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To: rednesss; All
White told investigators that he fired after Silva backed up, sideswiping his car. He said he did not see her son in the car. White fired five shots into Rachel Silva's car, striking her twice in the arm and her son once in the knee.

197. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Is the use of an automobile against someone else likely to cause death or bodily injury? Yes or no?

What if I were to get into my car, slam it into reverse and head for you while you were seated in your car at a high rate of speed.

What would YOU do?

12 posted on 08/13/2008 9:31:11 AM PDT by freedomwarrior998
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To: freedomwarrior998

You are forgetting that this cop has been coached on what to say happened. That makes his word next to meaningless.


24 posted on 08/13/2008 9:37:12 AM PDT by Ford4000
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To: freedomwarrior998

‘Is the use of an automobile against someone else likely to cause death or bodily injury? Yes or no?”

if you are standing on the ground yes, if you are in your car then not in all cases.

It wasn’t a high rate of speed. How much speed could her car get in 4-5 feet? She was trying to get away because some guy pulled a gun on her.

But its ok for cops to shoot people whenever they feel like it eh?


27 posted on 08/13/2008 9:37:21 AM PDT by driftdiver (No More Obama - The corruption hasnÂ’t changed despite all our hopes.)
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To: freedomwarrior998
"What would YOU do?"

Put my own car into gear and avoid the incident. Anyway your example exaggerates this particular case. I've seen pictures of both his car and her car, I couldn't discern any damage to his car other than the fact that he shot his own driver's window out while playing Yosemite Sam. He wasn't even smart enough to roll down his own window first.

28 posted on 08/13/2008 9:37:58 AM PDT by rednesss (Fred Thompson - 2008)
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