https://twitter.com/@twitter/status/1555597994736594944
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The video doesn't really show a lot of legal justification for the stabbing in my opinion, but there can be a lot that a short clip doesn't show.
It is a reminder that robbery is not a very good idea. You never know in whose company you may suddenly find yourself, and after all:
Quote:
Originally Posted by Josey Wales
QOTD - “oh fuck me, he’s stabbing me….I’m dead”.
I do love a happy ending, good on the good guy.
Is Texas the only state where you can defend your property with deadly force? Or am I even wrong about Texas?
I agree that this looks a bit on the edge of legal self defense.
That said, store owner dude looks like he stayed awake during both semesters of Modern Arnis class in high school.
For real: this is absolutely *not* how a masked robber wants the robbery victim to respond…
https://nypost.com/wp-content/upload...guyen-03-1.jpg
:rolleyes:
It's been a banner week for excited utterances from surprised robbers. First "He shot my arm off" and now this.
I'm luvin' it.
Simple damn rule; Don't start none, won't be none.
Video of the entire interaction.
https://twitter.com/@twitter/status/1555676206539804674
Long version that will fill your screen.
Looks like the marionette's string was severed!
https://youtu.be/RCu4G_ZkBI0
Nevada has several statutes that deal with justifiable homicide. Here’s the one I found which best fits:
NRS 200.160 Additional cases of justifiable homicide. Homicide is also justifiable when committed:
1. In the lawful defense of the slayer, or his or her spouse, parent, child, brother or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
2. In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode in which the slayer is.
Here’s the statute for robbery:
NRS 200.380 Definition; penalty.
1. Robbery is the unlawful taking of personal property from the person of another, or in the person’s presence, against his or her will, by means of force or violence or fear of injury, immediate or future, to his or her person, or the person of a member of his or her family, or of anyone in his or her company at the time of the robbery. A taking is by means of force or fear if force or fear is used to:
(a) Obtain or retain possession of the property;
(b) Prevent or overcome resistance to the taking; or
(c) Facilitate escape.
Ê The degree of force used is immaterial if it is used to compel acquiescence to the taking of or escaping with the property. A taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.
2. A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
It’s going to depend on whether the DA beloved the suspects were committing a felony Robbery or a misdemeanor Theft.
He should be lauded as a hero and an example all across the MSM.
Couldn't resist.
https://i.imgflip.com/2l1qxz.jpg
I'm sure it varies, but hopping the counter (entering an area generally inaccessible to the public) precludes shoplifting and as the clerk is there would be charged as a Robbery here (Burglary if the clerk was not there). I believe the case law is that it counts as 'threat of force' as well, but can't recall the case any longer so I may be misremembering, but know for sure Robbery has been filed in nearly that exact circumstance here. The difference being a garbage bag was used and only one suspect actively stealing with one lookout, taking cartons of cigarettes at a convenience store. Even reaching across the counter can count in certain contexts, such as using any item to wedge the cash drawer open when the clerk has opened it.
In Cis-phobic Seattle I can just see the headline “ Store owner kills child robbery suspect”
Charges would be based on the race of the individuals involved. ….. then tried in front of a white hating (when a minority is involved) jury. My guess is the outcome would not be favorable to people who see the constitution as important.
This video should be shown to every high school in the country on what happens when you do stupid shit.
Gents, is there a reason why Store Owner was dragging BG across the floor? I assume he was trying to determine if BG's were coming back or trying to catch a license plate.
I have no idea what flies in NV, but I wouldn't want to bet my freedom on the same circumstances here. There are jurisdictions in which the owner would get an award from the sheriff, and others in which the state attorney would watch the video and let a jury decide.
I assume it was an unconscious response to get the bad guy out of the clerk’s “protected space” behind the counter. He went from holding onto the perp in order to grapple with him, to holding into him as he collapsed. He probably needed a few seconds to mentally disengage, and he dropped the bad guy when he did.
One of the downsides of a video is that it looks so much different than the Hollywood stuff most people have seen ……and in Hollywood you always know if the bad guy has a weapon ahead of time or not.
Also hearing the “ innocent child“ cry out in his scared voice can certainly play on the heartstrings of a jury of idiots
I have an acquaintance who put up security cameras at his house due to some issues with the hoodies. I asked him if he put some inside the house and he said no because what happens in there will only be my story.
Whole interaction looks even better to me. He let them steal, even told them to just take it. He didn't act until the guy hopped the counter. No anger or animosity in his voice, no signs of malice. I don't know that jurisdiction, of course, but I can't see even our most shittiest prosecutor filing on that here. Be a tough election for him next go round if he did, I think. Honestly, we may be a bit *too* lenient on self defense claims because I'm fairly certain there are some domestic and non-domestic murders that are passing our self-defense bar. No system is perfect, though, and I'd rather live under too lenient than too strict in this regard.
Anyone understand the targeting with the knife strikes in this incident?
I understand some of them, but the shoulder blade and ~front pants pocket don't make sense to me.
Seems to me the store owner had some type of training or practice and it wasn't random stabbing.
Thanks for the replies. I admit that's an interesting decision to consider: 1) Leave BG on the ground, go to the door, and hope he doesn't resume an attack or 2) Carry BG and try to close a door with extra weight in your hands, with the possibility other BG's are coming back or just outside the door.
Apparently, the owner also posted his experience on Reddit and IG, perhaps making things legally difficult for later and now has a Go Fund Me. Yikes.
Unsurprisingly, I agree with you that the whole interaction provides more good info. In addition to your points, the soon-to-be stabbed guy calls the other robber back by name after the other robber grabs the tip jar and starts to leave. Clear indication that more bad shit of unpredictable severity was yet to come.
I’d still hate like hell to have to justify stabbing some teen, but it does look like there’s plenty here to work with.
With the caveat that I’m not the P-F SME on this stuff, I’d say that, yes, he looked like he had some training—or at least education/folkloric knowledge. The targeting looks about like most FoF ‘catch as catch can’ targeting typically looks, in my limited experience. A generalized idea of swapping high/low, taking openings as they come up, controlling the opponent’s posture, and hoping for the best.
In brutal—literally—hindsight, that was an effective use of the tool. Ugly, and informative. What a world.
I’ll be interested to see how this plays out. Getting the long version into the public eye now puts him way ahead of the MSM and could be helpful in civil court or defending against civil-rights legal action. It could end up being a master class in how to handle the court of public opinion.
Okie John
I’m guessing that there will be fewer snatch and run thefts—especially from Asian clerks—for a while.
I also appreciated the bad guy narrating his own stabbing.
Looks like "I'm dead guy" was being dramatic. Per a local news source, anyway, he survived and was taken to the hospital. Both suspects have been arrested and both are juveniles. Here, we would not arrest the stabbed guy until he was discharged from the hospital or tried to sign out AMA so the county doesn't eat his medical bills.
I’ve seen this practice throughout my career and it sometimes fails spectacularly. Much of the problem stems from hospital staff confusion on what HIPAA allows to be communicated to police at the time of discharge if the patient is not under arrest. Hospital legal at one hospital that I worked at specifically forbade us from calling police once patients were discharged in this manner. Other problems arise when the patient/suspects elopes and commits another crime on hospital property near the time of leaving. Keep in mind that elopement is different than leaving AMA - when they elope they walk out often without telling us.
I completely understand the reasoning for the practice. However, it comes with some real danger to the public. I have no opinion as to how the cost/benefit analysis falls.