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Why have a gun in a hotel room? Two robbers die after Norfolk hotel gunfight with CHP holder.

ChinChin

Regular Member
Joined
May 17, 2007
Messages
683
Location
Loudoun County, Virginia, USA
imported post

What (or whom) would be the determining factor in civil immunity? I would assume that should the DA decline to criminaly pursue the matter to trial; that civil immunity would then be "active?"

Somebody help me understand how that works?
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
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Basically civil immunity says that you cannot be sued if the shooting was determined (by Commonwealth Attorney, Grand Jury or trial) to have been either justified or excusable.

In the best of worlds that extends to merely wounding the BG as well as covering killing the BG.

Hope this simple answer covers it for you.

stay safe.

skidmark
 

Virginian683

Regular Member
Joined
Jan 26, 2007
Messages
187
Location
Southwest Virginia
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mobeewan wrote:
Cooley died from a gunshot wound to the back
Hear's hoping they don't call it murder because the guy was shot in the back. Personally I think all criminals, who have no honor, deserve to be shot in the back -- but the commonwealth's attorney may not see it that way.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
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skidmark wrote:
Basically civil immunity says that you cannot be sued if the shooting was determined (by Commonwealth Attorney, Grand Jury or trial) to have been either justified or excusable.

In the best of worlds that extends to merely wounding the BG as well as covering killing the BG.

Hope this simple answer covers it for you.

stay safe.

skidmark
A thought worth remembering come the next GA session.

Yata hey
 

Tomahawk

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Joined
Oct 1, 2006
Messages
5,117
Location
4 hours south of HankT, ,
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Virginian683 wrote:
mobeewan wrote:
Cooley died from a gunshot wound to the back
Hear's hoping they don't call it murder because the guy was shot in the back. Personally I think all criminals, who have no honor, deserve to be shot in the back -- but the commonwealth's attorney may not see it that way.

Depends on whether the guy was trying to run away or still trying to fight or do harm.

While back-shooting is generally considered to be dishonorable, it really only refers to shooting somebody who isn't a threat and wasn't aware of your cowardly intentions.

In a real fight, one can think of many situations in which a guy can get shot in the back. Especially if he is attacking someone whom you are trying to defend. A Marine fighter pilot once told me that the best air-to-air kills aren't the ones where the pilots zoom around the sky like the Red Baron, seeing each others' eyes in a classic dogfight dual. The best ones are the ones where the other bastard never sees it coming, when you come at him from his blind spot and wack him so he can't shoot back.
 

Neplusultra

Regular Member
Joined
Sep 7, 2007
Messages
2,224
Location
Christiansburg, Virginia, USA
imported post

Tomahawk wrote:
Virginian683 wrote:
mobeewan wrote:
Cooley died from a gunshot wound to the back
Hear's hoping they don't call it murder because the guy was shot in the back. Personally I think all criminals, who have no honor, deserve to be shot in the back -- but the commonwealth's attorney may not see it that way.

Depends on whether the guy was trying to run away or still trying to fight or do harm.

While back-shooting is generally considered to be dishonorable, it really only refers to shooting somebody who isn't a threat and wasn't aware of your cowardly intentions.

In a real fight, one can think of many situations in which a guy can get shot in the back. Especially if he is attacking someone whom you are trying to defend. A Marine fighter pilot once told me that the best air-to-air kills aren't the ones where the pilots zoom around the sky like the Red Baron, seeing each others' eyes in a classic dogfight dual. The best ones are the ones where the other bastard never sees it coming, when you come at him from his blind spot and wack him so he can't shoot back.
There's also a very well documented argument that when someone sees he's about to get shot he instinctively wheels around to protect his front side. Thusly getting shot in the back....
 

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
imported post

Tomahawk wrote:
Virginian683 wrote:
mobeewan wrote:
Cooley died from a gunshot wound to the back
Hear's hoping they don't call it murder because the guy was shot in the back. Personally I think all criminals, who have no honor, deserve to be shot in the back -- but the commonwealth's attorney may not see it that way.

Depends on whether the guy was trying to run away or still trying to fight or do harm.

While back-shooting is generally considered to be dishonorable, it really only refers to shooting somebody who isn't a threat and wasn't aware of your cowardly intentions.

In a real fight, one can think of many situations in which a guy can get shot in the back. Especially if he is attacking someone whom you are trying to defend. A Marine fighter pilot once told me that the best air-to-air kills aren't the ones where the pilots zoom around the sky like the Red Baron, seeing each others' eyes in a classic dogfight dual. The best ones are the ones where the other bastard never sees it coming, when you come at him from his blind spot and wack him so he can't shoot back.
He could argue that he got shot at the same time he fired causing him to miss his initial targetand hit the otherguy in the back.;)
 
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