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South Carolina Father Wins Self-Defense Immunity in Shooting of Bystander
Legal Insurrection ^ | 10-10-2013 | Andrew Branca

Posted on 10/10/2013 4:08:00 PM PDT by servo1969

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Even though I live in SC I have not really heard of this case until today. I have not heard about the case on any of the national news feeds, either. I haven't been able to locate a photo of the victim or the shooter. I am not aware of Al Sharpton or Jesse Jackson planning any rallies or marches to raise awareness of 'this horrible injustice so typical in white America.' Nor have I read of any statements by the President.

I am therefore going to use my natural racist talents, which I have been assured I was born with and will never be able to apologize enough for, to make the following assumptions:

Either...

1. The shooter, Shannon Scott, is a black man which makes the race of the victim irrelevant to any national media outlets.

OR

2. The victim was white which makes the race of the shooter irrelevant to any national media outlets.

1 posted on 10/10/2013 4:08:00 PM PDT by servo1969
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To: upchuck

Interesting. The article doesn’t say if anyone in the aggressors’ car was prosecuted for felony murder, but it sounds like they should have been.


2 posted on 10/10/2013 4:14:34 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: servo1969
The State attorney’s office has appealed Judge Murphy’s ruling to the State Supreme Court

So instead of charging the aggressors with the bystanders death, as the law dictates, the State's Attorney wants to hang this on the home owner. There is no fate to cruel for scum like this lawyer.

3 posted on 10/10/2013 4:17:56 PM PDT by RightOnTheBorder
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To: servo1969

Option 1.

Shannon Scott is black, at least as identified in mug shot pub’d by Columbia, S.C., tv station.


4 posted on 10/10/2013 4:22:06 PM PDT by Fightin Whitey
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To: servo1969

The self-defense ruling is good, but I’m surprised there is no liability for shooting a bystander.


5 posted on 10/10/2013 4:22:59 PM PDT by aimhigh
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To: Fightin Whitey

Black or white, this is a righteous ruling. Good news for a change.


6 posted on 10/10/2013 4:26:37 PM PDT by House Atreides ( D)
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To: servo1969

What ever the race of those involved, it is a victory for our Second Amendment and our right to protect our property.


7 posted on 10/10/2013 4:30:45 PM PDT by Oliviaforever
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To: aimhigh

I was thinking the same thing. All my training revolved around taking bystanders into account. I won’t judge this case because I don’t know the details but a blanket exemption sounds like a bad idea.


8 posted on 10/10/2013 4:31:33 PM PDT by Squawk 8888 (I'd give up chocolate but I'm no quitter)
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To: House Atreides

Yep. Another poster was just questioning why there hadn’t been more publicity, and whether the lack of publicity might have had something to do with the shooter’s race.

Both shooter and the young bystander appear to be black, or mostly black, which by the mainstream media’s metrics means that none of it matters.


9 posted on 10/10/2013 4:35:00 PM PDT by Fightin Whitey
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To: Slings and Arrows

That was my thought exactly.


10 posted on 10/10/2013 4:35:49 PM PDT by EDINVA
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To: servo1969

The attackers are guilty of murder in the accidental defensive shooting.


11 posted on 10/10/2013 4:56:34 PM PDT by Uncle Miltie ("So the minimum plan for obamacare is 100 bucks a month I like you Obama but nigga I'm broke")
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To: servo1969

What was his 15-yr girl old doing in a nightclub at midnight?

Maybe if he had been a better parent an innocent wouldn’t be dead now.


12 posted on 10/10/2013 4:57:37 PM PDT by PTBAA
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To: aimhigh
I’m surprised there is no liability for shooting a bystander.

It works for cops. It ought to be good enough for private citizens as long as the self defense aspect was righteous.

13 posted on 10/10/2013 5:03:59 PM PDT by Paine in the Neck (Is John's moustache long enough YET?)
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To: Squawk 8888
I was thinking the same thing. All my training revolved around taking bystanders into account. I won’t judge this case because I don’t know the details but a blanket exemption sounds like a bad idea.

The article describes five conditions that must be met for the exemption to apply. IANAL, but from the sound of them, a defensive shooter would not be protected if he went "spray and pray," took out someone not in the line of fire between himself and the perp, or otherwise engaged in intrinsically irresponsible conduct.

14 posted on 10/10/2013 5:22:00 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: EDINVA

I’d really like an answer to that one.


15 posted on 10/10/2013 5:22:58 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: PTBAA

Would an LEO be judged guilty under similar circumstances?


16 posted on 10/10/2013 5:27:20 PM PDT by Starstruck (If my reply offends, you probably don't understand sarcasm or criticism...or do.)
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To: servo1969

In a previous ruling on the castle doctrine, the SC supreme court embraced an expansive view of that doctrine. If I recall it correctly, the justices ruled that an aggressor need not be armed to justify a shooting by the homeowner.


17 posted on 10/10/2013 7:35:49 PM PDT by sergeantdave
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To: Starstruck

I don’t understand the relevance of your question to my point. I’m not arguing that the legal verdict is wrong, I am pointing out that there is some moral culpability.

If you let your 15-year old daughter run wild, you shouldn’t be shocked if trouble follows her home. I find it sad that an innocent party lost their life because of it.


18 posted on 10/10/2013 9:00:19 PM PDT by PTBAA
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To: Starstruck

Yes, and has. But the agency is going to get sued. That’s why they all have liability insurance, which goes through the roof when one of these shootings (or any use of force that brings a lawsuit).

It’s the cost of business.

I find it interesting that no one is making light of the marksmanship skills of Shannon Scott? He did shoot the “wrong guy”.

If he had been a cop, there would have been 300 posts about “the cop needs more range time” “it was murder” “I would have hit him from 1000 yards away iron sites with my Kimber classic”....


19 posted on 10/11/2013 5:46:28 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: Molon Labbie

If he were a cop, the victim would have had 40-50 rounds in him from the 1000s discharged in random pattterns across the target area.


20 posted on 10/11/2013 6:23:14 AM PDT by antidisestablishment (Islam delenda est)
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