Army veteran behind bars charge of first-degree murder more than year after he shot/killed a intruder

[Dinglenutz]

The police shouldn't bother with him?

Never said that. Never even implied it. In fact have a gander at the first (1) thing I said.

 

[ma96782]

It's a question.

Aloha, Mark

 

[Dinglenutz]

It's a question.

Why are you specifically asking me this?

(I can be disingenuous too)

 

[Alexx1401]

What it comes down to it, white, black, brown, purple with pink polka dots - shoot thru a door at an unknown person, you are most likely going to jail - eventually. Not sure that such a person needs to be kept in jail until their trial, or that it is murder and not manslaughter (debatable) - if they are disarmed and kept disarmed - but to jail they will go.

YEP!!! That he was apparently committing some crime with his grow operation is just icing on the cake of stupid. Even if he had not been doing something criminal, firing through a door is DUMB. Now if he was doing something criminal it makes more sense. He of course did not want to call Cops to his operation. Suspect this may be part of why he is still in jail. Not only a bad shoot but, crime involved that lead to the shoot. Bottom line the old line, "play stupid games, win stupid prizes".

 

[ma96782]

On the subject of breaking some laws are more important (acceptable) than breaking others. The police are balancing........consider......

NYPD arrests for untaxed cigarettes down sharply since Garner’s chokehold death

No one wants a repeat. Arrests for selling untaxed cigarettes have dropped dramatically since Eric Garner’s chokehold death in 2014, the Daily News has learned. Garner, 43, was stopped for al…

www.nydailynews.com

He said the falling arrest numbers are proof cops are reluctant to get involved in any loosies complaint because they believe the department won't support them.
"They're afraid of getting sued," Mullins said. "They're afraid of discipline.
"No one believes the department has their back."

Yeah......so, there are laws in place. But, when is a Law worth enforcing?

Aloha, Mark

 

[The Heretic]

The police are balancing........consider......

NYPD arrests for untaxed cigarettes down sharply since Garner’s chokehold death

No one wants a repeat. Arrests for selling untaxed cigarettes have dropped dramatically since Eric Garner’s chokehold death in 2014, the Daily News has learned. Garner, 43, was stopped for al…

www.nydailynews.com

Yeah......so, there are laws in place. But, when is a Law worth enforcing?

Aloha, Mark

When it is too the benefit of the powers that be.

 

[Dinglenutz]

But, when is a Law worth enforcing?

IMO always. If all laws were always enforced, I doubt the general public (who would be feeling it) would stand for those laws that don't make much sense. Imagine if every person who violated the speed limit was strictly ticketed, every time it was possible to do so.

Lawmakers and enforcement get away with a lot of shenanigans simply because laws are enforced selectively.

Would s*ck for a bit though, as old habits die hard and the legislature moves like a snail at best.

 

[The Heretic]

YEP!!! That he was apparently committing some crime with his grow operation is just icing on the cake of stupid.

Is it "criminal" because his license expired?

Would you say the same thing if this was a restaurant supply warehouse whose business license had expired?

 

[Dinglenutz]

Is it "criminal" because his license expired?

Would you say the same thing if this was a restaurant supply warehouse whose business license had expired?

Like I said, enforce them all strictly, and wait a bit. People will get a lot of laws repealed shortly. That would be great. We have way too many laws.

Even better: A constitutional amendment requiring every law have a 7 year sunset. If it's a law that's really needed, discuss it and repass it. A forced review of the existing body of law, as it were. Too many to make that practical? Well there's your problem. Fix it.

 

[Alexx1401]

Is it "criminal" because his license expired?

Would you say the same thing if this was a restaurant supply warehouse whose business license had expired?

I am calling it "criminal" in that he was, if this is to be believed, he was running a grow operation he had no permit for. So if I have a place that sells liquor, and I have no license from the state am I committing a crime?
Not a lawyer, did not stay in a Holiday Inn, so no expertise on CA laws. I take it you are trying to say someone can grow pot in CA now with no license and if caught its not a crime?
I did not know they had gone that far there but, if they have it would not really surprise me. Kind of surprised a lot of people in that state bother to pay for state issued licenses since its nothing if they decide not to give the state their money for permission.

