Murder Trial for Jessie Murray to begin in Clayton County (He was denied SYG)

Discussion in 'Georgia In the News' started by tmoore912, Jun 22, 2017.

  1. tmoore912

    tmoore912 Just a Man

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    If there is already a thread on this please move-

    Trial begins for Jessie Murray in Clayton County June 26th.

    The Defendant tried to claim Stand Your Ground, but the Judge denied that request in 2016.

    The incident took place in Feb 2014. It's hard to know exactly what happened, but the black community is really upset that he was denied stand your ground immunity.

    One website's rendition of the facts-
    https://endstandyourground.wordpress.com/tag/jessie-murray/
    When he left to retrieve his gun from his car, he should have taken his ex-wife with him and left.

    We will have to see what the Jury thinks about it.

    FB page for the defendant https://www.facebook.com/thecaseofjessiemurray/



    [ame]https://www.youtube.com/watch?v=zPLq-4RDKM8[/ame]
     
  2. UtiPossidetis

    UtiPossidetis American

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    By leaving and attempting to return, with a weapon, he lost his right to defend your ground because he had already successfully disengaged and then tried to reengage. If he had gone to his car and they followed and confronted him there without him trying to return it might be another story.
     

  3. Phil1979

    Phil1979 Member Georgia Carry

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    I'm shaking my head that the sheer moronic stupidity of Clayton County Superior Court Judge Albert Collier. How can you NOT be in fear of your life when attacked by four men?!

    I'll say it again, Judge Albert Collier is an IDIOT!
     
  4. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    "At that point, when I pulled back, that’s when my gun discharges.”


    :-k



    #-o That's not a stand your ground immunity case. [-(

    Criminal defendants do this to themselves all the time. I did not intend to shoot him. The gun discharges.

    A claim of accident negates self defense and may very well mean that the judge will not even instruct the jury on self defense.

    You cannot claim "accident" and "self defense." The two are entirely inconsistent.

    You either meant to shoot him, and you were justified, or you did not mean to shoot him.

    If you want to claim self defense, you must admit you intentionally used force against the other person. Once you make that admission, you can argue justification.

    No wonder his stand your ground claim was denied at the hearing.
     
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sigh. Because Murray claimed it was an accident. Fear does not enter into accidents, Phil.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    https://blog.uslawshield.com/saying-the-wrong-thing-cost-georgia-man-his-stand-your-ground-defense/

     
    Last edited: Jun 22, 2017
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    The judge is correct. This is how Georgia law works.

    If you want to claim self defense, then you must admit you intended to use force that, but for the self defense claim, would be unlawful.
     
  8. Phil1979

    Phil1979 Member Georgia Carry

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    The defendant's words appear to describe fear during the struggle. A subsequent accident does not negate the fact of that fear.

    At that point the attackers needed shooting, whether by accident or on purpose, for it was clear they meant to do him great harm.


     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Watch the video in the first link. The reporters say in the first ten seconds he claimed it was an accidental discharge.


    The claim in the video from the NAACP lawyer, that "The Stand Your Ground Law is for African Americans, too," is true. It just does not apply to this case. There is plenty of case law with white defendants appealing convictions because judges refused to instruct the jury on self defense. If the reason is because the white defendant claimed the gun "went off" accidentally, then the instruction is refused. The courts of appeal uphold such convictions.

    This is not a color issue.

    It is a matter of law.

    Self defense is intentional. There is no such thing as accidental self defense.
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Yes, it does. Please pay attention to what I am writing. Fear is completely irrelevant to the defense of accident.

    Re-read until it sinks in. There is no such thing as accidental self defense. It does not exist.


    Guess what? It does not exist for white persons in Georgia, either.
     
  11. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Sorry to sound so harsh, but this is clear law in Georgia. His attorney should have advised him better on how to testify. I shot him. I meant to shoot him. I had to do it to save my life.

    Didn't you tell the officer "the gun discharged?"

    Yes, I did. It discharged when I pulled the trigger to stop the attack.

    Any competent attorney who has spent even an hour reading self defense cases in Georgia would have known that an accident claim would pretty much mean NO stand your ground immunity. If Murray sticks to this accident story at trial, it might mean the jury never gets instructed by the judge on the law of self defense.
     
  12. Phil1979

    Phil1979 Member Georgia Carry

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    Were it not for the multiple perps grabbing onto him and assaulting him the gun wouldn't have accidentally discharged. It's not a crime to be armed, and it's not a crime for your gun to suddenly go off while being violently attacked.

    He may not be able to claim SYG for the actual discharge, but he committed NO crime!

    Has the world gone completely mad?
     
  13. Phil1979

    Phil1979 Member Georgia Carry

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    If I'm on the jury I'm voting not guilty. I hope his actual jurors have that much common sense as well.
     
  14. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Based on what? Accident?

    They may not even hear from the judge on self defense instructions. Pay attention.
     
  15. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Well, that is the defense of accident. Maybe it will work.

    But please stop confusing this with self defense. The two are not the same.
     
  16. tmoore912

    tmoore912 Just a Man

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    Seems to be a clear case of having a cruddy attorney.
     
  17. Phil1979

    Phil1979 Member Georgia Carry

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    See post #12 and what I said about SYG. I am not confusing the two.

    I'm saying I would acquit based on no crime being committed by him.


     
  18. codegeek

    codegeek codegeek reincarnate

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    So, you're saying that a law abiding citizen, that had broken no law, was not free to decide for himself where he wanted be in this public business establishment? and once he had made a decision to travel freely and was denied that right through violence, that he could not stand his ground and defend himself? interesting....

    On the surface I would have no problem aquitting this gentleman, regardless of whether or not he knows the fancy code words prized by the judicial system.
     
  19. UtiPossidetis

    UtiPossidetis American

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    The basis for my position is that he had disengaged successfully from a confrontation and then advanced on them. That is not SYG in any manner whatsoever. That can be legitimately viewed as aggressive and not defensive on his part.
     
  20. codegeek

    codegeek codegeek reincarnate

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    going back inside to escort his wife safely out of the establishment is aggressive?