Month: January 2015

The strange case of The Schrödinger Felony Charge.

The The Schrödinger Charge refers to the possibility that the same action can be both a Forcible Felony or not and thus and individual be charged and sent to trial.

We start with the case of Jason Kinsey who shot and killed Tyrone Smith who was unarmed at the time (but was known to be a trained fighter)  and allegedly about to attack him. Mr. Kinsey was charged for the death of Mr. Smith, but the judge rejected it and accepted it was self-defense supposedly under Stand Your Ground. The State Attorney was not happy:

“The Stand Your Ground law and the appellate decisions have cheapened human life,” said Miami-Dade Chief Assistant State Attorney Kathleen Hoague. “The law encourages people to arm themselves and settle differences with deadly force. You can set up a confrontation, arm yourself and legally get away with murder these days.”

via Miami judge finds fists a potentially lethal threat in Stand Your Ground ruling | The Miami Herald.

I mean, Mr. Smith was unarmed, any reasonable person knows that unarmed people using only his fists and feet are unable to present a credible threat of death or grave bodily harm and the judge erred on allowing self-defense, right?

But that somehow does not explain why a charge of Second Degree Murder was sought for Roger Todd Perry who attacked Mohammad Hussein with his fist and later died as consequence of that hit. So the only explanation possible would be that we are in the presence of the very unusual The Schrödinger Felony Charge: It can be both applicable or not. But rather than being an issue of quantum mechanics, what we have is what I interpret as prosecutorial malpractice.

God knows how many times this legal version of the Three Card Monte has been applied and how many people whose only sin was not wanting to be beaten to a pulp are serving prison time and are doing so just because a prosecutor felt like carving a notch or had a fight with the significant other the night before. And once again it is my firm belief that the hatred prosecutors have for SYG is because they don’t get to play Erwin Schrödinger or more precisely, a unmerciful god.

You would think that the simple concept of equal application of the law would be a priority for those ho are supposed to seek justice, but unfortunately it seems they are just in a quest for a high percentage of guilty verdicts.

Installing fangs in FOPA.

New bill in Congress, H.R 131To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition.” Aimed at finally address the weakness that the Firearm Owners Protection Act has: Any State that wished could ignore the Safe Travel provision: If you are legal to own a gun and ammo where you live and you are legal to do the same where you are going, no State should arrest you because you don’t happen to be legal with their archaic gun laws. New York and New Jersey come to mind as pretty much a**hole states in this matter. The Gun Owner still must comply with specific ways to carry the firearm and ammunition while going through these badlands.

The bill includes this important section:

the term `transport’ includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation.

You no longer have to try rush through the Garden State to go potty or pray to the gods your vehicle (or you) does not break down in the Garden State.

But the best is this:

A person who is deprived of any right, privilege, or 
immunity secured by this section, section 926B or 926C, under color of 
any statute, ordinance, regulation, custom, or usage of any State or 
any political subdivision thereof, may bring an action in any 
appropriate court against any other person, including a State or 
political subdivision thereof, who causes the person to be subject to 
the deprivation, for damages and other appropriate relief.
    ``(2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as the court 
deems appropriate, including a reasonable attorney's fee.''.

You get falsely arrested by a cop for having a gun in your vehicle, you can sue both the cop, the agency and the state. This is the same principle used with success in Florida against politicians that were ignoring the State Pre-emption law by passing local regulations and suddenly got religion when they realized they could be personally sued for their shenanigans.

Hat Tip to the NRA-ILA

CSGV: The Race Card, Homophobia, White Privilege & Summary Executions because I don’t like you

Just a very small sampling of comments from two CSGV posts regarding the possible SWATting incident in Oklahoma.

CSGV Oklahoma Sheriff shooting

 

Both posts had close to 900 replies. Only a fraction of them asked the same question: “It does not make sense for the shooter to be free unless there is something else”. But not one single reply that I saw was from somebody who did their due diligence and spent 5 minutes searching for more information and coming up with the possibility of a SWATting event.

I know it is getting tiresome, but always check your sources, always try to find out more than the “official” statement. And even if you get it wrong, you know you did your effort and have no problem admitting and correcting any previous mistakes. But what we have above is a blind cult-like following who was more interested in apply all kinds of Social Justice principles to make the story true instead of searching for the truth. Tolerance is not an option with these people.