Month: April 2023

The Law in the Andrew Lester Shooting

We’ve heard the press statements, and some of it is pretty obviously slanted. Andrew Branca has done a couple of videos on it so far.

Yesterday, he brought up that you can use deadly force under other circumstances than in protection of self or others. In this case, he brought up Missouri laws on defense of highly defensible property.

The currently known facts show that Ralph Yarl was on Lester’s property. He was found shot on Lester’s property. We know that Yarl was 16 years old, large, black, and six foot tall or a bit more.

This can be seen as intimidating.

563.031. Use of force in defense of persons.

  1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:
    1. The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:
      1. He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or
      2. He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or
      3. The aggressor is justified under some other provision of this chapter or other provision of law;
    2. Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
    3. The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.
  2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
    1. He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
    2. Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or
    3. Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual, or is occupied by an individual who has been given specific authority by the property owner to occupy the property, claiming a justification of using protective force under this section.
  3. A person does not have a duty to retreat:
    1. From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;
    2. From private property that is owned or leased by such individual; or
    3. If the person is in any other location such person has the right to be.
  4. The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.
  5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.

Revised Statutes of Missouri, RSMo Section 563.031

The words in red are the ones to note. The question before the court is likely to become “Was Yarl attempting to unlawful enter as perceived by a reasonable person?” If this happens it is likely that the shooter will be found not guilty.

On the other hand, black person shot by white man, chances of white man getting convicted is damn high, even with no other evidence but for the skin color.

3 White Supremacists arrested in Alabama Sweet 16 shooting.

No, they were not White Supremacists, or it would be non-stop on the news and even home delivered with your morning sunshine.

The shooting started about an hour after someone with a gun was barred from the celebration, said party DJ Keenan Cooper, who reported hearing shots from multiple attackers.

3 arrested in Alabama Sweet 16 shooting that killed 4 and injured 32 (nbcnews.com)

Although there are no details from the cops yet (And I doubt we will get some willingly before trial) I keep seeing this theme: somebody got butthurt about something said/done to him and decided to escalate because they can’t be “dissed” or whatever is the latest slang word is.  From other sources I read that the shooters were not even invited to the party, so go figure if they were doing a “favor” to somebody or they were trying to crash the party and were not allowed.

I believe the last party I attended was sometime in the last century and I am planning on keeping the tradition till the day I croak. But to be truthful, the reasons are 50% security and 50% I don’t like big gatherings of people since stats tell us there will be a certain number of assholes present that will ruin your mood.

I can have my mood ruined at home with all the comforts.

 

Portland permissive parenting

Miguel already covered this dad, but I’m going to give my two cents.

Portland is the home to permissive Leftism.

The entire city is one big open air drug den, tent city, and RV parking lot of addicts and criminals.

Why?

Because, in the mind of the modern Leftist, it’s evil and tyrannical to tell people not to do drugs and shop lift and live utterly self destructive lives.

God forbid you mandate someone go to rehab, that’s a crime against their liberty.

This documentary on the death of Portland covers this, one man saying that the people of Portland “confused compassion with tolerance.”

 

That theme exists in this documentary about Seattle (which I’ve posted before).

 

Not just has the Left confused compassion for tolerance, they have confused Liberty with Libertine.

Anything drug or sex related goes.

This is how this dad parents.

Full permissive Libertine parenting.

That’s how he has to worry that his 12-year-old will get pregnant or overdose.

But it’s going to be as effective at raising a healthy daughter as it is as creating a functional city.   Not at all.

And he’s doing it for the same reason, and here is where I agree with Miguel, because it’s more virtuous on the Left to be seem being this sort of Liberal and having failed results than it is to tough love and have success.

He’s a good dad to the Left because he’ll let his daughter have sex and do drugs.

The Conservative dads who tell their children not to do drugs and to control their urges are the bad ones.

With this attitude, his daughter will grow up to be a failure, but at least he’ll get credit for being supportive.

Also, I can guarantee he absolutely wouldn’t own a gun to protect his family.  That’s evil.  Stocking Plan B for 12-year-olds is not.

 

Bad Numbers, link dump

I’ve been working on a post that is taking a bit of research. It has required me to examine over a dozen cases and search the dockets of each one looking for supplemental testimony. I.e. experts weighing in with their opinions. So instead you get:

All those links to people claiming horrible numbers of people have somebody in their family that was killed bywith a gun.

Here is a link to another WTF are they talking about article.

Originally brought to my notice by 90 Miles From Tyranny

The pathetic deaths to which Great Britain has fallen

Welcome to Great Britain, where your kitchen utensils will be seized.

Kitchen knives could be seized from homes of suspected criminals under new Home Office plans being considered

Kitchen knives could be seized from the homes of suspected criminals under a proposed Home Office plan.

According to The Telegraph, the move is one of numerous measures created to harden up sentences for selling, importing and possessing knives.

The Ben Kinsella Trust noted an 11 per cent increase in knife crime in England and Wales in the 12 months to September 2022, with police recording 50,434 offences involving a knife or sharp instrument during that period.

Ministers have pointed out that police have their hands tied when raiding suspected criminal’s homes if they come across weapons that are not on the banned list, including machetes.

Officers are not allowed to seize weapons if they are not banned, even if they are suspected to have been used in crimes.

Machetes are set to be outlawed under plans to be announced by ministers today.

Sales of the long-bladed weapons will be banned except for legitimate use, such as gardening and outdoor pursuits.

The Left loves to tell us how England effectively banned guns which is why they don’t have the gun homicide rate we do.

The repeat that to distract from the fact that their knife homicide rate rivsls our gun homicide rate.

So what are they doing?

Banning just about every type of knive available and are going take tye kitchen knives away from suspected criminals.

Yup, all of Great Britain is going to be one big maximum security prison where even the cooking implements are tightly controlled.

I have a feeling that sometime next year I’m going to be posting about how kitchen knives in England are going to have to be cable locked to the kitchen counter and only the police will have the key.  Either that or all food in England will be sold pre-cut and nobody will have kitchen knives without a restaurant license.

You absolutely cannot control crime by limiting access to the items people use to commit crimes.  You end up going down the path of England which has banned everything pointy and still can’t stop the savage underclass from killing people.

And Media lies once again: Florida to execute Child Rapists.

I finally game myself time to red about the Florida Bill to impose the death penalty on Child Rapists.  I was looking for some reactions to the bill from some lefties I had seen, and I bumped into this tweet:

I highlighted the date on purpose. Amendment 813391, filed on 3/30/2023 and approved on 3/31/2023 reads:

This order is repeated several times in the bill. The “confusion” comes with this section of the bill about Jury recommendations:

So, Reuters and many other Propagandists lie about the bill at least 2 weeks later after the amendments.

Same as with the Zimmerman case, Jury recommendations were used to throw people off the rest of the bill. I have no idea how or why Jury Recommendations work in Florida (I know previous cases have been dismissed for lacking to give choices to juries), but it does not matter if 8 out of 12 recommend death penalty, the bill is firm on unanimous finding on two aggravating factors. It is only after the Jury has found unanimously on two aggravating factors that only 8 can decided to recommend the death penalty, otherwise is a recommendation for Life in Prison.

 

 

As usual, the truth of the bill is much more than the simplistic views given by the Propaganda Media including a long list of mitigating circumstances to be included in the considerations. My prediction? Everybody is target fixated with the death penalty, but what will really be capitalized is Life Without Parole which is the almost automatic default for when Juries may balk at having the child rapist injected with the cocktail.

Once again, Read The Bill. Make your own observations.

And by the way, Dear Tennessee Legislature, you should be thinking really hard about doing your own law.