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He started crying like a little baby
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Don't mess with this 11 year-old:


https://www.washingtonpost.com/...pected-home-invader/

"The great pleasure in life is doing what people say you cannot do."
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Re: He started crying like a little baby [jkca1] [ In reply to ]
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No kidding. Love how he started with a knife, then saw he was in for a gunfight, and upgraded. "Oh, it's guns now? Alright."








"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."
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Re: He started crying like a little baby [jkca1] [ In reply to ]
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Wait a minute. So, the kid did not start shooting until the intruder was out of the house and fleeing. Then he "emptied the magazine." He hit the guy as the guy was hopping the fence.

I'm no expert in Alabama law, but I don't think that's how the AL Stand Your Ground law works. Then again, it is Alabama, so the kid is likely fine.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: He started crying like a little baby [JSA] [ In reply to ]
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Agreed on that- I'm still dumbfounded by how people continue to misunderstand "stand your ground." The article even lists the criteria under which deadly force would be authorized, and a guy running away with your laundry hamper isn't one of them. Apparently Alabama ain't Texas.

Still, good on the 11 year old for defending himself. I'm willing to go with "no harm, no foul" in this case.








"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."
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Re: He started crying like a little baby [JSA] [ In reply to ]
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I think ther circumstance would have been different had he been an adult. This kid is 11 years old. He would be fearful for his life after the guy fled. No jury would convict him.


"In the world I see you are stalking elk through the damp canyon forests around the ruins of Rockefeller Center. You'll wear leather clothes that will last you the rest of your life. You'll climb the wrist-thick kudzu vines that wrap the Sears Towers. And when you look down, you'll see tiny figures pounding corn, laying stripes of venison on the empty car pool lane of some abandoned superhighway." T Durden
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Re: He started crying like a little baby [JSA] [ In reply to ]
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if you read the last paragraph it states there is a nuclear power plant on the property - so there's more flexibility on Stand Your Ground
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Re: He started crying like a little baby [LorenzoP] [ In reply to ]
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LorenzoP wrote:
if you read the last paragraph it states there is a nuclear power plant on the property - so there's more flexibility on Stand Your Ground

Ha! That's pretty good.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: He started crying like a little baby [vitus979] [ In reply to ]
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vitus979 wrote:
Agreed on that- I'm still dumbfounded by how people continue to misunderstand "stand your ground." The article even lists the criteria under which deadly force would be authorized, and a guy running away with your laundry hamper isn't one of them. Apparently Alabama ain't Texas.

Still, good on the 11 year old for defending himself. I'm willing to go with "no harm, no foul" in this case.

Don't "stand your ground laws" codify a defense against battery offenses? They don't nullify existing common law defenses nor create an offense, right?

My point is that prosecutor could reasonably decide not to charge the boy with anything in this case and then the stand your ground law does not even come into play.

________
It doesn't really matter what Phil is saying, the music of his voice is the appropriate soundtrack for a bicycle race. HTupolev
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Re: He started crying like a little baby [H-] [ In reply to ]
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Yeah, exactly. Stand your ground laws have nothing to do with this incident. But a reasonable prosecutor is probably not going to charge an 11 year old kid for shooting at the armed intruder who's fleeing the scene in anyway.








"People think it must be fun to be a super genius, but they don't realize how hard it is to put up with all the idiots in the world."
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Re: He started crying like a little baby [H-] [ In reply to ]
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H- wrote:
vitus979 wrote:
Agreed on that- I'm still dumbfounded by how people continue to misunderstand "stand your ground." The article even lists the criteria under which deadly force would be authorized, and a guy running away with your laundry hamper isn't one of them. Apparently Alabama ain't Texas.

Still, good on the 11 year old for defending himself. I'm willing to go with "no harm, no foul" in this case.


Don't "stand your ground laws" codify a defense against battery offenses? They don't nullify existing common law defenses nor create an offense, right?

My point is that prosecutor could reasonably decide not to charge the boy with anything in this case and then the stand your ground law does not even come into play.

Correct. But, legally, what the boy did is criminal assault, at a minimum, and possibly even attempted murder. Attempted murder would be overkill and, certainly, prosecutorial discretion would justify not making such a charge. But this is a textbook assault.

A criminal assault may be rendered justifiable by such common law defenses such as self-defense. But self-defense certainly would not apply here b/c the intruder was fleeing. Also, self-defense cannot be used in a defense of property case, which is where the Castle Doctrine comes in. Stand Your Ground is not the same as the Castle Doctrine, but it looks like AL combines elements of the Castle Doctrine into the SYG law.

Criminal assault requires an intent element. I suppose a prosecutor could look at the age of the kid and decide the kid could not muster the requisite intent. But, that usually results in a referral to the juvenile court system, not just turning a blind eye.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: He started crying like a little baby [jkca1] [ In reply to ]
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I find it interesting that the article names the 11-year old boy who could possibly have committed a crime yet does not name the perp who definitely committed a crime and does not name the mother. Normally, it's the minor who doesn't get named.






