Self Defense in the digital age.

[arakboss]

Friendly PSA that what you write or say on the internet and/or electronic devices could come back to haunt you if you are ever have to defend yourself with lethal force. And don't assume that writing under a username on a forum will give you anonymity.

"Franklin said jurors were able to get insight into Gardner's "state of mind" and his actions before the shooting from his phone and Facebook account."

Source:

Nebraska bar owner indicted in protest shooting death initially ruled self-defense

A Nebraska bar owner who fatally shot a man on a night of violent protests in Omaha in late May was indicted on manslaughter charges Tuesday by a grand jury -- months after the shooting was ruled self-defense, according to reports.

www.foxnews.com

"Without getting into specifics, Franklin pointed to texts from Gardner's phone; messages from Gardner's Facebook account; and Gardner's interactions with bystanders "prior to even coming in contact with James Scurlock." "

Source:

'It's about justice': White bar owner is charged with manslaughter in James Scurlock shooting

Jake Gardner, 38, also has been charged with attempted first-degree assault, terroristic threats and use of a weapon to commit a felony.

www.google.com

Read More

 

[Andy54Hawken]

So very true
It is also good to remember that when dealing with only the written word...Much in the way of communication nuances can be lost.
Things like tone , facial and body cues , and the like are not present....So a written post could be easy to spin or take out of context.
Andy

 

[arakboss]

So very true
It is also good to remember that when dealing with only the written word...Much in the way of communication nuances can be lost.
Things like tone , facial and body cues , and the like are not present....So a written post could be easy to spin or take out of context.
Andy

Agreed, and we have to remember that the persons life who was taken will likely have friends and family who may assist authorities in digging up "evidence".
This will be especially likely if the deceased is a member of an organized group.

 

[Stomper]

Jury nullification.....

 

[WillametteWill]

Jury nullification.....

I agree this concept has valid reasons...but for the like minded folks on this forum, it can also work in the opposite direction. Do you think we would get a fair trial from our "peers" in some jurisdictions? In this case it might be called, "jury ignoring the law because we feel he is guilty." Okay...kinda too long of a name but you get the point. Because of this, the OP is very good advice. Prior to unanimous juries, nullification was more difficult so there is that.

 

[WillametteWill]

The above article from @arakboss from Fox is a must read for those who are willing to defend themselves with a firearm.

"The grand jury returned an indictment today against Jake Gardner," Franklin said. "They were able to able to get evidence into Mr. Gardner's state of mind, as a part of what was presented to them through this investigation."​

​

He said the manslaughter charge "does not rest solely on an analysis of the video that has been played in the media already" that reportedly showed Gardner pinned down by Scurlock at one point during their fight.​

​

Franklin said jurors were able to get insight into Gardner's "state of mind" and his actions before the shooting from his phone and Facebook account.​

My emphasis added. I've talked about how important it is to understand, prepare for and practice what happens after a DGU in many other threads, here is yet another. Key takeaway, the DA initially refused to file charges (based on factual evidence removed from public pressure). The grand jury can and will be swayed by these factors, as can a jury.

Miranda Advisement for the digital age...
Anything you have posted online, have on your phone, is recorded on any media, said in front of someone who may not like you, searched on the internet, etc. can AND WILL be used against you in a court of law.

 

[revjen45]

It was SD until THE MOB got involved. It is obvious that DAs are afraid to provoke the ire of BLM/Antifa.

 

[American123]

The above article from @arakboss from Fox is a must read for those who are willing to defend themselves with a firearm.

"The grand jury returned an indictment today against Jake Gardner," Franklin said. "They were able to able to get evidence into Mr. Gardner's state of mind, as a part of what was presented to them through this investigation."​

​

He said the manslaughter charge "does not rest solely on an analysis of the video that has been played in the media already" that reportedly showed Gardner pinned down by Scurlock at one point during their fight.​

​

Franklin said jurors were able to get insight into Gardner's "state of mind" and his actions before the shooting from his phone and Facebook account.​

My emphasis added. I've talked about how important it is to understand, prepare for and practice what happens after a DGU in many other threads, here is yet another. Key takeaway, the DA initially refused to file charges (based on factual evidence removed from public pressure). The grand jury can and will be swayed by these factors, as can a jury.

