Idaho Stand Your Ground Claim--I don't think so

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johndoe3
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Idaho Stand Your Ground Claim--I don't think so

Post by johndoe3 »

http://www.khq.com/story/39353931/new-s ... s-shooting

Last Saturday evening, an unarmed person was shot in Post Falls, Idaho (goes to border with WA and between Coeur d'Alene and Spokane Valley, WA), after an argument between neighbors. The shooter claims a Stand Your Ground defense, but I think that's bogus and he will be convicted of murder. Story follows...what do you think?
Carlson is diagnosed with Multiple Sclerosis and his attorney says that any fight that Carlson would've gotten in that night, he wouldn't been seriously injured.

Carlson told police that Tyler Liles was on his property, yelling about a vehicle parked in Carlson's driveway.

Carlson stated when he asked Liles who he was, Liles replied, "It doesn't matter who I am."

That's when, documents say, Carlson informed Liles he was armed and going to stand his ground, Liles turned and Carlson fired one shot that killed Liles.

Prosecutors say Liles wasn't armed.

"It's a case of mistaken self-defense," prosecutors told the court Monday.

Prosecutors argue that the shooting wasn't justified under the newly passed "Stand Your Ground" law.

The law states that homicide is justifiable when committed in the defense of habitation, including property.
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doubloon
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Re: Idaho Stand Your Ground Claim--I don't think so

Post by doubloon »

Turned in what direction?

Turned to run away or turned to attack?
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Re: Idaho Stand Your Ground Claim--I don't think so

Post by T-Rex »

Not enough info to base a decision. Especially one as important as this. If there's no more to the story than this, guilty.

Story doesn't illustrate any threat, neither to property nor person.

Yeah, what doubloon said. If I was a juror, saying "he turned", regardless of direction, wouldn't convince me of a threat. If he turned away, where's the threat? If he turned towards you, it could be because he didn't hear you say something.
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doubloon
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Re: Idaho Stand Your Ground Claim--I don't think so

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In Texas deadly force is defensible at night under broader conditions but I don't see any of that information in the story either.
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Re: Idaho Stand Your Ground Claim--I don't think so

Post by poikilotrm »

I had a homeless lunatic stand next to my apartment one night who screamed "Chicken and beans! Chicken and motherfucking beans!" over and over for about two hours. Later I found him sleeping in my stairwell.

He was no threat to me, or anyone else. Simply shouting while on someone's property, with no obvious or implied threat and no history of prior difficulties, fails the reasonable man standard.

Murder. Second degree.
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doubloon
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Re: Idaho Stand Your Ground Claim--I don't think so

Post by doubloon »

poikilotrm wrote:I had a homeless lunatic ...
Agreed and most likely the case here.

Call the popo before shooting if there is no immediate threat is the prudent course of action.
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