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Link Posted: 11/28/2021 11:27:46 AM EDT
[#1]
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Quoted:
Branca obviously missed Green shirt grabbing the gun and slinging Black shirt off the porch.  There is a pic of Green shirt stepping forward just as Black shirt shoots him.

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You should have written "TL;DR" at the start of your comment because Branca addresses that in detail.
Link Posted: 11/28/2021 11:36:22 AM EDT
[#2]
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Quoted:
bUt hE wAs tReSpAsSiNg!!!!!
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as opposed to the "he had a gun he is guilty...."crowd?
Link Posted: 11/28/2021 11:39:54 AM EDT
[#3]
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Quoted:
Guaranteed this is not the first run in between these two since black shirt Kyle is in the middle of Chad’s custody battle.

Black shirt has probably asked others, “At what point can I shoot someone when they come to my house?”
Black shirt did not hesitate when he went to get the gun, almost as if he were assured nothing would happen to him if he shot teal shirt guy.

My guess is that he was instructed if an altercation ever happened that he could Shoot a warning shot and if things escalated, he could shoot with no consequences if the dad went hands on or wouldnt leave.

It was very strange how quickly he went for a gun.
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I'm willing to bet you're right. Black shirt probably was under the impression that since his now ex is a judge, he knows the law and he'd never get in trouble.
Link Posted: 11/28/2021 11:55:51 AM EDT
[#4]
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Quoted:

I'm willing to bet you're right. Black shirt probably was under the impression that since his now ex is a judge, he knows the law and he'd never get in trouble.
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Quoted:
Quoted:
Guaranteed this is not the first run in between these two since black shirt Kyle is in the middle of Chad’s custody battle.

Black shirt has probably asked others, “At what point can I shoot someone when they come to my house?”
Black shirt did not hesitate when he went to get the gun, almost as if he were assured nothing would happen to him if he shot teal shirt guy.

My guess is that he was instructed if an altercation ever happened that he could Shoot a warning shot and if things escalated, he could shoot with no consequences if the dad went hands on or wouldnt leave.

It was very strange how quickly he went for a gun.

I'm willing to bet you're right. Black shirt probably was under the impression that since his now ex is a judge, he knows the law and he'd never get in trouble.

Bang bang
"I told you to leave!"

Yea, he shot the dude for trespassing. Someone told him in Texas you can freely shoot trespassers, and he believed that.
Link Posted: 11/28/2021 12:03:46 PM EDT
[#5]
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Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.
View Quote

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.





Link Posted: 11/28/2021 12:11:27 PM EDT
[#6]
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Quoted:

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




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Did you watch brancas video? He discussed this. It's a still from the second video.
Link Posted: 11/28/2021 12:31:21 PM EDT
[#7]
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Quoted:
Think he'll catch a "Deadly Conduct" & / Or "Aggravated Assault with a Deadly Weapon" on that very troublesome "Warning Shot"

Don't know that they can fully make murder, but as the attorney pointed out "Manslaughter" would certainly not be too steep a slope to land.

His commentary also address & answers the issues from the "Muh Castle!!" and the "Nuh Duty to Retreat" folks ...

those saying he'll never be indicted are smoking "Hopium" because now that the video is out & it's splashing in the Media, too late to try to sweep it under a rug now...

BIGGER_HAMMER

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Branca clearly said that he could have shot him at the time the warning shot was taken and it would have been a good shoot.

He basically said nothing folks were on about here was correct & doing the victory dance here is unfounded on either side. Going to get the gun was not an issue, and the video shows black shirt was provoked not the other way around. The analysis he presented was that castle doctrine didn't matter because he didn't have any duty to retreat regardless, so your mocking is total BS there.

Those saying he wasn't okay to go get his gun and that he illegally handled the gun and provoked green shirt deserve the biggest derision. The only thing that mattered was that he shot him and if there was an imminent threat at the very end. Provocation goes to green shirt not black shirt, hence voluntary manslaughter not murder.

