Ewa Beach Shooting (Read 32176 times)

changemyoil66

Re: Ewa Beach Shooting
« Reply #60 on: April 23, 2018, 10:03:25 AM »
http://www.secondcalldefense.org/firearm-attacked-court

Good read, thanks Flapp.

But this is why how you articulate everything is very important.  And why remaining silent is the best course of action until you speak to an attorney.

I've been told from a very reliable source that even Cerakoting a gun comes into question.  "Why did you paint this gun?  Was your intent to make it look like a toy?".

Unfortunately, this is the world we live in now.  The criminal who isn't supposed to be in your home has more rights than the homeowner.

« Last Edit: April 23, 2018, 10:21:59 AM by changemyoil66 »

zippz

Re: Ewa Beach Shooting
« Reply #61 on: April 23, 2018, 11:05:44 AM »
Losing a trial because of reloading rounds for self defense is way overblown as is at the bottom of the priority list.  Training, attitude, discipline, and knowledge are at the top.  I'm sure the person in this case was lacking in those areas.

I would discourage reloads for other reasons such as reliability.

drck1000

Re: Ewa Beach Shooting
« Reply #62 on: April 24, 2018, 07:51:33 AM »
Any number of things could have happened.  Some how I don't think the guy was quietly trying to get through the door...     Tragic, but I cannot blame the homeowner at all, with the limited current evidence that was given.
Yeah, I agree that any number of things could have happened.  I wasn't jumping to conclusions, but was just sharing my initial thoughts.  I am hoping that there's a rational explanation that explains what happened.  From the limited information given (I wouldn't even call what I've seen evidence), I personally don't see things going well for the homeowner. 

drck1000

Re: Ewa Beach Shooting
« Reply #63 on: April 24, 2018, 07:59:49 AM »
Losing a trial because of reloading rounds for self defense is way overblown as is at the bottom of the priority list.  Training, attitude, discipline, and knowledge are at the top.  I'm sure the person in this case was lacking in those areas.

I would discourage reloads for other reasons such as reliability.
The "home rolled" SD rounds and firearm modifications thing comes up all the time. 

I discussed this with one of my best friends many times.  He's a former prosecutor and also somewhat gun enthusiast.  I've also discussed this with his attorney friends, many who still work on that side of the system.  They all agree that if the element is legal, it should not have any bearing.  Yes, a prosecutor could try to use that to sway the jury, but they all mentioned that a good defense attorney should be able to handle that.  The main point was that it comes down to if the use of deadly force is justified. 

Again, that's not to say that such things could not be used against you in the court of law, or in a civil suit, etc.  Just that it seems like this is another one of those cases where perpetuation of myth over reality. 

Personally, I don't alter the triggers on any gun that I might use for defense.  However, that's more not wanting to go down that rabbit's hole of seemingly endless mods to my firearms than anything else. 

changemyoil66

Re: Ewa Beach Shooting
« Reply #64 on: April 24, 2018, 08:32:04 AM »
The "home rolled" SD rounds and firearm modifications thing comes up all the time. 

I discussed this with one of my best friends many times.  He's a former prosecutor and also somewhat gun enthusiast.  I've also discussed this with his attorney friends, many who still work on that side of the system.  They all agree that if the element is legal, it should not have any bearing.  Yes, a prosecutor could try to use that to sway the jury, but they all mentioned that a good defense attorney should be able to handle that.  The main point was that it comes down to if the use of deadly force is justified. 

Again, that's not to say that such things could not be used against you in the court of law, or in a civil suit, etc.  Just that it seems like this is another one of those cases where perpetuation of myth over reality. 

Personally, I don't alter the triggers on any gun that I might use for defense.  However, that's more not wanting to go down that rabbit's hole of seemingly endless mods to my firearms than anything else.

It's only a matter of time "why did you mod all your other guns, but the one used in the shooting?  Was your intent to use this 1 only for deadly intentions?"

drck1000

Re: Ewa Beach Shooting
« Reply #65 on: April 24, 2018, 09:00:00 AM »
It's only a matter of time "why did you mod all your other guns, but the one used in the shooting?  Was your intent to use this 1 only for deadly intentions?"
I only have modded the trigger on my Glock 34 and pretty much only use that for competition. 

