Yeah, the firefighter was trying to put the dude in a choke and choke him out or something. Meanwhile the girlfriend is standing over him screaming losing her mind waving around a gun. The girlfriend should be charged with murder. The felon should be charged with felony murder.
It is insane that Kyle Rittenhouse was charged and forced to go through a trial in an obvious case of self defense, whereas in this case, a very clear murder by execution without any reasonable claim to self defense isn't even charged or prosecuted at all. In both cases you have a prosecutor playing God with the law and getting it wrong.
Missouri's self defense law: 563.031.
A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless: (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided: (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force;
The felon was the initial aggressor. The fact that he pulled a gun at all is a serious crime. The fact that he even possessed a gun is a serious crime. He had not "withdrawn" just because he was losing the fight and being subdued.
(2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;
Obviously, the felon did not have a right to shoot and murder the firefighter under the circumstances.
A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless: (1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;
Again, while "any forcible felony" is vague, I do not believe that any of these even arguably apply here.
The firefighter wasn’t even putting him in any dangerous position, the wahman was erratic and clearly acting aggressively in 1. Pointing the gun directly at him repeatedly and 2. Was clearly violating numerous gun laws
I feel obligated to point out the only difference between a successful choke and a lethal choke is time.
Doesn't change the conclusion though since he hadn't even got a clear successful choke yet, and hadn't threatened the girlfriend in any way. There was no urgency to shoot yet to prevent anything imminent.
Yeah, the firefighter was trying to put the dude in a choke and choke him out or something. Meanwhile the girlfriend is standing over him screaming losing her mind waving around a gun. The girlfriend should be charged with murder. The felon should be charged with felony murder.
It is insane that Kyle Rittenhouse was charged and forced to go through a trial in an obvious case of self defense, whereas in this case, a very clear murder by execution without any reasonable claim to self defense isn't even charged or prosecuted at all. In both cases you have a prosecutor playing God with the law and getting it wrong.
Missouri's self defense law: 563.031.
The felon was the initial aggressor. The fact that he pulled a gun at all is a serious crime. The fact that he even possessed a gun is a serious crime. He had not "withdrawn" just because he was losing the fight and being subdued.
Obviously, the felon did not have a right to shoot and murder the firefighter under the circumstances.
Again, while "any forcible felony" is vague, I do not believe that any of these even arguably apply here.
The firefighter wasn’t even putting him in any dangerous position, the wahman was erratic and clearly acting aggressively in 1. Pointing the gun directly at him repeatedly and 2. Was clearly violating numerous gun laws
I feel obligated to point out the only difference between a successful choke and a lethal choke is time.
Doesn't change the conclusion though since he hadn't even got a clear successful choke yet, and hadn't threatened the girlfriend in any way. There was no urgency to shoot yet to prevent anything imminent.