kimber10mm
Regular Member
anty is reindicted
http://www.2theadvocate.com/news/103498054.html?showAll=y&c=ybig write up in the advocate for 9-22 page 5B
I could be wrong, but if someone dies durring the commission of a crime, doesnt it automatically become murder? I mean, this is the only way that the driver of a getaway car can be charged with murder if the passenger kills a person during a street mugging, but I have heard of it happening on multiple occassions.
I really don't think it's so "open and shut". He shot the guy while he, himself, was committing a criminal act.
The REAL question will end up being, does one still have the right to self defense during the commission of a criminal act?
In other words, does the criminal climbing in your window have the right to shoot you and claim self defense when he realizes you have produced a gun to defend your family?
It really all depends if the fact he was in the middle of a criminal act is allowed as evidence. If so, I wouldn't expect a jury to have much sympathy for him to be blunt.
...Anyone remember the 'Anty 506' Story? He was an 18 year old Louisana OCer that "pushed the envelope" and seemed to go out of his way to challenge LEOs in his area. He was a very prolific poster to OCDO and his experiences were 'interesting'. I thought he had a chip on his shoulder and his mouth would get him in trouble one day. He seemed interested in being involved in a "righteous shoot". He was very knowledgeable about OC laws in his state and went out of his way to OC everywhere he could. If he were approached or challenged, he relished confrontation.
Things went "south" for him when he was involved in a drug deal that went bad. He was 'butt stroked' with a rifle and he shot and killed the guy with the rifle with his .40 cal. His OC holster was in his car at the time. He was CCing. {Insert long legal story here} He was apparently released from jail for this 'incident' and re-indicted with 1st Deg murder. (I think the original charge was 2nd deg). Here's what I came across a little while ago:
http://www.kplctv.com/Global/story.asp?S=13196166
You can use the search function to see what's left of his old posts and any threads that happened after his original arrest. He's out on bail now. He could certainly use our prayers. He's a young kid that probably never should have been carrying in the first place. IMHO, he's just "wrapped too tight" for the awesome responsibility we all share. Its very sad this incident ever took place. He made some very poor decisions that will effect the rest of his life and possibly even shorten it if he is convicted.
Sorry to post this on our state's board, but I know a lot of us were watching the whole thing as it unfolded and sometimes wonder what happened...
Louisiana RS 14:30
§30. First degree murder
Under LRS 14:20, no, you don't.I really don't think it's so "open and shut". He shot the guy while he, himself, was committing a criminal act.
The REAL question will end up being, does one still have the right to self defense during the commission of a criminal act?
It's never justifiable when you create the situation (you can't start a fight and then claim self defense when the other person fights back).In other words, does the criminal climbing in your window have the right to shoot you and claim self defense when he realizes you have produced a gun to defend your family?
Under LRS 14:20, no, you don't.
In this case, Anty was defending himself against armed robbery. If he'd gone to that house to buy a car, or a dog, or a gun, or a lawnmower, he would be legally justified. But the law says he's not allowed to defend himself if he's buying an illegal substance at the time.
To use your burglar analogy more accurately, let's suppose you're sitting at home when a burglar breaks in, and you shoot and kill him. During the investigation, the police notice a bottle of oxycontin pills in your kitchen, past the expiration date, and the prescription was made out to your mother-in-law. Congratulations, you're now a murderer in Louisiana because you illegally possessed a controlled substance at the time of the shooting.
I see where you're coming from, but one of us is using incorrect terminology. And I'm not sure which one, so I'll defer to someone more experienced in LRS code construction.Yes you do according to 14:20... read it again...
(snip)
I see where you're coming from, but one of us is using incorrect terminology. And I'm not sure which one, so I'll defer to someone more experienced in LRS code construction.
RS 14.20 = Revised Statutes title 14 section 20 per RS 14:1 http://www.legis.state.la.us/lss/lss.asp?doc=78224
RS 1:14 indicates that the Revised Statutes are referenced by Titles, Sub-titles, Chapters, Parts, Sub-parts, or Sections
http://www.legis.state.la.us/lss/lss.asp?doc=74085
In Title 14, 14:1 begins with chapter 1, part 1, and subpart A. Subpart C begins at 14:13 so…
http://www.legis.state.la.us/lss/lss.asp?doc=78307
RS 14:20 is in Chapter 1, Part 1 and subpart C of title 14. Subpart C continues through 14:23
Per RS 1:12, No implication or presumption of a legislative construction shall be drawn from the classification and organization of the sections. http://www.legis.state.la.us/lss/lss.asp?doc=74083
Per RS 1:13, Headings do not constitute part of the law.
http://www.legis.state.la.us/lss/lss.asp?doc=74084
The term “paragraph” is not defined anywhere in the Revised Statutes that I can find and therefore takes the English language definition…
Paragraph - : a subdivision of a written composition that consists of one or more sentences, deals with one point or gives the words of one speaker, and begins on a new usually indented line…
http://www.merriam-webster.com/dictionary/paragraph
Thus the law looks like this…
A homicide is justifiable:
When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle. The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
Each of these are different paragraphs…