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Discussion Starter · #1 ·
Weaver fears the federal government may be watching him again after his neighbor spotted someone suspicious.

She says, 'I just scared some guy in a black uniform out of the weeds out there by the woods and he took off running,' he said
http://www.ky3.com/news/8498467.html
 

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Malum Prohibitum said:
No. He was injured by a piece of the wife's skull (while she was holding a baby). Not really shot.
That's it, we need registration and/or a full ban on flying skull fragments.
 

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wsweeks2 said:
That's it, we need registration and/or a full ban on flying skull fragments.
I concur fully! How long must people be subjected to the risk of flying skull fragments before the government takes action? At the very least, such fragments should be registered. At best, they should be confiscated. No civilian needs skull fragments! They have no sporting purpose whatsoever and, therefore, should be banned!

Where's Sarah when we need her???
 

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Am I correct in my remembrance that the "sniper" was indicted in state court for manslaughter but a federal magistrate dismissed the charges?

There really should have been prosecutions all up the chain of command on that one.
 

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Discussion Starter · #9 ·
legacy38 said:
Am I correct in my remembrance that the "sniper" was indicted in state court for manslaughter but a federal magistrate dismissed the charges?

There really should have been prosecutions all up the chain of command on that one.
The federale said "He was just doing his job."
 

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Discussion Starter · #10 ·
He took a head shot on a woman with a baby in her arms. He did not even claim that she was a threat. She did have on an openly carried pistol in a holster.

I guess Lon Horiuchi does not like open carry, huh?

In 1997, Horiuchi was charged in Boundary County, Idaho state court with involuntary manslaughter. Horiuchi successfully petitioned to remove the case to federal court,[1] where the case was dismissed by U.S. District Judge Edward Lodge on May 14, 1998, who cited the supremacy clause of the Constitution which grants immunity to federal officers acting in the scope of their employment. This decision was reversed by an en banc panel of the Ninth Circuit, which held that Horiuchi should stand trial.[4] However, shortly after the Circuit court rendered its decision, the prosecutor moved to drop the case, and the District court granted the motion on June 26, 2001.

Horiuchi remained employed with the FBI throughout his prosecution.
 

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Discussion Starter · #11 ·
By the way, he claims he was shooting at Kevin Harris (not a legal shoot, either, the guy was running away) and made this perfect head shot on her by accident.

Anybody with any experience should delve a little into the facts and determine for themselves the veracity of his statements.
 

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Discussion Starter · #15 ·
From the federal court opinion.
Mr. Horiuchi, rightly or wrongly, was clearly acting under orders authorized by the U.S. government to go shoot and kill an armed male adult because the threat to human lives had already been determined by his supervisors based on the facts then known to them
Is that a legal defense in court? Since when?
 

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Malum Prohibitum said:
From the federal court opinion.
Mr. Horiuchi, rightly or wrongly, was clearly acting under orders authorized by the U.S. government to go shoot and kill an armed male adult because the threat to human lives had already been determined by his supervisors based on the facts then known to them
Is that a legal defense in court? Since when?
Is there US case law precedent on following orders not being a defense?

I know the war crimes trial at Nurnberg established that this is not a defense but I don't know if this is binding on US courts... not a lawyer.
 

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Discussion Starter · #19 ·
There does not have to be case law saying that is not a defense. But I do not know the answer to your question.

It is not a defense under the UCMJ.
 

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Malum Prohibitum said:
legacy38 said:
Am I correct in my remembrance that the "sniper" was indicted in state court for manslaughter but a federal magistrate dismissed the charges?

There really should have been prosecutions all up the chain of command on that one.
The federale said "He was just doing his job."
Other people have used that excuse before.


I heard it didn't work out too well for them though.

edit: I see GSUsnake made the same reference.
 
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