Month: January 2019

My thoughts on the Wichita shooting

This was another article from The Wichita Eagle.  I bolded several important points.

Armed customer killed 16-year-old armed robbery suspect at Wichita gas station, police say

The suspect in an armed robbery who was shot in the head by a customer at a south Wichita gas station died at the hospital, police said.

Wichita police did not identify the person who was killed, but said in a Saturday news release that he was a 16-year-old male. The customer who shot him has not been arrested.

Police have not said whether the 16-year-old was armed when he was shot. The man who shot him was robbed before he opened fire, Lt. Chris Halloran said. It’s unclear how many shots he fired.

Those details are expected to emerge from a full investigation, police said. Twenty-four hours after the shooting, the store remained closed as detectives worked to piece together evidence at the crime scene — of both the robbery and the shooting.

Here’s what police have said so far: Around 2:45 p.m. on Friday, police were called to a shooting at B and H Fast Trips, 2796 S. Seneca, a gas station and convenience store near 26th and Seneca in south Wichita. Four people had “entered the store, pointed handguns at an employee and customers, and demanded money,” Wichita police said in a news release.

The robbers took money and cigarettes, police said.

The 16-year-old was shot by a 42-year-old male customer who pulled his gun and fired multiple shots at the alleged robbers. The other three suspects fled the store, police said.

To bullet point the relevant facts:

  • The dead person is 16
  • The shooter is 42
  • The dead person was part of a group engaged in armed robbery
  • At least a couple of people in the group had guns
  • The shooter fired at the robbers in general

This is what I found on the internet for felony murder in the state of Kansas:

In the state of Kansas, the common law felony murder rule has been codified in K.S.A. 21-3401. The statute defines first degree murder as, among other things, homicide in the commission of, attempt to commit, or escape from an inherently dangerous felony. Inherently dangerous felonies are defined in K.S.A. 21-3436 and include armed robbery, arson, and aggravated burglary.

Forthermore Felony Murder Rule is a legal concept that:

[A]llows a defendant to be charged with first-degree murder for a killing that occurs during a dangerous felony, even if the defendant is not the killer. The felony murder rule applies only to those crimes that are considered “inherently dangerous,” as the rationale underlying the felony murder rule is that certain crimes are so dangerous that society wants to deter individuals from engaging in them altogether. Thus, when a person participates in an inherently dangerous crime, he or she may be held responsible for the fatal consequences of that crime, even if someone else caused the actual death.

The felony murder rule is an exception to the normal rules of homicide. Normally, a defendant can be convicted of murder only if a prosecutor shows that the defendant acted with the intent to kill or with a reckless indifference to human life. Under the felony murder rule, however, a defendant can be convicted of murder even if the defendant did not act with intent or a reckless indifference; the prosecution must show only that the defendant participated in a felony where fatalities occurred.

I am not a lawyer, so I am curious how if it turns out that the 16 year old didn’t have a gun, since he was part of a group that did, the shooter is still protected because he was part of a conspiracy to commit an inherently dangerous felony.  I’m guessing yes.

It would also seem that the other people involved in the robbery would be charged with the death of their 16 year old accomplice.

Most importantly here, the person who died was 16.  I’m going to go out on a limb and think that the others in the group were probably the same age or close to it.  A bullet fired by a kid is just as lethal as one fired by an adult, so the protections – as well as morality – should apply here, regardless of the potential for this to turn into a media circus.

I’ve said it before, you never know what the bad guy is going to be until they point a gun at you.  It could be a adult male, it could be a teenage girl, it could be any variation there-of.  You need to be prepared to react regardless.

I’m going to follow The Wichita Eagle for a little bit to see what this case evolves into.

The Wichita Eagle: Self Defense = Murder.

Some people simply do not like self-Defense.

We know that the title is legally correct since the killing of a human being in self-defense is a justifiable homicide and thus belongs in the lists with other homicides. But the author, the newspaper and us also know that majority of people do not make a distinction between murder (the illegal taking of a human life) and homicides in general and will deduce that all killings are illegal or unjustified including self-defense. Or at least give Self Defense a patina of illegality or immorality.

Tom Knighton over Bearing Arms hits it right in the head on the political side.

In case you’re unable to see where it’s going with this, it’s blaming Stand Your Ground for the increased number of deaths.

This, however, is total male bovine excrement.

For one thing, each of those self-defense killings represents someone who was in fear for their life. That means there’s a good chance that most or all of those situations would have resulted in someone getting killed either way, possibly more than one someones. The fact that Kansas required people to try and retreat prior to 2007 doesn’t mean people would have been successful by any stretch. It actually could have led to more fatalities as people tried to get away in compliance with an arcane and evil law rather than use those precious seconds to defend themselves.

As we have seen in Florida, the hate for Stand Your Ground has no limits. We have seen newspapers fail to mention data collected by themselves but which gives SYG a positive light and to this day, they will not stop associating Stand Your Ground  with the acquittal George Zimmerman even though it had no bearing on the trial, specially when the trial itself proves that SYG was not used.

The appeal of eliminating Stand Your Ground is great. Most of the cases are open and shut: there is a victim and a suspect present with the weapon used also available. Lazy homicide investigators wet their pants for cases like this because if they can make it stick, it goes in the positive side under cases solved and the unit’s rate also goes up. Prosecutors have also the same incentive to pad the number of his triumphs with a case like this which they can determine to be a murder and it is already tied with a big red bow like it was a Christmas gift. And count it as a winning lotto ticket if it can be tied to some minority issue on an election cycle .

So, an article which was supposed to be a plain report on murders during 2018, became a political call to demand a discount on the lives of the citizens of Wichita as they step outside their homes.

Louis CK is in even more trouble

If you weren’t paying attention, the comedian Louis CK got in trouble for sexual harassment.

His thing was that he liked to rub one out while looking at a woman.  Not like he was creeping in the bushes and peeping at them through their windows.  He would ask them if he could look at the while he pleasured himself.  It was all consensual.  But in the witch hunt of the #MeToo movement, that was still enough to get him in trouble.  Apparently because he was famous, it really wasn’t consensual because his fame gave him power which he abused [social justice word salad].

Yeah, of all the sexual misconduct that came out of Hollywood, a comedian asking a fan “can I look at you fully clothed while I jerk off?”  Is way down on the list of terrible things.  CK’s real problems are that he’s ugly and not famous enough.

If Daniel Craig did the same thing… yeah.

It’s so pathetic that you almost feel bad for him.  I think that’s why he was let out of #MeToo purgatory so quickly.

Well, new information about Louis CK was leaked that may actually destroy his career and blacklist him from Hollywood forever.

He made fun of the Parkland kids.

That is dead on accurate and hilarious.

Unfortunately for him, the Parkland kids are sacred.  They are Left wing anti-gun activist victims.

You can make fun of Trump, Christians, Republicans, and white men all you want.  Say as horrible shit as you can image and it’s all good.  Poke fun at some obnoxious kids who are high on their own victim status cursing at thee NRA and you’ve gone over the line.

I like his stand-up.  I have a feeling I would have liked his comeback special.  After this, I don’t think that will ever happen.