Quote (sirthom @ Nov 26 2021 03:45pm)

These types of things dont happen in a society where per-marital relations and divorce aren't allowed.
It all started with women's suffrage.
Never should have given them the vote.

Quote (Santara @ Nov 26 2021 04:28pm)

Not self defense. He didn't have to come back outside armed.

Quote (S3th @ Nov 26 2021 03:30pm)

It is his property. He told the gentlemen to leave before heading inside the house and once again when he returned from inside.

Quote (Jupe @ Nov 26 2021 03:29pm)

for me, it's when we had nothing but tight-knit communities of no more than 200 people, everything after that was a mistake

Quote (Santara @ Nov 26 2021 04:33pm)

Yes, he did tell the guy to leave. But the guy didn't do anything threatening to warrant the brandishing of a gun. Calling the cops would be perfectly reasonable in this situation. You can't simply shoot people for trespass.

Quote (Santara @ Nov 26 2021 01:28pm)

Not self defense. He didn't have to come back outside armed.

Quote (S3th @ Nov 26 2021 03:38pm)

I cannot argue Texas law on branshing on one's own property; however, he didn't shoot him for trespassing. For some reason, this guy as with Rosenbaum, got triggered by the presence of a firearm and accelerated the situation. Once he turned his attention to the guy, approached, coming up onto the porch and getting right in his face - is a threat. And potentially deemed assault or battery. Made a verbal threat along the lines of "you better use that on me, if not, I will take it and use it on you" then proceeds to grab him/the gun and fling him. Then gets shot.

Quote

United States v. Lewis, 65 M.J. 85 (self-defense is considered a special defense, because although not denying that the accused committed the objective acts constituting the offense charged, self-defense denies, wholly or partially, criminal responsibility for those acts).



(under RCM 916(e)(4), the right to self-defense is lost if the accused was an aggressor, engaged in mutual combat, or provoked the attack which gave rise to an apprehension that the accused was about to suffer death or grievous bodily harm, unless the accused had withdrawn in good faith after the aggression, combat, or provocation and before the offense alleged occurred; while RCM 916(e)(4) sets out a duty to withdraw under certain circumstances in order to avail oneself of the defense of self-defense, it does not address either escalation in general or the specific situation in which the original aggressor or someone engaged in mutual combat is not able to withdraw in good faith; the Rule’s silence regarding an inability to withdraw creates an ambiguity).

Quote (Santara @ Nov 26 2021 04:50pm)

Self defense in US common law: https://www.armfor.uscourts.gov/digest/IIIB17.htm

Quote (theCrossbones @ Nov 26 2021 03:45pm)

I think he has the right to on his property..
yes it for sure escalated the scene.. but he has every right to have a firearm on his own property