A St. Louis prosecutor is investigating whether the white couple pointing guns at Black Lives Matter

Discussion in 'Current Events' started by nra37922, Jun 29, 2020.

  1. Xenamnes

    Xenamnes Banned

    Joined:
    Mar 3, 2015
    Messages:
    23,895
    Likes Received:
    7,537
    Trophy Points:
    113
    It now appears the governor of the state of Missouri is not pleased with the actions and decisions of this prosecutor.
     
  2. Zorro

    Zorro Well-Known Member

    Joined:
    Jun 13, 2015
    Messages:
    77,153
    Likes Received:
    51,817
    Trophy Points:
    113
    Racist Prosecutor.

    STANDING UP TO RACIST PROSECUTORS: Senator Hawley calls for civil right after Racist Circuit Attorney Gardner is targets McCloskey family.

    O'FALLON, Mo. (KMOV.com/AP)
     
  3. cd8ed

    cd8ed Well-Known Member Past Donor

    Joined:
    Jul 19, 2011
    Messages:
    42,155
    Likes Received:
    33,010
    Trophy Points:
    113
    Gender:
    Male
    “But according to law professors, the statement is unlikely to serve as a defense under the state’s castle doctrine which, in subsection 3, also specifies that deadly force cannot be used unless “Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual.”

    “People have a right to threaten force if they are threatened,” Amman said. “However, if a group of protesters is walking by a home and not doing anything to the homeowners specifically, then they don’t have the right to threaten lethal force without an imminent threat.”
    https://lawandcrime.com/high-profil...le-to-hide-behind-the-states-castle-doctrine/

    Mark McCloskey had previously even admitted that the threats didn’t occur until weapons were introduced into the equation. If they were so terrified why didn’t they call the police?

    Had they just exited their home open carrying there wouldn’t be a law to charge them with — they moment they pointed it at someone it became brandishing and agrivated assault.
     
  4. Xenamnes

    Xenamnes Banned

    Joined:
    Mar 3, 2015
    Messages:
    23,895
    Likes Received:
    7,537
    Trophy Points:
    113
    The protestors/rioters/angry mob committed all three offenses in the above case. They destroyed one of the front gates that led onto the private property of the community, of which all residents are legal owners. They remained after unlawfully entering onto the private property. They did not have legal permission to be anywhere within the gated community which was all private property and owned equally by all residents of the gated community. From a legal standpoint related to such gated communities in the united states, the gate that was torn down was the front gate to the McCloskey's home.
     
  5. cd8ed

    cd8ed Well-Known Member Past Donor

    Joined:
    Jul 19, 2011
    Messages:
    42,155
    Likes Received:
    33,010
    Trophy Points:
    113
    Gender:
    Male
    You are missing the main legal argument from the article that you didn’t read, Unless the homeowners feared for their lives, pointing a weapon at someone is brandishing and aggravated assault.

    The legal reasoning of castle doctrine applying to entire subdivisions (gated or otherwise) is murky at best.
     
  6. Jestsayin

    Jestsayin Well-Known Member Past Donor

    Joined:
    Aug 1, 2016
    Messages:
    16,798
    Likes Received:
    17,571
    Trophy Points:
    113

Share This Page