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12-01-2017, 03:14 PM
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#31
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by bambino
You said it wasn’t a big crime. I said ask the Steinle family if it wasn’t a big crime. WTF don’t you understand about that? You fucking moron.
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There are a lot of folks who "called it a murder" ... which is a serious crime. But right now by law he is innocent of "murder" and he is innocent of any form of "manslaughter"! The horrific impact of having a loved one killed is not relevant to the legal issues.
It may be relevant to the punishment of the CONVICTED person, but until that person is CONVICTED of the killing it is NOT RELEVANT.
I hope some of you arm-chair jurors don't have a CHL and "carry" a firearm anywhere!!!! If it discharges and you didn't intend for it to fire ... guess what ... according to your own analysis.
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12-01-2017, 03:37 PM
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#32
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Valued Poster
Join Date: Jul 7, 2010
Location: Dive Bar
Posts: 40,411
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Quote:
Originally Posted by LexusLover
There are a lot of folks who "called it a murder" ... which is a serious crime. But right now by law he is innocent of "murder" and he is innocent of any form of "manslaughter"! The horrific impact of having a loved one killed is not relevant to the legal issues.
It may be relevant to the punishment of the CONVICTED person, but until that person is CONVICTED of the killing it is NOT RELEVANT.
I hope some of you arm-chair jurors don't have a CHL and "carry" a firearm anywhere!!!! If it discharges and you didn't intend for it to fire ... guess what ... according to your own analysis.
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I said none of that. I just said ask the Steinle family their perspective. Maybe they just shrugged their shoulders and said that’s the way it goes. A tragic accident.
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12-01-2017, 03:49 PM
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#33
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Lifetime Premium Access
Join Date: Jan 1, 2010
Location: houston
Posts: 48,267
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Quote:
Originally Posted by bambino
You said it wasn’t a big crime. I said ask the Steinle family if it wasn’t a big crime. WTF don’t you understand about that? You fucking moron.
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The Steinle family is not the jury , nor is the defendants family.
We could ask his family if it was a big deal to overcharge him with murder.
I just wish LL had sets the odds on not guilty and seen how the betting went!
I'm guessing a bookie could have cleaned up because of the lopsided betting!
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12-01-2017, 05:35 PM
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#34
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Valued Poster
Join Date: Jul 7, 2010
Location: Dive Bar
Posts: 40,411
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Quote:
Originally Posted by WTF
The Steinle family is not the jury , nor is the defendants family.
We could ask his family if it was a big deal to overcharge him with murder.
I just wish LL had sets the odds on not guilty and seen how the betting went!
I'm guessing a bookie could have cleaned up because of the lopsided betting!
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No shit you fucking asshole. They just have a dead daughter. Why didn’t they charge him for hunting Sea Lions without a license? Just think if he actually killed a Sea Lion. Those faggots in San Francisco would be hanging from that pier today.
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12-01-2017, 06:24 PM
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#35
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BANNED
Join Date: Jan 3, 2010
Location: Clarksville
Posts: 60,189
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Jesus.
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12-01-2017, 07:45 PM
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#36
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Valued Poster
Join Date: Jul 7, 2010
Location: Dive Bar
Posts: 40,411
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Quote:
Originally Posted by Yssup Rider
Jesus.
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Jesus is right. It’s the truth. I meant hanging Zarate.
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12-01-2017, 09:57 PM
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#37
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Premium Access
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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Quote:
Originally Posted by Yssup Rider
Jesus.
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amen!
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12-01-2017, 10:10 PM
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#38
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Valued Poster
Join Date: Aug 21, 2010
Location: reynoldsburg, ohio
Posts: 3,271
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Quote:
Originally Posted by LexusLover
Well, you go ahead. You're less likely to get a conviction when you "over charge"! As for "no such thing" as an "accidental discharge" you are VERY INCORRECT.
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I spent 20 years in the NAVY working over 7 of those years with Security forces, whether in Bahrain on the Auxiliary security force, On All 3 ships, or with the Seabees. SO YES I DO know , there is no such thing as an accidental discharge.
What is YOUR experience with firearms??
Quote:
Originally Posted by LexusLover
"manslaughter all the way"! Oh, come on!
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If you run someone over and KILL him in your vehicle, are you guilty of merely assault, or can you be guilty of Vehicular homicide via negligence??
SO how is it DIFFERENT for firearms? If you negligently discharge the weapon, killing someone why SHOULDN'T that count as manslaughter? Just like if i get into a fight with you and Kill you from repeated blows to the head?
Quote:
Originally Posted by LexusLover
I hope some of you arm-chair jurors don't have a CHL and "carry" a firearm anywhere!!!! If it discharges and you didn't intend for it to fire ... guess what ... according to your own analysis.
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Yes i do, and YES i know via law that if cause of my carrying, and i negligently discharge it, i can be (and often will be) charged..
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12-02-2017, 01:41 AM
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#39
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Valued Poster
Join Date: Nov 11, 2014
Location: dallas
Posts: 1,630
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Quote:
Originally Posted by garhkal
I will agree there, but i would rather Over charge, than under charge..
