posted on Mar, 16 2009 @ 04:48 PM
Of course that warrants defending yourself.
The problem is, the guy pulled off into the middle of the woods and if the video were real, it would have been pretty clear that it was a trap.
So the other guy had a bat? It's not like the guy with the gun would have a way of knowing that. He lured people into the woods, pulled a gun on
them, and stole their car keys and camera. Period.
And what's more, he didn't turn the camera in to the police as evidence, he kept it and used it to make YouTube videos. That's armed robbery,
whether the other guy had a bat or not, because two wrongs don't make a right.
And if he had shot one of them, after luring them out there, pulling his gun, and stealing their property, he would have a tough time convincing a
prosecutor that he somehow knew the other people were going to be armed. That throws the bat/self defense argument out the window. A Texas jury would
probably buy it, but he could still be brought up on charges.
The armed robbery is solid though. If somebody threatens you with a bat, and you pull a gun on them and make them give you their wallet or their watch
or something else, you've just used armed robbery as a form of revenge - NOT a form of self defense.
The only saving grace the man with the gun had was the fact that he took a camera which recorded the incident. Unfortunately, in order for that to
hold up, he would have had to take it straight to the police. Taking the camera HOME, to post videos on YouTube mocking its' owners, and declaring
that it's now *his* new camera, makes it theft.
Had he shot somebody in the act of that theft, even if first degree murder hadn't held up he could still get second degree murder for killing
somebody during the commission of a crime.
It really doesn't matter if the guys "deserved it" for being grade-A jerks, nor does it matter that they were originally going to attack him. This
country operates on justice, not revenge, and people need to know the difference.
You can defend yourself, and you have that right, but you can't commit armed robbery against somebody in retaliation for them attempting to assault
If you can't tell the difference between defense and robbery, I sure hope you don't own guns yourself.
[edit on 16-3-2009 by mattifikation]