View Full Version : Self Defense as Defense in Court
eddiememphis
11-24-2021, 17:17
Rittenhouse claimed self defense and was found not guilty. Many cheered the verdict as a win for the 2nd Amendment.
Matthew Doloff, the security guard 9news hired in 2020 shot and killed a protester, in what could be argued is a similar incident. He is claiming self defense as well.
Will the Kenosha outcome have an effect on the Denver trial?
I was wondering what happened to that case.
Considering the man who was shot was backing up/retreating when he was shot, how can it be self defense?
What's important is what race where the victim/assailant? <sarcasm>
Time and time again... It only matters what you can convince a jury of. A man that strangled 34 hookers can argue self defense if he wants. Doesn't mean a jury will believe it. That it...all it boils down to.
BPTactical
11-24-2021, 19:52
88498
Zundfolge
11-24-2021, 20:11
Will the Kenosha outcome have an effect on the Denver trial?
I hope not. I don't know anything about the Doloff case, but I hope its decided on its own merits and not the "mood of the public" or winds of politics or any other such nonsense (including a response to or in accordance with the Rittenhouse verdict)
best prob:
-depends on the state legal defefinition of self defense is.
-depends on DA and prosecutors under DA.
-Depends on Jury pool and selections.
OtterbatHellcat
11-25-2021, 00:52
That was some funny shit, BP.
Looking at what I have seen, security guard would get off, unless prosecution can bring it's all.
Bitchslap plus mace in hand, may equal deadly threat.
Something I have
https://youtu.be/iC1w7TR3W6U
Andrew Coffee IV was acquitted of murder charges via self defense on the same day as Rittenhouse. His girlfriend was killed in a shootout between him and deputies during a SWAT raid. Case was in Florida.
BushMasterBoy
11-25-2021, 12:41
Here is a video depicting self defense. What is your opinion?
https://www.youtube.com/watch?v=OmgYvOD-7d8
Looking at what I have seen, security guard would get off, unless prosecution can bring it's all.
Bitchslap plus mace in hand, may equal deadly threat.
Something I have
https://youtu.be/iC1w7TR3W6U
I watched the video. The slap is the video is not enough for deadly force. Once the slap occurred, the (soon to be dead) guy, started backing up. The shooter needs to show "imminent danger of being killed or of receiving great bodily injury" and that "a lesser degree of force is inadequate." It will be a stretch for the shooter to claim the need to use deadly force over bear spray.
BPTactical
11-25-2021, 13:07
Here is a video depicting self defense. What is your opinion?
https://www.youtube.com/watch?v=OmgYvOD-7d8
When assholes collide
Here is a video depicting self defense. What is your opinion?
https://www.youtube.com/watch?v=OmgYvOD-7d8
If it was CA or NY , that was a murder.
In Texas as seen photo, it can be self defense.
All this could have been prevented if assholes let other assholes see their kid? ( if court allowed or had previous arrangement)
JohnnyDrama
11-25-2021, 16:05
When assholes collide
+ 1
Seems like a butt stroke would have made the point without sending anyone to the Proctologist in the Sky.
eddiememphis
11-25-2021, 17:00
I watched the video. The slap is the video is not enough for deadly force. Once the slap occurred, the (soon to be dead) guy, started backing up. The shooter needs to show "imminent danger of being killed or of receiving great bodily injury" and that "a lesser degree of force is inadequate." It will be a stretch for the shooter to claim the need to use deadly force over bear spray.
His defense attorney is trying to get several things in as evidence. He had several "illegal" knives on him. He was seen associating with a member of Sons Of Silence. His phone contained hateful images and writings related to white supremacy, xenophobia and hatred of police.
So far the judge has said no.
There may have been errors with evidence collected as well.
https://denvergazette.com/news/local/judge-evidence-of-victim-s-radical-beliefs-in-protest-shooting-not-relevant-for-now/article_f7a8e8b0-f71d-11eb-92f0-abcff2ed3eb0.html
BushMasterBoy
11-25-2021, 18:10
Though I was lambasted in a previous thread, Matthew Doloff could argue disability from a slight concussion. He saw stars, his glasses flew from his head. He was assaulted. Personally my belief is that you assault someone, you risk being shot. You smack Grandma, she might just shoot you.
I doubt Denver will see riots. It might see a curfew.
Personally, I'd rather be in London.
OtterbatHellcat
11-25-2021, 22:29
I would think that arguing over child custody on a front porch really is a stupid damn idea.
Should have called the cops instead of opening the front door and lighting that powder keg.
Dlesh123
11-27-2021, 17:39
Calling the cops doesn’t do much for you. Been there done that. They said they would never take children from their mother, regardless of a court ordered visitation. Beyond frustrating situation.
DA announced they are dropping charges
https://kdvr.com/news/local/lawyer-charges-dropped-against-unlicensed-security-guard-who-shot-man-at-rally/
DA announced they are dropping charges
https://kdvr.com/news/local/lawyer-charges-dropped-against-unlicensed-security-guard-who-shot-man-at-rally/
WOW... didn't see that coming.
Well... When does the rioting start?
kidicarus13
03-10-2022, 17:12
White on white = no rioting
clodhopper
03-10-2022, 17:49
I can understand the prosecutors point. I hope he still has to answer for being unlicensed, which is probably just a fine or something.
