a reply to:
AugustusMasonicus
Now the reason i do not like investing so much in these types of stories is that it is usually impossible to know the truth, or impossible to trust
anything due to so many agendas and biases. And this leads people to start to exaggerate and use hyperbolic language. But most certainly getting as
clear a picture as possible as to the whole event, which includes the actors, is important.
Now we both should know that no trial has happened yet, so many statements should be made with that understanding, referring to the fact we are
speculating or framing things with a narrative that is beneficial to our position, which is what we would do in court, and then afterwards it gets
decided what is "true." Which in this instance you talk about his life being threatened. And that is a claim that isnt completely substantiated nor
proven in a court either yet, might be right but you have written as if it was definitive, and i dont know what the basis for that is at the moment.
Likewise I will be arguing in part morally and hopefully it coincides with legal interpretations.
So first, is simply following someone considered threatening on it's own? Now we can work with two scenarios, one where they have something considered
a weapon and one without. I would say it matters not, unless they were wielding it in a way considered "brandishing." This to me would mean wielding
it where a reasonable person would considered it being wielded with an intent to harm or threaten. This is hard to see at the moment in this case,
based on the video i cant consider how they are holding the weapons as brandishing, until the man attacked them.
So an example of course is lets just say someone was following someone else in a store. And then the person who was being followed just attacked the
one doing the following. And then the person who was followed got killed. In this instance i would say the person who attacked was in the wrong, and
the person doing the following shouldnt be charged with murder nor manslaughter. Possibly harassment, but that would then require further
investigation and obviously would be a smaller punishment. But point here, is that simply following doesnt equal threat, or violence, or an attack.
More is needed
We also can compound this with an engagement of conversation, i.e. the person doing the following was not simply just following but was asking to talk
to the other person. Which also isnt an act of violence. This seems to be how the scenario we are dealing with played out. Now yes, in this instance
they tried to stop him before, and the man kept running, but that can also be proof that they didnt intend to harm the man, since they let him
continue to run without shooting him, the shooting only happened once the man running attacked the men with the guns.
Then of course, i would suggest certain people dont use the word jogger if it isnt actually true, because that can hurt ones case if they are riding
on that and it turns out not true. So if i say ran to mcdonalds because i was hungry, that doesnt make me a "jogger" nor "jogging," and i would be
lying if i called it as such. Jogger/jogging is a specific athletic/exercise activity, and means something different than simply running somewhere.
What can help the proof of jogging is perhaps clothing that is suited to jogging, or records that the jogger may have where they right down how long
they jog and the time. Or some proof that jogging is a part of their daily exercise, because that is the normal understanding of "jogging" and jogger,
not just some random person running somewhere.
So in short, from my understanding, your case rests upon the man who was shot, which from the video looks like initiated the fight, being justified in
doing so. That requires the men with the guns to have done something that would be deemed life threatening to the man running. That is what would need
to be proven in court. And from my argument above i do not think it would be justice for them to be charged, at least not for manslaughter or murder,
as from the evidence currently i dont see what they did that would have justified the actions of the man running, referring to initiating the fight.
Which is what then caused lives to be threatened. There may have been other things that they did wrong, but being charged with the death isnt justice
to me.