He also said if he even shifted his weight forward at the end it was justified because green shirt was the one that provoked him. He doesn't see it but it looks like the video shows it. I think there were different versions of the video from inside.
Link Posted: 11/28/2021 12:37:04 PM EDT
[#8]
Black shirt should've shot green shirt instead of the warning shot or waited a second longer after the fling to see if green shirt was going to close the distance between them. Branca explained the tueller (sp?) drill doesn't really come into play since the rifle is shouldered, not a holstered pistol. Its only takes 0.2 seconds for black shirt to be able to react to advancement given the rifle being shouldered. I think there will be text messages or voicemails or something that will take this from manslaughter to premeditated murder
Link Posted: 11/28/2021 12:38:02 PM EDT
[#9]
The way I see it is Shooter went to get a firearm and threaten the father unnecessarily. The father responded to the threat in self defense and was killed. If I was on the jury my vote would be the shooter is guilty.

Link Posted: 11/28/2021 12:38:35 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG
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Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG


Their minds were already set in motion, the bodies followed.
Link Posted: 11/28/2021 12:39:29 PM EDT
[#11]
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.
Link Posted: 11/28/2021 12:47:25 PM EDT
[#12]
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Quoted:
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.
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Well, a legal one.

You all have to consider that if this goes in front of a GJ, it will be in Lubbock, TX.

And pitched to them by a local prosecutor from Lubbock, TX. Binger ain't coming down for this one.

If he is indicted and tried, the jury will be from Lubbock, TX.

There's still likely a whole lot of not wanting to touch this with a 10 foot pole in Lubbock, TX.

I can't see them putting their backs into it the way it would be in Minneapolis, Wisconsin, or some other deeply liberal shit hole.

Honestly this, like most cases discussed here fits a lot better in a wrongful death lawsuit, not a murder trial. We go leaping for murder charges whenever someone dies, but that's almost always the wrong venue for redress.


Link Posted: 11/28/2021 12:47:29 PM EDT
[#13]
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Quoted:
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.
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He wasn't trespassing, so all the positioning has nothing to do with it at all.  He murdered a man who was legally there to pick up his kid.

He's going to jail.
Link Posted: 11/28/2021 12:49:18 PM EDT
[#14]
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Quoted:
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.
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I agree that if it comes out that green shirt attempted to close the distance after the fling, then black shirt may avoid pound me in the ass prison. But the testimony will come from either black shirt himself, slut ex wife who's face was buried in her phone or the inside the house filmer. All three are biased towards black shirt. Woman in the truck will testify that green shirt didn't advance at all. This will all come down to attorneys and the jury. I hope it's a televised trial
Link Posted: 11/28/2021 12:51:07 PM EDT
[#15]
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Quoted:



He wasn't trespassing, so all the positioning has nothing to do with it at all.  He murdered a man who was legally there to pick up his kid.

He's going to jail.
View Quote


Yes he was.

When you are told to leave private property by the owner and you remain, you are trespassing. Doesn't matter why you were there. Your welcome is officially worn out.
Link Posted: 11/28/2021 12:53:25 PM EDT
[#16]
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Quoted:


Well, a legal one.

You all have to consider that if this goes in front of a GJ, it will be in Lubbock, TX.

And pitched to them by a local prosecutor from Lubbock, TX. Binger ain't coming down for this one.

If he is indicted and tried, the jury will be from Lubbock, TX.

There's still likely a whole lot of not wanting to touch this with a 10 foot pole in Lubbock, TX.

I can't see them putting their backs into it the way it would be in Minneapolis, Wisconsin, or some other deeply liberal shit hole.

Honestly this, like most cases discussed here fits a lot better in a wrongful death lawsuit, not a murder trial. We go leaping for murder charges whenever someone dies, but that's almost always the wrong venue for redress.


View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.


Well, a legal one.

You all have to consider that if this goes in front of a GJ, it will be in Lubbock, TX.

And pitched to them by a local prosecutor from Lubbock, TX. Binger ain't coming down for this one.

If he is indicted and tried, the jury will be from Lubbock, TX.

There's still likely a whole lot of not wanting to touch this with a 10 foot pole in Lubbock, TX.

I can't see them putting their backs into it the way it would be in Minneapolis, Wisconsin, or some other deeply liberal shit hole.