Miranda Advisement for the digital age...
Anything you have posted online, have on your phone, is recorded on any media, said in front of someone who may not like you, searched on the internet, etc. can AND WILL be used against you in a court of law.

Guess pulling a Hillary and smashing cell phones with hammers might be relevant.

 

[Dinglenutz]

"Jake Gardner was threatening the use of deadly force in the absence of being threatened with … deadly force by James Scurlock or anyone who was associated with him," Franklin said. Video showed Gardner flashing a gun in his waistband as he confronted Scurlock and others after Gardner's dad was pushed down."

Throwing an old man down IS deadly force.


"Video shows Gardner firing what he characterized as two warning shots when he was tackled from behind by a young woman before the struggle with Scurlock. Franklin, who was not present for the grand jury's deliberations, said the second shot was the thrust of the attempted assault claim. He didn't explain."

Warning shots have been discussed.


Weapon use - "That charge is connected to all three felonies, Franklin said. Under Nebraska law, someone such as Gardner can claim self-defense if he has a reasonable belief that his life or the lives of others is in danger. However, the law says, "the use of deadly force shall not be justifiable … if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter."

State specific, but yeah, don't carry and pick fights. This one actually seems possibly righteous as far as charges go, if it's true.

 

[arakboss]

Guess pulling a Hillary and smashing cell phones with hammers might be relevant.

 

[Stomper]

The above article from @arakboss from Fox is a must read for those who are willing to defend themselves with a firearm.

"The grand jury returned an indictment today against Jake Gardner," Franklin said. "They were able to able to get evidence into Mr. Gardner's state of mind, as a part of what was presented to them through this investigation."​

​

He said the manslaughter charge "does not rest solely on an analysis of the video that has been played in the media already" that reportedly showed Gardner pinned down by Scurlock at one point during their fight.​

​

Franklin said jurors were able to get insight into Gardner's "state of mind" and his actions before the shooting from his phone and Facebook account.​

My emphasis added. I've talked about how important it is to understand, prepare for and practice what happens after a DGU in many other threads, here is yet another. Key takeaway, the DA initially refused to file charges (based on factual evidence removed from public pressure). The grand jury can and will be swayed by these factors, as can a jury.

Miranda Advisement for the digital age...
Anything you have posted online, have on your phone, is recorded on any media, said in front of someone who may not like you, searched on the internet, etc. can AND WILL be used against you in a court of law.

All the defense team has to do is dig up "the state of mind" of the rioting cretins the defendant was up against.... bectha they find "kill whitey" and "ACAB" rhetoric in their online presence.

The funny thing about "swords"... they almost always cut both ways.

 

[arakboss]

All the defense team has to do is dig up "the state of mind" of the rioting cretins the defendant was up against.... bectha they find "kill whitey" and "ACAB" rhetoric in their online presence.

The funny thing about "swords"... they almost always cut both ways.

Hopefully he is not relying on a public defender for his representation.

 

[federalist46]

jurors were able to get insight into Gardner's "state of mind" and his actions before the shooting from his phone and Facebook account.

double plus ungood

 

[Bushman]

Hopefully he is not relying on a public defender for his representation.

He owns several bars. He has money.

 

[edzz]

He owns several bars. He has money.

Have any of his bars been allowed to make money this covid season?
Just because someone is a owner of multiple businesses doesn't insure wealth.

 

[WillametteWill]

He owns several bars. He HAD money.

Fixed it for you.

 

[tac]

'Self defense' in the 'digital' age?

Easy one.

When you get in a grip with some BG, stick your index finger - a DIGIT - up to the knuckle in his eyeball.

Worked for me.

 

[HA556]

It is obvious that DAs are afraid to provoke the ire of BLM/Antifa.

I believe there is a lot of truth in this since all this bull doodoo started!

 

[Bushman]

Have any of his bars been allowed to make money this covid season?
Just because someone is a owner of multiple businesses doesn't insure wealth.

How do you think he bought the bars???

I own rental properties. Even if I wasn't collecting rent, each one of them was 100-125K down payment. The same concept applies. It takes money to buy or build a business.

 

[American123]

'Self defense' in the digital age?

Easy one.

When you get in a grip with some BG, stick your index finger up to the knuckle in his eyeball.

Worked for me.

Digit-tal

Had to make that more clear, probably went way over the head of readers.