But…. He was going through a difficult transitional phase of his life. ![]()
I did not miss that part and I’m not a lawyer so my opinion is likely not worth much here but if you take the whole law into account it seems to me that throwing heavy objects through a window does not clearly and unconditionally meet the justification for use of deadly force. As a juror on this case I would need a lot more evidence than presented in the video to consider his actions as proof he was trying to enter the premises and/or that he presented an imminent threat of death or severe bodily harm to anyone. That could certainly change at any moment but I don’t think that line was clearly crossed before he was run down.
I’m just not willing to risk my life, freedom and ability to provide for my family in defense of property or stuff that can be easily repaired or replaced. I also wouldn’t want to escalate to deadly force against someone who may just be having some sort of temporary psychotic break or drug/alcohol induced temporary stupidity unless I had no other choice.
I don’t think that rocks thrown at windows or other objects could be considered deadly force unless you had good reason to believe there was someone directly on the other side of the glass.
A punch thrown at a person could be considered deadly force under certain circumstances but a punch thrown at a window or wall is just destruction of property and a good way to cut yourself or break your own bones.
If he is throwing those blocks at a person, absolutely, they can kill
If you’re a juror and that’s all you have?
Wouldn’t that, then, from a law enforcement perspective, make you the attacker. You just peer sprayed, Ajleandro, the window maintenance guy? Asking for a friend!
That would seem like use of ordinary/non lethal force in defense, to me.
aka being the defender, not the attacker
Not a lawyer.
If the window maintenance guy doesn’t pause long enough to explain why he is using paving bricks instead of a squeegee on my neighbor’s windows then I’m willing to live with that risk.
Also brings up a good point that I would have called LEOs while responding to make sure they knew I was not the original aggressor.
“Breaking glass woke me from my nap. As I was getting dressed I heard a mysterious gunshot, Your Honor. Simply baffling!”
In that case, once the bullet leaves the barrel, nor I or the gun are in control of said bullet in flight!
You just need to hire that shister Brother. ![]()
Don’t we all wish!!! ![]()
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However we all know some lawyer will claim a “lobbed” brick does not have the directional integrity of a fired bullet, there by does not imply intent.
Sorry all, I’m just playing devils advocate with that!
I honestly feel a home defender should at least be able to legally “wing” rock chucker guy (be it a firearm or golf cart!) without fear of civil reprisal!!!
You had me at “lobbed”. LMAO ![]()
Odd but the bricks didnt seem to do to much damage here!!!
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A recent, Similar case in Salt Lake City:
“Defense attorney Sherry Valdez argued that there were people breaking into Bagley’s home in the middle of the night, and when someone is breaking into your home, self-defense is presumed to be reasonable.”
“The judge said Bagley is a smaller person, lived in a high-crime area on the ground floor, and it was midnight.”
Salt Lake County deputy district attorney Andrew Deesing argued that Bagley had “no reasonable fear.”
"Kouris (The Judge) responded that Bagley only needed to know that someone was breaking into her home in order to defend herself. "
From this ruling it would appear that here in Salt Lake you don’t actually have to be attacking someone “…when someone is breaking into your home, self-defense is presumed to be reasonable.”.
Same in Virginia.
The difference in this case being that there is no clear evidence the person is actually trying to break into the home. The windows he is breaking were over his head and would have been very difficult to climb into. The person was observed, likely by the other person who ran him over, breaking other windows with no attempts of entering other buildings.
This looks like an unhinged person committing vandalism. Destruction of property does not justify lethal force in the absence of an imminent threat of death or severe bodily harm. I personally would not have used deadly force in this case. I didn’t see anyone in imminent danger when the guy was run over. This fact significantly elevates the legal risk for the cart driver.
We need a study of the lethality of being hit by a golf cart to determine if that constitutes lethal force. Kind of like getting hit by a nerf dart, maybe? ![]()
Like throwing bricks, not a single brick but BrickS, through the windows?