Honestly this, like most cases discussed here fits a lot better in a wrongful death lawsuit, not a murder trial. We go leaping for murder charges whenever someone dies, but that's almost always the wrong venue for redress.


Wow. I thought I had seen stupid but this takes the cake. 40 pages in and explained multiple times.  Texas AG is taking it, not Lubbock DA. And it will probably get a change of venue given the circumstances.

Attachment Attached File
Link Posted: 11/28/2021 12:54:27 PM EDT
[#17]
For the, “he was moving forward crowd.”



Look at green shirt’s position.  Feet are turned away.  Body is crumpled away.

Right now black shirt’s lawyer is saying black shirt saw green shirt raise his leg to move.  I read other articles that green shirt was turning to yell at the ex wife.  It’s going to be an interesting trial.  Like I said in my first post:

Quoted:
Hmm, tough call.  I need more info on this one.  Shootee looks like he is there to pick up his kids, and his ex-wife is either hiding them in the residence or somewhere else.  Shooter definitely escalated an already tense situation by bringing out the firearm, but that’s his right.  The warning shot looks like it was in response to shootee shoving the firearm away from him, so another escalation.  It didn’t look like shootee was going for the gun until shooter took a shot at his feet, so very little imminent threat that shooter didn’t create.  I’d say bad but possibly legal shoot depending on jury selection, lawyer quality, and other facts.
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Link Posted: 11/28/2021 12:55:01 PM EDT
[#18]
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Quoted:


Yes he was.

When you are told to leave private property by the owner and you remain, you are trespassing. Doesn't matter why you were there. Your welcome is officially worn out.
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Quoted:
Quoted:



He wasn't trespassing, so all the positioning has nothing to do with it at all.  He murdered a man who was legally there to pick up his kid.

He's going to jail.


Yes he was.

When you are told to leave private property by the owner and you remain, you are trespassing. Doesn't matter why you were there. Your welcome is officially worn out.



Court order trumps property owner.

Tell a cop with a warrant he's trespassing, see how that works out.

Dad has court approved visitation schedule to pick up his kid, signed by a judge.    Can't be a trespasser and follow the courts order at the same time.  Trespassing ain't gonna fly.
Link Posted: 11/28/2021 12:56:47 PM EDT
[#19]
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Quoted:


Well, a legal one.

You all have to consider that if this goes in front of a GJ, it will be in Lubbock, TX.

And pitched to them by a local prosecutor from Lubbock, TX. Binger ain't coming down for this one.

If he is indicted and tried, the jury will be from Lubbock, TX.

There's still likely a whole lot of not wanting to touch this with a 10 foot pole in Lubbock, TX.

I can't see them putting their backs into it the way it would be in Minneapolis, Wisconsin, or some other deeply liberal shit hole.

Honestly this, like most cases discussed here fits a lot better in a wrongful death lawsuit, not a murder trial. We go leaping for murder charges whenever someone dies, but that's almost always the wrong venue for redress.


View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
There will also likely be testimony that he advanced off of the porch, and if he did even slightly it is a good shoot.


Well, a legal one.

You all have to consider that if this goes in front of a GJ, it will be in Lubbock, TX.

And pitched to them by a local prosecutor from Lubbock, TX. Binger ain't coming down for this one.

If he is indicted and tried, the jury will be from Lubbock, TX.

There's still likely a whole lot of not wanting to touch this with a 10 foot pole in Lubbock, TX.

I can't see them putting their backs into it the way it would be in Minneapolis, Wisconsin, or some other deeply liberal shit hole.

Honestly this, like most cases discussed here fits a lot better in a wrongful death lawsuit, not a murder trial. We go leaping for murder charges whenever someone dies, but that's almost always the wrong venue for redress.



It’s not being handled by locals anymore.  Black shirt’s soon to be ex wife is a judge there.  It all got handed over to the state due to conflict of interest.
Link Posted: 11/28/2021 12:58:56 PM EDT
[#20]
I think the warning shot was stress and bad trigger discipline.  This escalated everything with dad now in fear of his life and shooter now panicked that he fucked up.  Bad shoot.
Link Posted: 11/28/2021 1:00:04 PM EDT
[#21]
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Quoted:


Yes he was.

