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Discussion in 'In the News' started by Malum Prohibitum, Sep 28, 2007.
http://www.tulsaworld.com/news/article. ... hAfor25553
I have to say the D.A. is wrong on this.
The dead man was drunk and on meth. He followed Gumm and blocked Gumm's car so that he could not leave . . .
And notice that the D.A. appears not even to know what his own state law says on the subject? Notice that?
Something else must be going on.
Update: Looks like he needed DKing.
In most states, you cannot shoot an unarmed man who seems intent on beating you up. That's too much disparity of force. It's not a "reasonable" or "necessary" reaction to a punch, a shove, etc.
That's a shame. It should be legal to use deadly force on anybody who assaults you with physical violence. You should not have to stand there and let your teeth get knocked out, your eye blackened, etc. And when you're an old man, a retired 68 year old fellow with creaky joints and various other health problems, nobody should expect you to engage in a fistfight. You should have the right to say "leave me alone-- get back or I'll shoot."
But I can see why this guy took the plea bargain that he did. I hope he gets a probation-only sentence. But if I were on the jury hearing his case at trial, I'm sure I'd vote NOT GUILTY.
Is assault and/or battery a felony? If so there is no question that shooting is legal. And whatever the laws say, one would have to mad to NOT shoot, as once this scumbag has you on the ground he can get your gun all the easier.
I agree with Gunsmoker. I feel bad for this guy. It seems his situation is going from bad to worse. I cannot see a jury looking into the eyes of this (seemingly) feeble old man and finding him guilty.
Also, many people have been beaten and stomped to death, so the words "your history" would seem reasonable that the instigant could and intended to carry out murder.
If this were GA, what are the laws? I believe I have read about road rage incidents where unarmed men were justifiably killed as they approached the car of the intended victim??
Hence why I train in Brazilian Jiu Jitsu and Muay Thai. Then again, I'm 21 and still young and flexible enough to roll with some punches and defend myself. Now if I were 70, overweight, or female, what options would I have?
Absurd. I've said it before and I'll say it again, I'm not going to stand there and take one punch just because someone wants to assault me, they're going to get shot. Too many cases of someone getting hit in the wrong place and doing serious brain damage or getting killed.
Video of Shooter's Side of Story
His "Stand Your Ground" immunity motion was denied by the court, but I think that ruling was in error, as he was where he had a legal right to be. The judge said it does not apply outside of his home or auto (according to the news reports). See see this
I think this guy made a mistake in not going before an Oklahoma jury.