.455_Hunter
03-10-2022, 18:20
For some reason, I doubt this would be same prosecutorial decision if the shooter would have been acting as a "guard" for a different type of media outlet and the deceased was a blm or antifa supporter.
BPTactical
03-10-2022, 21:24
Political assassination.
Was protecting the MSM, also known as the Democrat Party PR Dept. Not surprised that he'd get a pass in Denver.
eddiememphis
03-11-2022, 10:10
Time and time again... It only matters what you can convince a jury of.
Four months ago, FoxArt called it correctly.
I don't see this as some deep rooted conspiracy, it seems to be a case of charging the suspect with the wrong crime.
Just as with Kenosha, had the DA pursued manslaughter, the defendants would likely be jailed for years.
DA Beth McCann,........ as in District Attorney Beth McCann or Dumb Ass Beth McCann. Shameless tool of the progressive left.
hollohas
03-11-2022, 11:31
Four months ago, FoxArt called it correctly.
I don't see this as some deep rooted conspiracy, it seems to be a case of charging the suspect with the wrong crime.
Just as with Kenosha, had the DA pursued manslaughter, the defendants would likely be jailed for years.
What jury? It never went to trial. The DA didn't charge him with the wrong crime, the DA isn't charging him AT ALL.
eddiememphis
03-11-2022, 12:15
What jury? It never went to trial. The DA didn't charge him with the wrong crime, the DA isn't charging him AT ALL.
He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."
My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.
Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.
That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."
.455_Hunter
03-11-2022, 12:33
He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."
My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.
Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.
That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."
So you don't think "Unlicensed Fox News security guard kills local community activist at BLM protest" wouldn't have gotten more prosecutorial dedication?
eddiememphis
03-11-2022, 13:50
So you don't think "Unlicensed Fox News security guard kills local community activist at BLM protest" wouldn't have gotten move prosecutorial dedication?
That's two different factors.
Had you asked if he was working for Fox and killed the same guy, I'd say it is less of a factor than a lot of people want to believe it was.
If he was still working for 9 and killed a community activist on the BLM or antifa side, I do think there would have been pressure or motivation to convict.
However, lack of proof by the state to go to trial would still be lack of proof.
Many people are outraged and would love to find a conspiracy at work. I'd like to see the fool in jail- he killed a guy, unjustly in my view. But so did Rittenhouse and he is held up as a 2nd amendment/self defense hero.
While I don't like the outcome or especially the way the DA's office did it, it is the burden of the state to prove charges beyond reasonable doubt. If they can't do that, they shouldn't.
FromMyColdDeadHand
03-11-2022, 16:27
Kyle's shoots were text book. Maybe he shouldn't have been there in the first place, as in a bad idea, not illegally- but the shoots were cleaner than clean.
This guy got shot for an open hand slap and then retreated- to which the shooter drew his weapon. It as only the editing of the pics that made it look like the shooter was shooting after the spray. The spray was in response to the pulling of the gun. Also, there are pics from behind the deceased, the shooter could have faced charges for that.
That the Kyle case went to court AND he had to take the stand AND he had all the evidence on his side AND he was still almost convicted, versus this guy not even going to court? Put it in a grand jury, let them parse it out.
Hey, if the net effect is that I can draw on a person after they bitch slap and retreat- I'm all for that. The DA in effect has lowered the bar for a self-defense shoot. This goes beyond a Stand-Your-Ground law.
RblDiver
03-12-2022, 01:57
On the flip side, there's no statue of limitations on murder, so if a different prosecutor with balls gets in, he can still be charged later, no double jeopardy.
Aloha_Shooter
03-13-2022, 01:55
He was formally charged with 2nd degree murder in October of 2020. The DA dropped the cases because, "We are not able to prove guilt beyond a reasonable doubt."
My point is the burden of proof the State must provide in order to get a conviction is likely less for manslaughter than 2nd degree murder, although if the claim of self defense is enough to dismiss the high charge, it likely would be in the lesser as well.
Which goes to my original post. Would the jury finding Rittenhouse not guilty due to self defense have an effect on this case? It looks to that it may have. The Denver DA looked at the outcome of that trial and may have concluded that this would turn out the same.
That seems much more likely than a backroom conspiracy where they gathered and someone said, "He was working for the news, which is promoting a leftist agenda. Let's let him go, he did the right thing killing that racist, Trump loving hate monger."
I don't think so. This DA would have prosecuted Rittenhouse to fullest extent. IMO, she dropped the case because she never wanted to prosecute the guy anyway. He only shot a deplorable anyway, she probably would have preferred to give him an award.
I can understand the prosecutors point. I hope he still has to answer for being unlicensed, which is probably just a fine or something.
Security guards require no licensing in Colorado.
kidicarus13
03-16-2022, 03:04
Security guards require no licensing in Colorado.I'm confused.89836
BPTactical
03-16-2022, 06:17
To my knowledge although a license is not required by the state Denver, City & County of requires a license.
Typical Denver.
Martinjmpr
03-16-2022, 07:27
Security guards require no licensing in Colorado.
There are a smattering of local jurisdictions that require licenses. Denver is one. Greenwood Village used to require one as well. I think Boulder might require a license but I'm not sure. It's been a couple of decades since I worked security so I don't know what the rules are now but Denver has required private guards to be licensed since before I turned 21 (and that was a LONG time ago. )
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