When you are told to leave private property by the owner and you remain, you are trespassing. Doesn't matter why you were there. Your welcome is officially worn out.
View Quote View All Quotes
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Quoted:
Quoted:



He wasn't trespassing, so all the positioning has nothing to do with it at all.  He murdered a man who was legally there to pick up his kid.

He's going to jail.


Yes he was.

When you are told to leave private property by the owner and you remain, you are trespassing. Doesn't matter why you were there. Your welcome is officially worn out.

You can’t shoot trespassers, even in Texas.  If green shirt had sat in the yard and said fuck you.  Black shirt couldn’t have done anything about it.
Link Posted: 11/28/2021 1:01:19 PM EDT
[#22]
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Quoted:
For the, “he was moving forward crowd.”

https://www.ar15.com/media/mediaFiles/483730/4A2595AC-53A0-463C-9E78-C25EF582D8BA-2184280.png

Look at green shirt’s position.  Feet are turned away.  Body is crumpled away.

Right now black shirt’s lawyer is saying black shirt saw green shirt raise his leg to move.  I read other articles that green shirt was turning to yell at the ex wife.  It’s going to be an interesting trial.  Like I said in my first post:

View Quote View All Quotes
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Quoted:
For the, “he was moving forward crowd.”

https://www.ar15.com/media/mediaFiles/483730/4A2595AC-53A0-463C-9E78-C25EF582D8BA-2184280.png

Look at green shirt’s position.  Feet are turned away.  Body is crumpled away.

Right now black shirt’s lawyer is saying black shirt saw green shirt raise his leg to move.  I read other articles that green shirt was turning to yell at the ex wife.  It’s going to be an interesting trial.  Like I said in my first post:

Quoted:
Hmm, tough call.  I need more info on this one.  Shootee looks like he is there to pick up his kids, and his ex-wife is either hiding them in the residence or somewhere else.  Shooter definitely escalated an already tense situation by bringing out the firearm, but that’s his right.  The warning shot looks like it was in response to shootee shoving the firearm away from him, so another escalation.  It didn’t look like shootee was going for the gun until shooter took a shot at his feet, so very little imminent threat that shooter didn’t create.  I’d say bad but possibly legal shoot depending on jury selection, lawyer quality, and other facts.

Yea the positioning of the body leads me to believe he wasn't advancing, I believe he was facing his bitch ex wife, probably saying something like get your boy
Link Posted: 11/28/2021 1:01:54 PM EDT
[#23]
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Quoted:

You can’t shoot trespassers, even in Texas.  If green shirt at sat in the yard and said fuck you.  Black shirt couldn’t have done anything about it.
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Not saying that.  I'm saying he was in fact trespassing when he refused to leave.
Link Posted: 11/28/2021 1:03:41 PM EDT
[#24]
This will be the next media trial.
Link Posted: 11/28/2021 1:04:38 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




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Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.
Link Posted: 11/28/2021 1:06:59 PM EDT
[#26]
At the end of it, one of two things will happen. Black shirt will be broke and single or in prison.
Link Posted: 11/28/2021 1:10:08 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Yea the positioning of the body leads me to believe he wasn't advancing, I believe he was facing his bitch ex wife, probably saying something like get your boy
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Quoted:
Quoted:
For the, "he was moving forward crowd."

https://www.ar15.com/media/mediaFiles/483730/4A2595AC-53A0-463C-9E78-C25EF582D8BA-2184280.png

Look at green shirt's position.  Feet are turned away.  Body is crumpled away.

Right now black shirt's lawyer is saying black shirt saw green shirt raise his leg to move.  I read other articles that green shirt was turning to yell at the ex wife.  It's going to be an interesting trial.  Like I said in my first post:

Quoted:
Hmm, tough call.  I need more info on this one.  Shootee looks like he is there to pick up his kids, and his ex-wife is either hiding them in the residence or somewhere else.  Shooter definitely escalated an already tense situation by bringing out the firearm, but that's his right.  The warning shot looks like it was in response to shootee shoving the firearm away from him, so another escalation.  It didn't look like shootee was going for the gun until shooter took a shot at his feet, so very little imminent threat that shooter didn't create.  I'd say bad but possibly legal shoot depending on jury selection, lawyer quality, and other facts.