Take a short break from ST and read my blog:
http://tri-banter.blogspot.com/
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Re: He started crying like a little baby [JSA] [ In reply to ]
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Quote:
Criminal assault requires an intent element. I suppose a prosecutor could look at the age of the kid and decide the kid could not muster the requisite intent. But, that usually results in a referral to the juvenile court system, not just turning a blind eye.

You come to that conclusion based on a WaPo article clearly based on internet reporting (they didn't even bother to look up the AL statute and instead just quoted an Alabama newspaper source)?

I did local search and came up with the following:

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Police haven't released any details on the case but say they are investigating. WVTM reports the man was treated for his wound at a hospital.

________
It doesn't really matter what Phil is saying, the music of his voice is the appropriate soundtrack for a bicycle race. HTupolev
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Re: He started crying like a little baby [JSA] [ In reply to ]
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He missed the guy 11 times, the 12th was an accident.
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Re: He started crying like a little baby [jkca1] [ In reply to ]
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I'm glad I don't live next door to this boy and his stepdad.

"Human existence is based upon two pillars: Compassion and knowledge. Compassion without knowledge is ineffective; Knowledge without compassion is inhuman." Victor Weisskopf.
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Re: He started crying like a little baby [H-] [ In reply to ]
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H- wrote:
Quote:
Criminal assault requires an intent element. I suppose a prosecutor could look at the age of the kid and decide the kid could not muster the requisite intent. But, that usually results in a referral to the juvenile court system, not just turning a blind eye.

You come to that conclusion based on a WaPo article clearly based on internet reporting (they didn't even bother to look up the AL statute and instead just quoted an Alabama newspaper source)?

I did local search and came up with the following:

Quote:
Police haven't released any details on the case but say they are investigating. WVTM reports the man was treated for his wound at a hospital.

Exactly what "conclusion" did I "come to?"

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: He started crying like a little baby [JSA] [ In reply to ]
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JSA wrote:
Wait a minute. So, the kid did not start shooting until the intruder was out of the house and fleeing. Then he "emptied the magazine." He hit the guy as the guy was hopping the fence.

I'm no expert in Alabama law, but I don't think that's how the AL Stand Your Ground law works. Then again, it is Alabama, so the kid is likely fine.

I am with you on that, here in OH if the person is fleeing then you have no legal right to shoot them
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Re: He started crying like a little baby [JSA] [ In reply to ]
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JSA wrote:
H- wrote:
vitus979 wrote:
Agreed on that- I'm still dumbfounded by how people continue to misunderstand "stand your ground." The article even lists the criteria under which deadly force would be authorized, and a guy running away with your laundry hamper isn't one of them. Apparently Alabama ain't Texas.

Still, good on the 11 year old for defending himself. I'm willing to go with "no harm, no foul" in this case.


Don't "stand your ground laws" codify a defense against battery offenses? They don't nullify existing common law defenses nor create an offense, right?

My point is that prosecutor could reasonably decide not to charge the boy with anything in this case and then the stand your ground law does not even come into play.


Correct. But, legally, what the boy did is criminal assault, at a minimum, and possibly even attempted murder. Attempted murder would be overkill and, certainly, prosecutorial discretion would justify not making such a charge. But this is a textbook assault.

A criminal assault may be rendered justifiable by such common law defenses such as self-defense. But self-defense certainly would not apply here b/c the intruder was fleeing. Also, self-defense cannot be used in a defense of property case, which is where the Castle Doctrine comes in. Stand Your Ground is not the same as the Castle Doctrine, but it looks like AL combines elements of the Castle Doctrine into the SYG law.

Criminal assault requires an intent element. I suppose a prosecutor could look at the age of the kid and decide the kid could not muster the requisite intent. But, that usually results in a referral to the juvenile court system, not just turning a blind eye.

Had he shot him when he initially showed the gun and said to leave and the criminal said he was going to kill him, he would have been perfectly legal
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Re: He started crying like a little baby [JSA] [ In reply to ]
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Exactly what "conclusion" did I "come to?"

Maybe it was me.

I took "turn a blind eye" to be a conclusion, but rereading I see it could have been in response to my supposition that the prosecutor not act.

________
It doesn't really matter what Phil is saying, the music of his voice is the appropriate soundtrack for a bicycle race. HTupolev
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Re: He started crying like a little baby [jkca1] [ In reply to ]
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Upon further review......

- How many people leave 11 year old boys home alone these days? With access to a loaded handgun?

- Where is the gun that the boy said the burglary suspect was carrying?

- Who steals a laundry hamper?

- Didn't NASCAR have a race in Talladega yesterday?

"Human existence is based upon two pillars: Compassion and knowledge. Compassion without knowledge is ineffective; Knowledge without compassion is inhuman." Victor Weisskopf.
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Re: He started crying like a little baby [vitus979] [ In reply to ]
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vitus979 wrote:
Yeah, exactly. Stand your ground laws have nothing to do with this incident. But a reasonable prosecutor is probably not going to charge an 11 year old kid for shooting at the armed intruder who's fleeing the scene in anyway.

They are going to give this kid a medal. And the NRA is going to build him a statue too.

"The great pleasure in life is doing what people say you cannot do."
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