Author Topic: No Charges In Ofallon Missouri Road Rage Incident  (Read 2400 times)

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Offline 75Plus

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No Charges In Ofallon Missouri Road Rage Incident
« on: June 12, 2012, 05:43:39 PM »
Stand Your Ground or, in Missouri the Castle Doctrine, was cited in the St. Charles County   prosecutor's decision not to file charges. Under Missouri law your automobile is also concidered your "Castle",

http://www.stltoday.com/news/local/stcharles/no-charges-in-o-fallon-mo-road-rage-shooting/article_9b2c5fb9-bd12-52e4-8616-24ebc7929cc3.html

As usual the "Brady Bunch" is predicting "Blood in the streets"

Joe
“Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.”
George Washington

"A gun is like a parachute.  If you need one, and don't have one, you'll probably never need one again."

Offline Faeruss7

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #1 on: June 12, 2012, 05:56:47 PM »
     First off, when has the Brady Campaign been right about anything?   

     Attorney Scott Rosenblum, who advised the motorcyclist, said: "Of course, nobody wants to be charged with a crime, but he was the one who was hurt. Obviously, he thinks there was a little bit of overreacting."

     Of course, getting off your bike and approaching another car, and then spitting at and punching the driver in the face (who happens to be a 65 year old man) isn't of any significane. What a joke.
 
     Goods guys: 1, Bad guys: 0
"It does not take a majority to prevail. But rather, an irate, tireless minority, keen on setting brushfires of freedom in the minds of men."
-Sam Adams

Offline AbyssDncr

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #2 on: June 12, 2012, 06:49:28 PM »
I was re-reading Kansas Castle Doctrine statutes this week and found it very interesting.  As cited in the article, a person must reasonably believe that use of deadly force is required to prevent imminent death or great bodily harms to oneself or another third person to be justified in the use of deadly force.  However, in Kansas statutes, it goes a step further and states that is is "presumed" to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harms to oneself or another if: 

a person is unlawfully or forcefully entering, or has entered and is present within the dwelling, place of work or occupied vehicle of  the person using force,

has removed or is attempting to remove another from their dwelling, place of work, or vehicle.

OR if a person knows or has reason to know if any of the above has occurred.

There is no requirement to retreat in Kansas.

In Kansas if you're breaking into someone's car or house, or have already done so, they can shoot you dead and are by law PRESUMED to be reasonably in fear of imminent death or great bodily harm. 

In other words, those that train and are trained mentally, physically, emotionally, spiritually, and tactically to be prepared for a life or death situation and therefore aren't actually "scared" like a liberal when threatened, are still fully justified in defending themselves with confidence and authority.

It's right there in black and white...
SP-01, P-01, CZ-75 Compact, CZ-75 Kadet, CZ-40B, CZ-83 Nickel, CZ-52, CZ-70, CZ-50, CZ 700 Sniper,  CZ 527 Kevlar, CZ 452 Ultra Lux, CZ 452 American 16", CZ 452 Scout, CZ V22 AR Upper, Sar K2

Offline Ritter

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #3 on: June 12, 2012, 10:00:24 PM »
Quote
"More guns in the hands of more people in the public arena is a recipe for disaster," Malte said
Wouldn't people become much more polite if they knew everyone was carrying?

Grandpa should have, could have avoided the situation.  Getting cut off, or being in the right is not enough reason to kill someone...no matter how big an a$&@#% they are.  Roll up the window, don't respond, drive away.  If they guy still pursues you, then he's asking for it.

Offline armoredman

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #4 on: June 12, 2012, 10:41:06 PM »
If you are attacked and in fear of life and limb, respond accordingly. The news story never has the WHOLE story, either. Look at the Trayvon Martin shooting, for example.

Offline 75Plus

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Re: No Charges In Ofallon Missouri Road Rage Incident (Updated)
« Reply #5 on: June 13, 2012, 09:38:42 AM »
Here is an update on this case. Note how the biker's lawyer has all sorts of ways the driver could have avoided the incident but never mentions that had his client remained on his bike there would have been no incident.

Randall's lawyer wants the incident referred to a Grand Jury. Prosecutor Jack Banas noted the grand jury could also indict Mr. Randell for his role in the incident. Got to be careful what you wish for!!

http://fox2now.com/2012/06/12/road-rage-shooting-case-could-go-to-grand-jury/
“Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.”
George Washington

"A gun is like a parachute.  If you need one, and don't have one, you'll probably never need one again."

Offline armoredman

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #6 on: June 13, 2012, 07:51:22 PM »
Indict the biker, as HE initiated the actual encounter, from what little I've seen. At 49 years old this man SHOULD have known what he was doing!

Offline Twmaster

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #7 on: June 15, 2012, 01:47:22 AM »
Unfortunately idiocy does not decrease with age in some cases. I know more than a couple of bikers who are mental midgets. This guy sounds like one of them.
Mike

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Offline RJ

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Re: No Charges In Ofallon Missouri Road Rage Incident
« Reply #8 on: June 23, 2012, 08:34:11 PM »
Cool.