Yea the positioning of the body leads me to believe he wasn't advancing, I believe he was facing his bitch ex wife, probably saying something like get your boy
He was standing on the yard(off the porch), facing black shirt, still yelling, "You think I'm fucking scared of you".

ETA: Black shirt may have seen him step off porch, interpreted that as moving forward.
Link Posted: 11/28/2021 1:10:13 PM EDT
[#28]
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Quoted:


Not saying that.  I'm saying he was in fact trespassing when he refused to leave.
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Which doesn't mean a damn thing a far as the shooting
Link Posted: 11/28/2021 1:11:27 PM EDT
[#29]
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Quoted:
Branca clearly said that he could have shot him at the time the warning shot was taken and it would have been a good shoot.

He basically said nothing folks were on about here was correct & doing the victory dance here is unfounded on either side. Going to get the gun was not an issue, and the video shows black shirt was provoked not the other way around. The analysis he presented was that castle doctrine didn't matter because he didn't have any duty to retreat regardless, so your mocking is total BS there.

Those saying he wasn't okay to go get his gun and that he illegally handled the gun and provoked green shirt deserve the biggest derision. The only thing that mattered was that he shot him and if there was an imminent threat at the very end. Provocation goes to green shirt not black shirt, hence voluntary manslaughter not murder.

He also said if he even shifted his weight forward at the end it was justified because green shirt was the one that provoked him. He doesn't see it but it looks like the video shows it. I think there were different versions of the video from inside.
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Simply put; if black shirt hasn’t bright the gun out then he wouldn’t be looking at possibly taking a ride through the legal system.  There was zero need to introduce the gun into that situation
Link Posted: 11/28/2021 1:12:43 PM EDT
[#30]
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Quoted:
At the end of it, one of two things will happen. Black shirt will be broke and single or in prison.
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He'll be single the second he's charged.
Link Posted: 11/28/2021 1:16:01 PM EDT
[#31]
Didn't realize we had so many legal scholars.
Link Posted: 11/28/2021 1:17:04 PM EDT
[#32]
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Quoted:
He was standing on the yard(off the porch), facing black shirt, still yelling, "I'm not fucking scared of you".

ETA: Black shirt may have seen him step off porch, interpreted that as moving forward.
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Quoted:
Quoted:
Quoted:
For the, "he was moving forward crowd."

https://www.ar15.com/media/mediaFiles/483730/4A2595AC-53A0-463C-9E78-C25EF582D8BA-2184280.png

Look at green shirt's position.  Feet are turned away.  Body is crumpled away.

Right now black shirt's lawyer is saying black shirt saw green shirt raise his leg to move.  I read other articles that green shirt was turning to yell at the ex wife.  It's going to be an interesting trial.  Like I said in my first post:

Quoted:
Hmm, tough call.  I need more info on this one.  Shootee looks like he is there to pick up his kids, and his ex-wife is either hiding them in the residence or somewhere else.  Shooter definitely escalated an already tense situation by bringing out the firearm, but that's his right.  The warning shot looks like it was in response to shootee shoving the firearm away from him, so another escalation.  It didn't look like shootee was going for the gun until shooter took a shot at his feet, so very little imminent threat that shooter didn't create.  I'd say bad but possibly legal shoot depending on jury selection, lawyer quality, and other facts.

Yea the positioning of the body leads me to believe he wasn't advancing, I believe he was facing his bitch ex wife, probably saying something like get your boy
He was standing on the yard(off the porch), facing black shirt, still yelling, "I'm not fucking scared of you".

ETA: Black shirt may have seen him step off porch, interpreted that as moving forward.

Oh ok. I didn't catch the audio at that point. I don't see it personally, green shirt didn't throw him and immediately give chase. While he may have been acting aggressively, he didn't seem outright violent. I could see raising the rifle after the throw and then waiting to see what green shirts next move was but not just firing at that point.
Link Posted: 11/28/2021 1:20:17 PM EDT
[#33]
Agreed - I meant good shoot as in legal, not "good".

