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99% of them were not involved. I don't think the victim that's going to die or be paralyzed knew what hit him. |
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Mob violence/actions complicate the situation quite a bit. We'd start having to talk about "common intent." |
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I'm flying through Houston this weekend. Come to the airport and I'll buy you a beer. |
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Now let's get rid of the asshats narccist who rise loud motorcycles too or cars |
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You think anyone in Washington heights would help an Asian guy being beaten and sliced up?
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If you come to beautiful Sunny Southern CA, shoot me a message Quote:
And HELLLL no I don't... Well... It depends... In TX, especially Houston, more than likely, at least ONE of the bikers would've had a gun, and in Houston, odds are that THAT CAR has it's own designated gun. So the outcome would have, and could have been WAYYYYYY different. |
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A reasonable perceived threat of death or bodily harm is enough for you to try and get away. It kind of sounds like you're saying they had to physically harm the driver before he's allowed to defend himself and his family. |
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You can't shoot guy 2 because guy 1 threatened you. |
In Texas they operate differently
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Considering the one who got hit as merely a bystander is also an uncertainty. We obviously don't know exactly what the RR guy was feeling or who he saw as a threat or who was an actual threat. I'm just saying it's plausible that the RR guy felt they were all going to attack him. It's also plausible to conclude that the motorcycle guy who's in a coma was one of the riders that used his bike/body to detain the SUV in the middle of the highway. |
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I'm sure the laws in NY are NOT the same. |
Man thats crazy. I would of felt threatened and would have reacted the same way as the guy in the RR. Glad to be a PA Resident concealed weapons permit baaziing.
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Just because the driver of the getaway car didn't actually rob the bank, the cops can still shoot him when they all try to escape. |
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TX allows for you to use force as necessary to stop trespassing, but you may not escalate to deadly force unless required. In addition, the castle doctrine protects your habitation (which precedent indicates as covering a forced entry to or removal from a vehicle), but not "property" as you state. Detached garages and land have been declared as not covered under the law. |
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(Driving a getaway car is a felony by itself, nevermind the precipitate involvement in conspiracy). If they can find evidence that crushed-femur-dude had been involved in planning this (say, they decided they'd rob some dude by getting in an accident and slashing his tires), then he becomes an accomplice. Otherwise, the connection is tenuous. |
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I survived Zdayz 2013... (barely) |
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2. Here's everything you need to know about castle doctrine (or whatever you call it) here in TX: Everyone here is armed and everyone here WILL shoot you if they find you in their home. If you want to argue legal technicalities with a TX homeowner pointing a gun at you, go right ahead. |
Texas has the "Law of Parties," when it comes to felony murder cases. Essentially, if a second person is a "party" to the one who commits the murder, that second person can be convicted of murder as well.
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Associate to the crime or something? |
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a- For the first part, it probably is reasonable that RR guy was feeling imminent threat to himself and his family; in fact, life-and-death threat. b- For the second part, we're dealing with mob violence or even a riot (it's a legal thing, not talking a race riot here), i.e. a group of persons coming together with shared intent. In this case, if that biker is part of the biker group, he'll probably be considered part of the riot group and responsible for violence caused by such group, even if he's suddenly not "feeling" like being a part of it anymore. It is probably reasonable to say RR guy would not have distinguished that guy as *not* part of the group. To turn that around to be less awkward, RR guy probably reasonably believed that biker a part of the riot group and not an innocent bystander. The law almost certainly will consider that guy part of the riot group. A lot of this is thanks to the biker's own video. |
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I haven't seen any charges pressed against roadkill for menacing. I haven't seen any behaviors from roadkill that would constitute evidence supporting a charge of menacing. Menacing is a Class A misdemeanor and does not give the victim the right to exercise deadly force. I see you edited that one line out from the section of the penal code:p Next? A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. Menacing in the second degree is a class A misdemeanor. - See more at: N.Y. PEN. LAW § 120.14 : NY Code - Section 120.14: Menacing in the second degree Quote:
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Yep, reasonable is the right word here. Plausible has a different meaning. Self-defense goes against the "reasonable person" test. Where are you getting the idea of a "riot group/" |
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On another note, doesn't everyone think it's rather odd that the video cuts out right before they pull the guy out of the SUV and start beating him. They also didn't post anything before the "first" incident. The guy who film it knew to edit it out. The question is why? |
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Possibly because they wailed on the guy. Possibly because the camera man thought they might wail on the guy. It's possible the footage is around somewhere if he edited it (rather than just turning the camera off). |
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You already know the answer to this. It is to not have video evidence incriminatating his fellow bikers. |
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*If* there was sufficient evidence to point to this event being a riot (unlawful assembly is far more likely), the guy in question is *at best* a participant and even that is a difficult reach. |
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