 

[The Heretic]

I am calling it "criminal" in that he was, if this is to be believed, he was running a grow operation he had no permit for. So if I have a place that sells liquor, and I have no license from the state am I committing a crime?
Not a lawyer, did not stay in a Holiday Inn, so no expertise on CA laws. I take it you are trying to say someone can grow pot in CA now with no license and if caught its not a crime?
I did not know they had gone that far there but, if they have it would not really surprise me. Kind of surprised a lot of people in that state bother to pay for state issued licenses since its nothing if they decide not to give the state their money for permission.

You can grow in any state on the west coast, and several others, for private use without a permit yes. But he was growing for commercial use. He should have had a valid license.

I am saying I don't consider him to be a criminal just because his license expired, any more than I consider someone who has a food truck but has an expired permit/license to be a criminal. I don't consider permits/licenses for activities/items that are not in and of themselves crimes to be criminal activities. Just as I do not consider people who concealed carry without a permit to be a criminal.

Is it technically a crime? In some areas, yes, others no. Should it be a crime? No.

 

[Dinglenutz]

^^^^ Really need that double like button again.

 

[Alexx1401]

You can grow in any state on the west coast, and several others, for private use without a permit yes. But he was growing for commercial use. He should have had a valid license.

I am saying I don't consider him to be a criminal just because his license expired, any more than I consider someone who has a food truck but has an expired permit/license to be a criminal. I don't consider permits/licenses for activities/items that are not in and of themselves crimes to be criminal activities. Just as I do not consider people who concealed carry without a permit to be a criminal.

Is it technically a crime? In some areas, yes, others no. Should it be a crime? No.

<shrug> the law does not often care what any of us "feel". I don't like a lot of the laws we have but, how I feel about them really means nothing. If I choose to violate any of them no black robe cares how I feel about it. If he was breaking the law he knew he was and chose to do so. So he added criminal activity to a really stupid shoot. Now how I "feel" about it really means nothing unless I ended up on his jury, which of course is not going to happen. Being as how I "feel" about the scum trying to break in they would not get my vote to convict him. Since he is in CA though I would not hold out much hope for him to get 12 people who are pro his right to shoot someone. Again, play stupid games, win stupid prizes. I doubt he still thinks growing that pot was such a great idea now but, little late now.

 

[OldBroad44]

If I were on the jury, I'd find the shooter guilty of some level of murder or manslaughter, even if it was his home and no issue with respect to the legality of a marijuana operation was involved. You do not get to fire through a door and kill an unidentified person and go free. Not in my book.

 

[The Heretic]

Yup - I would return manslaughter if allowed and the facts supported it. I don't know of have all of the facts of course, so that would be my supposition.

Manslaughter - Wikipedia

en.wikipedia.org

 

[RVTECH]

You do not get to fire through a door and kill an unidentified person and go free. Not in my book.

Pretty much the bottom line for me as well. The guy bypassed any legalities of dealing with an intruder.

Far to many times in legal cases basic elements such as this are left out and not considered - when it should be the 'root' of the case.

 

[tac]

The game was up the moment he squeezed the trigger on a blank piece of wood with an unknown person behind it.

After that, it's all just paperwork to establish the level of the sentence.

 

[03A3Sporter]

David Prater ( The DA there ) will hang him out to dry, he has made a career of prosecuting people who have made poor decision when it comes to shooting someone in self defense.

YEP!!! That he was apparently committing some crime with his grow operation is just icing on the cake of stupid. Even if he had not been doing something criminal, firing through a door is DUMB. Now if he was doing something criminal it makes more sense. He of course did not want to call Cops to his operation. Suspect this may be part of why he is still in jail. Not only a bad shoot but, crime involved that lead to the shoot. Bottom line the old line, "play stupid games, win stupid prizes".

 

[fredball]

He shot thru the door not knowing who was there hes lucky it's only 2nd degree murder
I'm surprised hes being charged at in that the victim is white . I'm surprised this is even a story
because we all know only whites are racists rant over

 

[clearconscience]

Consider for a moment......that attitudes about "property" are changing rapidly. Then add.....it's MEDICAL MJ. Rrrrright......obviously......the potential theft was to help with a medical issue/problem.

Aloha, Mark

Stupid elitist like this only say this BS because they don't live with the peasants and have to deal with their idiocrisy.

All these elitist and dem/ socialist politicians should have to live in the worst neighborhoods in their state