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Guilty verdict for black dad in shooting death of white teen in Long Island (Klan reference invoked)
The New York Daily News ^ | December 22, 2007 | NICHOLAS HIRSHON, JOE GOULD and RICH SCHAPIRO

Posted on 12/22/2007 10:38:31 PM PST by Stoat

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To: LdSentinal
Back when I was getting my training in the legal aspects of the defensive use of firearms, the first thing drilled into me was DO NOT ESCALATE THE SITUATION

Neither the man nor his son was in danger of violence at the time he grabbed his gun and went outside. By his going outside with a gun, he escalated a noisy drunken tirade into a deadly encounter

101 posted on 12/23/2007 7:03:32 AM PST by SauronOfMordor (When injustice becomes law, rebellion becomes duty)
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To: Stoat

What if the colors of the parties to this incident were reversed?


102 posted on 12/23/2007 7:05:18 AM PST by lady lawyer
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To: All

I would have done exactly the same thing. Angry mob coming after my son? They’re damn lucky they’re not ALL dead...


103 posted on 12/23/2007 7:35:25 AM PST by Maverick68 (w)
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To: Stoat

They may have been planning to SET THE HOUSE AFIRE, if the black family had stayed inside, though.


104 posted on 12/23/2007 7:41:10 AM PST by 2harddrive (...House a TOTAL Loss.....)
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To: Paleo Conservative

105 posted on 12/23/2007 7:49:31 AM PST by phantomworker (If you're not confused, you're not paying attention.)
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To: 2harddrive
“They may have been planning to SET THE HOUSE AFIRE, if the black family had stayed inside, though.”

And at the point where they actually start to do so, he has every reason to leave the house and start shooting. And to keep shooting until they are all down, for that matter. It would, then, have been quite obviously self-defense.

When he admitted to shooting the kid “accidentally” he lost his case.

106 posted on 12/23/2007 8:18:42 AM PST by Old Student (We have a name for the people who think indiscriminate killing is fine. They're called "The Bad Guys)
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To: Stoat

Interesting story. Thanks for posting.


107 posted on 12/23/2007 8:22:59 AM PST by PGalt
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To: lady lawyer
What if the colors of the parties to this incident were reversed?

Someone would have started up a defense fund  for Mr. White

 

108 posted on 12/23/2007 8:28:25 AM PST by grjr21
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To: LdSentinal
Call the police yes, but staying inside is no guarantee of safety.

True......but if they had broken in, then you are justified to shoot and kill one or all with a gun or shotgun. It was stupid of him and his son to confront them outside. Always, always stay inside and call for help.

109 posted on 12/23/2007 8:28:44 AM PST by shiva
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To: grjr21

Exactly.


110 posted on 12/23/2007 8:29:15 AM PST by lady lawyer
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To: LilAngel; Stoat

“Them” refers to Hillary supporters? I don’t see as anyone was limiting his rights. I never heard “lynch mob” mentioned other than by the side sympathetic to the murderer. Anyone who thinks these drunken kids overwrought by emotion at the thought of their friend being threatened with rape is a lynch mob is likely more in line with a liberal point of view.

I am as pro-firearms as they come, and yet I realize that with each and every one of the more than 200 firearms I own, comes a reasonable expectation when I bring any one of them into play the outcome could be lethal and I must be prepared to bear that responsibility.

To me it is just common sense that you do not leave the cover of your home. To do so is just plain stupid and lacks good common sense in my opinion. We do not live in the Wild West and quite frankly that is a good thing. Mr. Horn and Mr. White, in my opinion, should have shown the wisdom one would expect from men of their age and not behavior given to overly-excited adolescents. You go to the edge of the driveway, armed, expose yourself to a possible drive-by and then kill an unarmed drunken punk. Sorry, that is just too much stupidity for me to try to defend. The same appears to be true for his lawyers.


111 posted on 12/23/2007 8:30:05 AM PST by WildcatClan (Vote Hunter for President)
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To: Stoat
Suffolk County Assistant District Attorney James Chalifoux said White should have simply locked the door and called police - and not gone outside to confront the teenagers with a gun.

I agree. Plus it's bad strategy to expose yourself to your attackers like they did.

112 posted on 12/23/2007 8:33:08 AM PST by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: LdSentinal
If I had a gun and some angry hooligan teenagers came after my son, I would confront them.

_________________________________

If they were outside in the street or even on your lawn and you came outside with the gun then you would be guilty of a criminal act. If one of the teenagers ended up dead then you would go to jail.

If they tried to forcibly enter your house then you could shoot them all without fear of legal complications.

Another post of yours says that you live on LI. You should know the laws where you live.

113 posted on 12/23/2007 8:33:42 AM PST by wtc911 ("How you gonna get back down that hill?")
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To: SauronOfMordor

Bingo. Therein lies the answer, being trained. Although a little common sense goes a long way.


114 posted on 12/23/2007 8:39:09 AM PST by WildcatClan (Vote Hunter for President)
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To: 2harddrive
They may have been planning to SET THE HOUSE AFIRE, if the black family had stayed inside, though.

_________________________________________________

Or maybe they were just fooling around and really wanted to take the kid to the local diner for an ice cream sundae.

Isn't it fun to make stuff up?

115 posted on 12/23/2007 8:40:54 AM PST by wtc911 ("How you gonna get back down that hill?")
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To: Stoat

I just have to disagree. You take a gang to a man’s house and threaten that man’s child then you have your life in your own hands.


116 posted on 12/23/2007 8:44:02 AM PST by Partisan Gunslinger
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To: Stoat

Going outside with a drawn gun into a situation like that suggests a profound ignorance of the law on the part of Mr. White, and ignorance of the law is not an excuse for breaking it.

May not be the law in Texas.


117 posted on 12/23/2007 8:44:06 AM PST by DOGEY
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To: Fargo Rock
What’s the difference between this guy and Joe Horn, who is considered a Freeper hero?

Joe Horn was originally stopping burglars from fleeing with their loot. This guy was preventing assault, or at least criminal mischief during the nighttime. Plus, this poor guy lived on Long Island. Joe Horn lives in Texas.

118 posted on 12/23/2007 8:45:03 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: Old Student

>>>>When he admitted to shooting the kid “accidentally” he lost his case.

Exactly. To invoke a SD defense, you have to say “I shot him on purpose because it was only thing I could do to save my life, my son’s life, etc.”


119 posted on 12/23/2007 8:49:09 AM PST by MindBender26 (Is FR worth our time anymore? All the "fun" sees to be gone.)
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To: lady lawyer

If the colors had been reversed, the shooter would have been charged with a hate crime in addition to manslaughter, and there would have been calls for him to be charged with murder.

Having said that, I sympathize with Mr. White. He seems like a decent fellow who panicked and made a terrible mistake under trying circumstances. This is just a sad, sad situation all around.

The drunken gang were idiots for showing up at Mr. White’s home and hoodlums for behaving the way they did. They were probably punks who wouldn’t have done anything more than stand out there and yell, but really you never know.

White should have warned them from inside his house and let the cops take care of it. If they tried to break in, he would’ve been justified in taking tougher action in my opinion, though the laws in liberal New York probably say otherwise.

His two big mistakes were going out there with the gun and later trying the race card defense, which may have backfired. I’m not a lawyer and know nothing about New York law but my guess is that he’s technically the guilty party here for going out there with a firearm to confront them. But he has my sympathy and I wouldn’t object to a sentence reduced to fines or community service.

I guess it really comes down to how threatening the punks were.


120 posted on 12/23/2007 8:54:36 AM PST by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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