Wow....61 Yr old arrest for holding robber at gun point

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Wow....61 Yr old arrest for holding robber at gun point

Postby Ken » Sat Mar 10, 2012 9:42 am

The last words spoken before a YouTube video is filmed: "Hold my beer, now watch this..."

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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby GrizzlyGuy » Sat Mar 10, 2012 12:49 pm

Pretty crappy, eh? It was the warning shot that got him into trouble. Holding robbers at gunpoint is even legal in CA, so it's probably legal in NH.

FYI in California we private citizens have virtually the same arrest powers as the cops, and this in the penal code is what allows us to hold people at gunpoint when arresting them:
An arrest is made by an actual restraint of the person, or by
submission to the custody of an officer. The person arrested may be
subjected to such restraint as is reasonable for his arrest and
detention
.
Still, I think hogtying someone would be a lot more fun. :)
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby Ken » Sun Mar 11, 2012 7:19 am

Agreed.

His reply..."I was worried that this guy was going to come after me." will probably save his ass.

If I was a lawyer, and I'm not....I would argue that the suspect, has already broken the law. As a law abiding citizen, capturing a law breaking citizen in the act...I would not know how far subject was willing to break the law...robbery? Assault...murder? Unknown...therefor any move by the subject, could be interpreted as a provocative, and potentially lethal move by the subject. Firing at the ground, was the least lethal course available to thwart an aggressive move of possibly lethal consequences to myself...


How did I do said jury member? :)
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby GrizzlyGuy » Sun Mar 11, 2012 9:20 am

You'd get a 'not guilty' from me! Along with an atta-boy after the trial...
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby Mr. Green » Sun Mar 11, 2012 12:37 pm

Id hang that jury for sure if i was sitting on it that's if charges are brought up on this guy (i doubt the DA will prosecute though). A cop i know in Chicago told me the best thing to yell in in a situation like this. "Stop. I fear for my life" he mentuioned say it often and say it load if you can get just 1 person / witness to hear it your almost golden.
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby GrizzlyGuy » Sun Mar 11, 2012 8:30 pm

Mr. Green wrote:Id hang that jury for sure if i was sitting on it that's if charges are brought up on this guy (i doubt the DA will prosecute though).
Yes! Along those lines, here is some good reading from the Fully Informed Jury Association: Jury Protection for Second Amendment

Of course before you can nullify a jury you have to get on one. I fawked up big the last time I was called for jury duty, was way too honest/forthcoming with the judge during the selection questioning and ended up getting bounced, so this is a good read too: Surviving Voir Dire ~ How to Get on The Jury
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby Mr. Green » Sun Mar 11, 2012 11:10 pm

"Or you can also state no reason for your decision, as is your right"

I have a jury summons for march 26, ive had several but never picked, i get dismissed usually when lawyers start asking me question's im to honest id say.

last time was for a husband that beat his wife at a party they had. the questions was "can you count on a witness's testimony even if they had had large amounts of alcoholic intake over the past hours"? i said "yes if its a large or traumatic event, i wouldnt say for certain if some one made a super bowl bet with someone, but id remember if someone slugged someone in the face so id trust a inebriated witness if he had other people that also backed up his statement".

and bam i was dismissed
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby hemingray » Mon Mar 12, 2012 7:32 pm

Peremptory can be hard to avoid. The last time I was in the selection process, I don't even know why I got dismissed. No pointed questions or obvious things - guess the attorney just didn't like me. :-)
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby Ken » Mon Mar 12, 2012 10:11 pm

I remember my ex-wife got selected....she was like 7 months pregnant with my daughter. They basically told her...you don't go, we'll just call you back after the birth...which was the LAST thing she wanted to do....so reluctantly (Understatement) went....

She made it to the jury box....and they asked her something ..I don't remember exactly...and her answer was.....Would he be here if he wasn't guilty?

NEXT! bounced her right there...service served.
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Re: Wow....61 Yr old arrest for holding robber at gun point

Postby GrizzlyGuy » Wed Mar 14, 2012 9:29 am

Ken wrote: She made it to the jury box....and they asked her something ..I don't remember exactly...and her answer was.....Would he be here if he wasn't guilty?

NEXT! bounced her right there...service served.
LOL! Yeah, it's real easy to get booted. The tough part is getting ON the damned jury! It seems like they only want dummies to make it through the selection process...
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