 1930s, there were many who saw those "signs" that you talk about, but they had no way of protecting themselves ...they had no guns.

Guns are a tool, that's all they are. In the hands of, say, the police or the army, they can be a good thing, a useful tool. In the hands of evil men, they can be used for evil purposes. But axes are can be the same.

Baron Max
 
They'd have to find my heart first of course and in the course of stabbing me they couldn't take another five or so down within a matter of seconds like someone with a loaded pistol or even more with a semi automatic.....

Attacks via knife, though just as tragic for victims and their families, tend to claim just one or two victims at most. Not many people have manage kill and wound multiple victims with a solitary knife.....


Most crimes of murder are not multiple ones but usually single or double ones.
 
Some aren't and those that aren't tend to be people with chips on their shoulders' rampaging with guns....

Or using high explosives. ...which are also illegal, but evil people still get them and use them to kill people. See? Outlawing explosives hasn't kept it from being used by those evil people, has it?

See how laws, or taking things away from people, has virtually no effect on the criminal element who get guns and explosives whenever they want? It's the criminal element that we need to worry about, not the tool with which they kill people.

Gee, I have an idea ....if it's so easy to stop gun crime by making it illegal to own a gun, why not just make it illegal to kill people with anything! If it only takes a lousy law to solve things, then that should do it, huh???? Huh??

It seems interesting to me, however, that people are so intent on punishing EVERYONE for the crimes a few nutcases. Why is that?

I know this is difficult for people to accept, but criminals are the ones who kill people, usually not regular ol' Joes unless they're just plain nuts. In which case, why don't we outlaw being just plain nuts?

Baron Max
 
but criminals are the ones who kill people, usually not regular ol' Joes

Actually statistics show that most murders are comitted by family members or friends of a family. In other words people that knew each other were to blame for murders most of the time.
 
Actually statistics show that most murders are comitted by family members or friends of a family. In other words people that knew each other were to blame for murders most of the time.

Why were you so selective in quoting me? Why didn't you leave the entire quote? Is it because you wanted to use only the part that furthered your own twisted agenda?

Here's the full quote: "I know this is difficult for people to accept, but criminals are the ones who kill people, usually not regular ol' Joes unless they're just plain nuts."

Fucked up, didn't you? :D

Baron Max
 
The law in Texas is they have to be inside your house before you can just blast away. You can't just shoot through the door like that. I'm guessing he's going to be taking an extended vacation down in Huntsville.

I think that is incorrect, if you have reason to believe someone is attempting to forcibly enter your home, even if they are not yet inside, you can shoot them under Texas's castle doctrine.

I don't know whether this guy had reason to believe that, but the law doesn't turn on them being physically inside the home at that instant. Southern juries, though, might be sympathetic if he can convince them he was actually concerned for his family's lives.

Even if he was outside the home if the short honestly believed (even unreasonably, in some states, so long as it was honest) that he was in jeopardy, regular self-defense probably applied.

It's like that Louisiana case where the Japanese student was shot dead, in costume, on Halloween on a man's porch...and the homeowner walked.
 
He may have gotten off in Louisiana, but shooting through doors doesn't fly in Texas.

Ahh, okay, that is ....somewhat true. However, if there's a window in that door, then it's not true. A man in Texas just recently killed a kid by shooting through a window. He thought the man was trying to break into his house and/or steal his property. Wham-o! ...dead teenager apparently just playing around for fun and games (or so we're led to believe!).

Baron Max
 
Actually statistics show that most murders are comitted by family members or friends of a family. In other words people that knew each other were to blame for murders most of the time.

DUH. Most planned murders are done for gain of some sort. We're talking about the people who kill an uncle to get an inheritance, or off a sibling to make their share bigger, or killing a cousin who has dirt on you. Those are the majority of murders right there. Then there is a crimes of passion. Walk in seeing your wife bouncing on some strangerspenis and you shoot her dead, and more than likely him as well. Odds are that the him in question is someone you know.

Now manslaughter is something else entirely. That means there was no planning, that it was still worng, but it was not what you set out to do that day. Manslaughter is when you are not too careful about your firing lines and accidently get a hunter when your bullet over penetrates or misses a deer.
 
umm a "crime of passion" is the definition of manslaughter as i understand it ie walking in to find your wife screwing the cable guy (sorry watching NCIS again:p) and you "snap" and kill them both. Not murder because there was no planning (how could there be if you didnt know she was sleeping around:p) means manslaughter
 
They'd have to find my heart first of course and in the course of stabbing me they couldn't take another five or so down within a matter of seconds like someone with a loaded pistol or even more with a semi automatic.....

Attacks via knife, though just as tragic for victims and their families, tend to claim just one or two victims at most. Not many people have manage kill and wound multiple victims with a solitary knife.....

In correct. You can indeed kill many victims with a knife. In fact a knife can be dealier than a gun. Mostly becuase the killer is close enough to see if he did the job correctly. Whereas with a gun at thirty feet, if the guy misses you and you have any brains at all you clutch something and crumple to the ground getting him off guard.
 
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