I could envision that line of questioning coming up in a given trial.  That said, just need to prepare and respond accordingly.  Not much different than training/preparing for a self-defense situation.  You can't control how others will act, you can only control how you react/respond. 

Heavies

Re: Ewa Beach Shooting
« Reply #66 on: April 24, 2018, 10:44:50 AM »
Yeah, I agree that any number of things could have happened.  I wasn't jumping to conclusions, but was just sharing my initial thoughts.  I am hoping that there's a rational explanation that explains what happened.  From the limited information given (I wouldn't even call what I've seen evidence), I personally don't see things going well for the homeowner. 
Maybe not bad for the homeowner.  I've read that the person was "released pending further investigation"  (meaning the homeowner was not actually charged?)

Any reasonable person would believe serious or deadly bodily injury may occur, if someone is trying to kick down your door at 3am.

robtmc

Re: Ewa Beach Shooting
« Reply #67 on: April 24, 2018, 10:49:31 AM »
It's only a matter of time "why did you mod all your other guns, but the one used in the shooting?  Was your intent to use this 1 only for deadly intentions?"
Modofied AR with You're F*cked" on the dust cover did not seem to expose that cop in AZ that executed the unarmed guy to added jeopardy.

drck1000

Re: Ewa Beach Shooting
« Reply #68 on: April 24, 2018, 01:16:47 PM »
Maybe not bad for the homeowner.  I've read that the person was "released pending further investigation"  (meaning the homeowner was not actually charged?)

Any reasonable person would believe serious or deadly bodily injury may occur, if someone is trying to kick down your door at 3am.
Yeah, from what I understand he was released without charges, but pending further investigation.  And I am not meaning that I am expecting things to go bad for the homeowner.  Just that what information was made available, my personal opinion (which counts for pretty much nothing) is that the situations ranges from "someone's got some explaining to do" at the minimum. 

changemyoil66

Re: Ewa Beach Shooting
« Reply #69 on: April 24, 2018, 01:40:08 PM »
Modofied AR with You're F*cked" on the dust cover did not seem to expose that cop in AZ that executed the unarmed guy to added jeopardy.

The dust cover didn't help.  Especially when the pic of the rifle used, had the cover down.  What probably did help the most was his body cam.  He gave multiple commands and the guy reached down at his waistband multiple times also.  So take the body cam away, his defense attorneys job isn't any easier with that dust cover.

Some  of us don't have audio/visual cams set up.

Bcspy

Re: Ewa Beach Shooting
« Reply #70 on: April 24, 2018, 03:06:46 PM »
Interesting topic. I believe having a sign posted around your house with no trespassing, lights around dark entry points, beware dogs on property, lock gates, cameras with house alarms signs posted would help with your defense case of intruder trying to entering you property without permission. I would tell attorney that I did what I can to prevent it. Shooting intruder you better justify that you life and family member is in great danger and last resort. Call 911 if time permits or have someone call. For my dc I use factory hollow point rounds to only stop the threat. Use similar semi pistol and caliber that I mostly train and comfortable with only 10 rounds or less. No trigger mod, just light factory trigger.  I wouldn’t be that guy setting off the round without not knowing what was behind the door. Move back take cover, protect your family from harm. That’s just me. For all the people that know me I heavily mod all my firearms except the dc.
« Last Edit: April 24, 2018, 03:14:31 PM by Bcspy »

eyeeatingfish

Re: Ewa Beach Shooting
« Reply #71 on: April 24, 2018, 04:17:45 PM »
Modofied AR with You're F*cked" on the dust cover did not seem to expose that cop in AZ that executed the unarmed guy to added jeopardy.

I think that is because the video was bad enough.

zippz

Re: Ewa Beach Shooting
« Reply #72 on: June 05, 2018, 07:42:16 PM »
Case isn't over yet, charged with manslaughter.  I'd like to see what evidence they have and what happened.  Did he have a reasonable fear for his life?  Did he lack sufficient training?

