I’ll start with the obvious: The defendants claim to self defense. He fails miserably on the rule of facing immediate death or grave bodily harm. Shooting the victim for failing to wear a face covering and in fear of catching Covid.
“Holmes, who is barred from possessing a weapon because he is a four-time convicted felon and registered child sex offender, was working as an armed security guard at the store”
Four time felon… Should not be near a gun.
“Prosecutors say Holmes then walked outside the store and shot the victim two more times before he himself fled the scene.”
Shoot someone in self defense, then follow them outside and shoot them again?
Just my tin foil hat theory, but this looks more like straight up murder.
“Holmes, Friedman argued, “reacted in self-defense” to a man who wasn’t wearing a COVID mask.”
I don’t know about that state, but in Louisiana the mask mandate has no penalty. The state can cause some problems for a company that does not even have signs up, but it is more like a mandated “no shirt no service” type deal. If they ask you to leave if you are not wearing a mask, if you don’t it could be trespassing.
@Shamrock >> In my state you need a additional license to be a armed guard ( blue ) card. That’s strange because some of banks have guards
Without firearms and, spend most of the time outside on a cell phone.
Shouldn’t have shot the guy for sure BUT, around here there have been cases where people have claimed to have AIDS, spit on someone and were arrested for aggravated assault. Change that to C-19 and the right jury might just let this guy go…
Like so many of these stories we are faced with, there were several " never should have been " circumstances that were already active at the time it turned tragic.
I noticed the same thing writing mission reports for the really bad mountain accidents. So often there was not one, but a string of bad decisions leading up to the last decision that turned tragic, any one of which could, or would, have averted the accident.
I consider it a good thing for me to remember those times I ask my self if I " really need " to circle back and do that thing I forgot to do, or go return that gear to ready status. when I catch my self thinking that " It will surely be fine for just a little while", I immediately drop what I’m doing and go set it back to right, It’s amazing how easily those things get forgotten if that first inconvenient prompting is put off!
Didn’t see any mention of the no mask person coughing or spitting. Guess you could try to say his breathing was an assault. But there is a clear disparity of force issue even if you go down the ridiculous no mask is assault path. The no masker was likely not infected with the virus (therefor no proof he was armed) and even if he was the “weapon” he would have been wielding has a very small percentage chance of severely harming or killing someone.
If he was infected and actively coughing or spitting then an assault charge would be warranted but lethal defense would still not be justified.
The sites I work on in the desert sometimes have unarmed overnight guards to keep the tweakers from stealing fuel, batteries and other equipment. All they can do is call (a lot of sites don’t even have cell service) for LEOs who are often an hour or more away if they can even find the site.
I also am working under the assumption that he was hired as an armed security guard. Did they supply his firearm or did he supply his own? Maybe he was hired as an unarmed security guard but brought his illegally acquired firearm without employer permission? But even if that was the case what was the company doing hiring a convicted felon as a security guard?
I’m all for people getting second chances. There are a fair number of ex cons working on construction crews out here and most of them have turned their lives around. But not as security guards with a record like his.