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Then this SOB should've been charged with murder.
http://yahoo.com/news/hunter-charged...175711756.html
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12-02-2017, 02:03 AM
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#40
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Valued Poster
Join Date: Nov 11, 2014
Location: dallas
Posts: 1,630
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Quote:
Originally Posted by garhkal
Sorry but i call bupkis. Unless the GUN is faulty, there is no such thing as an accidental discharge.. NEGLIGENT discharge maybe, but that should still have brought up charges of Manslaughter (negligent killing which was not planned for)..
Well several sources claimed he fired it 'after stepping on a seal." another said it was cause he was shooting at the seal. Either to me sound like he INTENDED to fire the gun, just not into a human, so that's manslaughter, all the way.
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Now you explain it to me why this POS is not charged at all. Because he doesn't look "brownie"?
http://nbcnews.com/news/us-news/fath...-range-n603531
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12-02-2017, 02:36 AM
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#41
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by garhkal
What is YOUR experience with firearms??
Enough to have been around "accidental discharges" in doors and out doors... since an early age to answer your question ... around 4-5 ... and I am familiar with "accidental discharges" on ranges and in the field.
....in your military paper shuffling there won't be a box to check saying "accidental discharges" kinda like there ain't no "Caucasian" box to check on government forms, but the military experience has absolutely NOTHING TO DO with civilian assessments of the basis for a discharge of a firearm.
You don't know about what you speak.
If you run someone over and KILL him in your vehicle, are you guilty of merely assault, or can you be guilty of Vehicular homicide via negligence??
SO how is it DIFFERENT for firearms? Different statutes #1!
If you negligently discharge the weapon, killing someone why SHOULDN'T that count as manslaughter? Because there are specific criminal statutes.
Just like if i get into a fight with you and Kill you from repeated blows to the head? That's murder, and it wouldn't be an "accident" if I double-tapped your ass before you got your first swing completed.
Yes i do, and YES i know via law that if cause of my carrying, and i negligently discharge it, i can be (and often will be) charged. As you just discovered, being "charged" and being "convicted" are two different events with different consequences. (But may be you haven't actually discovered that yet!)
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Your alleged military experiences are not relevant to a boardwalk environment in San Francisco involving a homeless guy who found a pistol somewhere, who may or may not have known it was loaded or how to even operate the damn thing.
Here is the California Penal Code provision on "Accident" as it relates to the Jury Charge Instructions:
3404.Accident (Pen. Code, § 195)
<General or Specific Intent Crimes>
[ The defendant is not guilty of <insert crime[s]> if (he/she)
acted [or failed to act] without the intent required for that crime, but acted instead accidentally. You may not find the defendant guilty of <insert crime[s]> unless you are convinced beyond a reasonable doubt that (he/she) acted with the required intent.]
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12-02-2017, 02:42 AM
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#42
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by andymarksman
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Is that the woman who he shot at night because he thought she was a deer? (I didn't bother to read the link.) That wasn't an "accident" .... he was intentionally shooting at a deer!
That's his story and he's sticking to it!
Hopefully, it won't be discovered he knew her ... unlike the "Illegal Alien" who didn't know the person standing about 100 fee away when a round bounced off the sidewalk and hit her in the back!
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12-02-2017, 02:57 AM
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#43
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Premium Access
Join Date: Jan 9, 2010
Location: Nuclear Wasteland BBS, New Orleans, LA, USA
Posts: 31,921
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why was he shooting at seals?
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12-02-2017, 03:16 AM
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#44
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Valued Poster
Join Date: Jan 16, 2010
Location: Texas
Posts: 51,038
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Quote:
Originally Posted by dilbert firestorm
why was he shooting at seals?
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Who testified he was? Here's the "rest of the story" legally:
Quote:
California Criminal Jury Instructions (CALCRIM) 510.
Excusable Homicide: Accident
The defendant is not guilty of (murder/ [or] manslaughter) if (he/she) killed someone as a result of accident or misfortune. Such a killing is excused, and therefore not unlawful, if:
1. The defendant was doing a lawful act in a lawful way;
2. The defendant was acting with usual and ordinary caution;
AND
3. The defendant was acting without any unlawful intent.
A person acts with usual and ordinary caution if he or she acts in a way that a reasonably careful person would act in the same or similar situation.
The People have the burden of proving beyond a reasonable doubt that the killing was not excused. If the People have not met this burden, you must find the defendant not guilty of (murder/ [or] manslaughter).
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"The People" (State of California) failed to meet that burden.
"The People" also failed to meet the burden that OJ killed his wife and her boy pet ..... so OJ is innocent of those charges.
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12-02-2017, 03:58 AM
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#45
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Valued Poster
Join Date: Nov 11, 2014
Location: dallas
Posts: 1,630
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Quote:
Originally Posted by garhkal
Yes i do, and YES i know via law that if cause of my carrying, and i negligently discharge it, i can be (and often will be) charged..
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"Can be and often will be" get your ass fucked, no shit.
http://theppsc.org/Archives/Firearms...gtonTX-Cop.htm
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