Grand jury returns manslaughter indictment in Ewa Beach front door shooting

http://www.staradvertiser.com/2018/06/05/breaking-news/grand-jury-returns-manslaughter-indictment-in-ewa-beach-front-door-shooting/

macsak

Re: Ewa Beach Shooting
« Reply #73 on: June 05, 2018, 07:57:12 PM »
Case isn't over yet, charged with manslaughter.  I'd like to see what evidence they have and what happened.  Did he have a reasonable fear for his life?  Did he lack sufficient training?

Grand jury returns manslaughter indictment in Ewa Beach front door shooting

http://www.staradvertiser.com/2018/06/05/breaking-news/grand-jury-returns-manslaughter-indictment-in-ewa-beach-front-door-shooting/

there was a locked door between them, and the victim was outside his house
no reason for deadly force in this case

Drakiir84

Re: Ewa Beach Shooting
« Reply #74 on: June 06, 2018, 07:58:53 AM »
there was a locked door between them, and the victim was outside his house
no reason for deadly force in this case

Agree 100%
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

changemyoil66

Re: Ewa Beach Shooting
« Reply #75 on: June 06, 2018, 10:00:28 AM »
This guy is screwed, plus the unregistered firearm violation.  I wonder what his argument will be?

zippz

Re: Ewa Beach Shooting
« Reply #76 on: June 06, 2018, 11:02:18 AM »
This guy is screwed, plus the unregistered firearm violation.  I wonder what his argument will be?

He can claim the gun went off accidentally.  It was really early in the morning so he was groggy.  Scared because someone was pounding on the door making threats.  He had the gun pointed at the door incase the person broke through the door.  Under extreme stress he accidentally pressed the trigger.  Jury could determine it's a reasonable defense.  Might get him off a manslaughter charge cause he was prepared to defend himself and unknowingly pressing the trigger was accidental and not reckless.

Still screwed with the firearms charges and a civil suit.

changemyoil66

Re: Ewa Beach Shooting
« Reply #77 on: June 06, 2018, 11:26:02 AM »
He can claim the gun went off accidentally.  It was really early in the morning so he was groggy.  Scared because someone was pounding on the door making threats.  He had the gun pointed at the door incase the person broke through the door.  Under extreme stress he accidentally pressed the trigger.  Jury could determine it's a reasonable defense.  Might get him off a manslaughter charge cause he was prepared to defend himself and unknowingly pressing the trigger was accidental and not reckless.

Still screwed with the firearms charges and a civil suit.

Or if he claims the guy was making threatening remarks through the door. 

What ever happened to the guy who shot the other guy while he was jumping his fence?

Drakiir84

Re: Ewa Beach Shooting
« Reply #78 on: June 06, 2018, 01:37:03 PM »
He can claim the gun went off accidentally.  It was really early in the morning so he was groggy.  Scared because someone was pounding on the door making threats.  He had the gun pointed at the door incase the person broke through the door.  Under extreme stress he accidentally pressed the trigger.  Jury could determine it's a reasonable defense.  Might get him off a manslaughter charge cause he was prepared to defend himself and unknowingly pressing the trigger was accidental and not reckless.

Still screwed with the firearms charges and a civil suit.

Whether or not it's accidental doesn't matter.  He's being charged with manslaughter, not murder.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

zippz

Re: Ewa Beach Shooting
« Reply #79 on: June 06, 2018, 06:49:15 PM »
Whether or not it's accidental doesn't matter.  He's being charged with manslaughter, not murder.

It being accidental would play a big part in the defense for manslaughter.  For manslaughter, prosecutors have to prove "(a) The person recklessly causes the death of another person".  If the homeowner was in genuine fear for his life then aiming a gun at the door would not be a reckless act.  If extreme mental stress affected him, then unintentionally pressing the trigger would not be a reckless act.  It could be negligent, but not reckless.

A jury would then find it reasonable that he's not guilty of manslaughter.  If he was a trained law enforcement officer or self-defense instructor then it could be different because it would be reasonable to assume they are able to handle the stress and follow proper procedures like keeping the gun at the low ready and finger off the trigger until ready to shoot.

Note:  I'm assuming that this guy didn't have much or any firearms training.
« Last Edit: June 06, 2018, 06:56:54 PM by zippz »