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Quoted:



Simply put; if black shirt hasn't bright the gun out then he wouldn't be looking at possibly taking a ride through the legal system.  There was zero need to introduce the gun into that situation
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I agree with all that, but people were saying he didn't have a right to get it and it is legal provocation and we need new guns laws, which was all incorrect.
Link Posted: 11/28/2021 1:23:54 PM EDT
[#34]
Murder.
Link Posted: 11/28/2021 1:24:43 PM EDT
[#35]
That still shot looks like black shirt was blocking green shirt's path back to his truck.  Any "advancing" on black shirt by green shirt would have also been in the direction of egress.

Isn't that false imprisonment by black shirt according to that last trial...
Link Posted: 11/28/2021 1:25:46 PM EDT
[#36]
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Quoted:
Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.
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Quoted:
Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.

Link Posted: 11/28/2021 1:27:12 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That still shot looks like black shirt was blocking green shirt's path back to his truck.  Any "advancing" on black shirt by green shirt would have also been in the direction of egress.

Isn't that false imprisonment by black shirt according to that last trial...
View Quote

How is that even an argument considering green shirt put himself right there in that spot while throwing black shirt off his own porch?
Link Posted: 11/28/2021 1:27:52 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Didn't realize we had so many legal scholars.
View Quote

If you carry a gun everyday and everywhere, it really is in your best interests to know when you can and can’t use it.  It’s also helpful to mentally prepare yourself for possible reactions to producing a firearm.  I’ll bet black shirt thought the gun coming out was going to be the end of the argument.
Link Posted: 11/28/2021 1:28:11 PM EDT
[#39]
This thread can be summed up in two words: bad shoot.
Link Posted: 11/28/2021 1:29:58 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That still shot looks like black shirt was blocking green shirt's path back to his truck.  Any "advancing" on black shirt by green shirt would have also been in the direction of egress.

Isn't that false imprisonment by black shirt according to that last trial...
View Quote

Justified use of force is an affirmative defense in Texas for confinement.  So if black shirt was good to use deadly force, he was good on the confinement.
Link Posted: 11/28/2021 1:31:10 PM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That still shot looks like black shirt was blocking green shirt's path back to his truck.  Any "advancing" on black shirt by green shirt would have also been in the direction of egress.

Isn't that false imprisonment by black shirt according to that last trial...
View Quote
Green shirt put himself in that position.

If Green shirt showed signs of yielding, maybe. He was still showing signs of aggression.


*with regards to advancing or not
Link Posted: 11/28/2021 1:31:37 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Didn't realize we had so many legal scholars.
View Quote

Its a hobby we all should have. Carry a gun to be hard to kill, know the law to be hard to convict. I'm also a recreational amateur gynecologist
Link Posted: 11/28/2021 1:35:07 PM EDT
[#43]
This is how green shirt’s body ended up in its final position



ETA: Check your emotional hang ups at the door and watch videos closely.

ETAx2: Pay very close attention between 00:11 and 00:12 seconds. Use the pause feature. This is a clean shoot.
Link Posted: 11/28/2021 1:37:19 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.


Really not seeing green shirt advancing toward black shirt in that video.  Looks like he’s puffing his chest out and lifting his head to yell at him.  Looking at his feet, they’re both on the porch.  Left heel is up, but I’m not seeing green shirt advancing.
Link Posted: 11/28/2021 1:38:10 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Really not seeing green shirt advancing toward black shirt in that video.  Looks like he’s puffing his chest out and lifting his head to yell at him.  Looking at his feet, they’re both on the porch.  Left heel is up, but I’m not seeing green shirt advancing.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.


Really not seeing green shirt advancing toward black shirt in that video.  Looks like he’s puffing his chest out and lifting his head to yell at him.  Looking at his feet, they’re both on the porch.  Left heel is up, but I’m not seeing green shirt advancing.

He’s already done his advancing, he’s getting shot at that point.
Link Posted: 11/28/2021 1:38:54 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Its a hobby we all should have. Carry a gun to be hard to kill, know the law to be hard to convict. I'm also a recreational amateur gynecologist
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Didn't realize we had so many legal scholars.

