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SmallSpoonBrigade
Nate The Lawyer
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Comments by "SmallSpoonBrigade" (@SmallSpoonBrigade) on "Man Convicted Of 1st Degree Murder For Shooting Burglars During Home Invasion." video.
Honestly, it appears to me that he honestly believed that fact that he was in his own home and they broke in entitled him to do anything he liked rather than something closer to the minimum amount of force necessary to protect himself. He really should have consulted with an attorney at some point in the process. It may or may not have saved the teens, but it would likely have kept him out of prison.
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@theoverunderthinker That's entirely possible. One of the unfortunate things about trials where one side is dead is that you don't ever get to the complete bottom of what happened. The moving the truck was a bad idea, as was darkening the basement, but neither is likely to be enough to support a 1st degree murder conviction as they were in his house. The recording and the admission though pretty much guaranteed a guilty verdict.
9
@iandavidvillaloboswong5180 It's not absurd, he isn't going to prison for the rest of his life because he used a firearm to defend himself. He's going to prison for the rest of his life because he used excessive force in doing so. He literally admitted to using too much force, and there was a recording of him engaging in a coup de grâce as she begged for her life after having done the same to her cousin before hiding the body. That's murder, that's not self-defense.
3
No, it doesn't. There are so many things that he did wrong that led to the conviction other than having and using firearms in self-defense. He went to prison because he used more bullets than the law allows and he was dumb enough to admit to doing so and providing a recording that contradicted his statement. Without the admission and the recording he probably wouldn't have been convicted. It's hard to say about the civil suit as the burden of proof is lower than it is in a criminal case.
3
@@theviewbot He moved the car, removed the lights in the basement and sat in wait for them to break in. He then uses more shots than necessary on the first victim, then moves and wraps the body with a tarp that was presumably already there before waiting for the second victim and then shoots her while she begs for her life. All without calling 911 one time. That is rather cold and calculated to those of us that aren't psychopaths.
3
@iandavidvillaloboswong5180 That's what forensic science is for, and if it was determined that you likely destroyed evidence due to the expectation of legal proceedings, they will add that to the list of charges. I personally think that's dumb just like it's dumb to expect somebody on trial to not lie on the stand, but I don't make the rules.
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@kosmique Yes, those things could potentially be used as evidence to support premeditation. But, I'm not sure if that would be enough to make it murder if he called 911 after using minimal force when they're the ones that broke in.
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@hirotakasugi4891 Not really, these sorts of situations are still relatively rare no matter what people might say. Far more people murder themselves with firearms than use them in any sort of self-defense situation.
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