Its a hobby we all should have. Carry a gun to be hard to kill, know the law to be hard to convict. I'm also a recreational amateur gynecologist

You to?  I thought I was the only one.
Link Posted: 11/28/2021 1:41:08 PM EDT
[#47]
This came in on Branca's blog from a LOSD member.
His name is on the blog post, but i will not enter it here.
Content below:

"I think Andrew missed the most important factor in this case.
The Shooter does not live at this property and does not own this property.
The shooter is married to a judge.
This property belongs to the father of the child, and the mother and child live on the property.
The mother is violating the divorce agreement by refusing to turn over the child at the court agreed-upon time 3 PM on this property
The father has a divorce agreement ratified by the court that states he’s allowed to be on his own property at 3 PM to pick up the child.
Shooter is illegally interfering with a court ordered agreement.
He’s committing one of several crimes by trying to trespass the father.
The father verbally asserts his legal rights.
The shooter leaves a verbal argument goes to a place of safety and instead of calling the police, returns with a gun.
He then commits further crimes by initiating a deadly force attack of the father by shooting the warning shot.
Warning shots are completely illegal in Texas.
Responding to a non-deadly force attack with deadly force is also illegal in Texas.
The father has every right to respond to the deadly force warning shot attack with his own deadly force attack.
I am certain that this guy’s wife, the judge, would love the local authorities to prosecute him especially as he’s cheating on her with this man’s ex-wife.
I am certain Texas going to throw the book at him."

Does this change any minds?
Link Posted: 11/28/2021 1:42:50 PM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.

View Quote

I watched that clip five times and I'm not seeing it.  What I see is black shirt getting flung and as soon as he is stable he raises the gun and shoots, meanwhile green shirt is also regaining his footing and I can't tell from that angle is if he is trying to back up, stomp his foot or  advance.  ETA: it almost looks like he is stumbling against the porch.  When black shirt raises the rifle and aims at the other guys chest, he isn't seeing any feet either.  Given the distance, black shirt could have raised the rifle to aim and waited a second, firing only when it was clear green shirt was advancing.  Too much ambiguity in that video for me.
Link Posted: 11/28/2021 1:44:14 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

He’s already done his advancing, he’s getting shot at that point.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
Quoted:
I really like this pic

https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG

ETA: For all the posters saying green shirt didn’t continue advancing. Here is a much better, UNCROPPED image.

Andrew Branca in the above video he posted apparently didn't see this picture as he himself stated he based his opinion on the two cell phone videos that he saw.
In this picture it appears that the deceased was still moving forward toward the shooter after he had spun and tossed the shooter off of the porch.
https://www.ar15.com/media/mediaFiles/9106/Screenshot_20211126-221832_Samsung_Inter-2182509.JPG




Watch the video.  That still image doesn't show what you think it shows.  The guy is moving backwards in the frames adjacent to that image.

Green shirt ended off the porch spinning black shirt off the porch. Watch the video again and pay close attention to 00:11-00:12 seconds marks. The first shot that strikes green shirt is when green shirt is regaining his footing. Up to that point, green shirt has done all the advancing and was in attack mode.  Green shirt is in motion when the first shot that strikes is taken. Again, pay very close attention to the 00:11-00:12 second marks. Look at black shirt’s body movements, look at green shirt’s body movements.

This is a clean shoot.


Really not seeing green shirt advancing toward black shirt in that video.  Looks like he’s puffing his chest out and lifting his head to yell at him.  Looking at his feet, they’re both on the porch.  Left heel is up, but I’m not seeing green shirt advancing.

He’s already done his advancing, he’s getting shot at that point.

If green shirt is done with his advancing and black shirt shoots him, then it’s a bad shoot per SME Andrew Branca.  Window of imminent harm had closed.
Link Posted: 11/28/2021 1:46:52 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

If green shirt is done with his advancing and black shirt shoots him, then it’s a bad shoot per SME Andrew Branca.  Window of imminent harm had closed.
View Quote

I think he means he has initiated his advance, not completed it.
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