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Posted: 6/30/2019 9:33:38 PM EST
Independent reporter charged for drawing weapon when threatened by mob

http://concealednation.org/2017/02/man-who-pulled-gun-on-protestors-in-portland-demonstration-found-guilty/

DESPITE the statute for self-defense being rather in-favor of the person using force to defend themselves


2015 ORS 161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
View Quote
Prosecutors successfully argued before Multnomah County Circuit Judge Thomas Ryan that concealed carrier and independent videographer-journalist Michael Aaron Strickland, 37, did not have reasonable fear of his own life when he pulled out a semi-automatic pistol and attempted to withdraw from a Black Lives Matter and Don’t Shoot Portland demonstration.
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He was found GUILTY
https://www.oregonlive.com/portland/2017/02/guilty_man_who_pulled_gun_out.html

Strickland, who had a concealed weapons permit, claimed self-defense. He contended some protesters and anarchists wearing masks and carrying flagpoles had called him a racist, told him to leave, aggressively advanced toward him and pushed him. Some of the confrontation was caught on video -- including Strickland's own.

Strickland can be heard saying "Get the hell back!" before pulling out his gun.

During closing arguments, prosecutor Todd Jackson said no one touched Strickland and that he overreacted. The men carrying flagpoles weren't near Strickland when he took out his gun, Jackson said.

Strickland could have simply turned and run away if he had been afraid, prosecutors said.
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Strickland brought lots of bullets -- 123 -- to the protest with him, prosecutors said. He didn't fire off any rounds during the incident.
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Reasonable, I would say. BUT

During jury selection, after listening to an afternoon of prospective jurors criticize guns during the voir dire process, Strickland decided to forgo a jury trial and instead let the judge decide his case.
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End result, was found guilty of 10 counts of unlawful use of a weapon, 10 counts of menacing, and second-degree disorderly conduct. I believe that's one count for each bullet in the magazine. Similar charges/convictions happen in federal court when a felon possesses a firearm. Each bullet is a felony

Don't know if Oregon has a duty to retreat law, KY doesn't.
Link Posted: 6/30/2019 9:34:49 PM EST
[#1]
His only problem was not firing.

Link Posted: 6/30/2019 9:34:54 PM EST
[#2]
You will not be allowed to resist the Party.
Link Posted: 6/30/2019 9:36:37 PM EST
[#3]
Time to bring a bunch of MMA friends.
Link Posted: 6/30/2019 9:37:35 PM EST
[#4]
I'm going to get in before the "play stupid games" boomers arrive and tell us nothing to see here, folks.
Link Posted: 6/30/2019 9:38:55 PM EST
[#5]
Easy deconfliction rule for boomercons: factions that aren't arrested are deputized militia. If you wouldn't shoot a cop with a baton, you shouldn't shoot black bloc with a milkshake.
Link Posted: 6/30/2019 9:39:40 PM EST
[#6]
I was hunting for that case. Thanks OP.
Link Posted: 6/30/2019 9:40:15 PM EST
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Time to bring a bunch of MMA friends.
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Maybe that's why folks are armoring up and wearing PPE.

Reinforce arms against strikes. Wear helmet to protect against concrete milkshakes. Wear goggles and mouth covering to protect against piss-bottles.
Link Posted: 6/30/2019 9:41:39 PM EST
[#8]
Doesn't the Army teach mag dump to break contact when ambushed?
Link Posted: 6/30/2019 9:47:43 PM EST
[#9]
Isn't this the guy who stayed around and talked to them afterwards?  That didn't help his case.
Link Posted: 6/30/2019 9:50:24 PM EST
[#10]
No difference between them and a pack of feral pitbulls
Link Posted: 6/30/2019 9:51:20 PM EST
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm going to get in before the "play stupid games" boomers arrive and tell us nothing to see here, folks.
View Quote
If all you're gonna do is talk it doesn't matter what you say.
Link Posted: 6/30/2019 9:54:28 PM EST
[#12]
Long range optics
Link Posted: 6/30/2019 9:55:04 PM EST
[#13]
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
Link Posted: 6/30/2019 10:02:49 PM EST
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
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 Do reasonable people get seated on a jury in occupied portland?  He would have walked if I was on that jury.
Link Posted: 6/30/2019 10:03:14 PM EST
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
Not exactly. Per the first article

ORS 161.209…a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
It is whether the person believed the force was necessary, not a reasonable person or some standard. It is subjective. Jury has to believe that the person using self-defense believed it was necessary, is my understanding.
Link Posted: 6/30/2019 10:11:29 PM EST
[#17]
Discussion ForumsJump to Quoted PostQuote History
Outrageous, right?
Link Posted: 6/30/2019 10:12:21 PM EST
[#18]
Discussion ForumsJump to Quoted PostQuote History
Didn't that guy get 15 years?
Link Posted: 6/30/2019 10:12:48 PM EST
[#19]
Tactical blunder to mix amongst the mob given the current situation.
Link Posted: 6/30/2019 10:12:53 PM EST
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Long range optics
View Quote
From a position you will never see............comes a sound you will never hear...............
Link Posted: 6/30/2019 10:13:26 PM EST
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
From a position you will never see............comes a sound you will never hear...............
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Long range optics
From a position you will never see............comes a sound you will never hear...............
Overwatch is a thing?
Link Posted: 6/30/2019 10:14:26 PM EST
[#22]
Apparently, he failed to convince the jury that he feared for his life.   Failing that, conviction was fairly certain in Portland's political climate.
Link Posted: 6/30/2019 10:14:39 PM EST
[#23]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
View Quote
except he didn't actually use force. he drew his gun and kept it at low ready
Link Posted: 6/30/2019 10:18:46 PM EST
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Apparently, he failed to convince the jury that he feared for his life.   Failing that, conviction was fairly certain in Portland's political climate.
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See original post. He didn't get a jury trial because he felt the ones being picked were anti-gun, it seems. Had a bench trial
Link Posted: 6/30/2019 10:19:39 PM EST
[#25]
And did you all notice the 10 felony counts? One for each bullet in the magazine!
Link Posted: 6/30/2019 10:32:26 PM EST
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It hinges on whether a reasonable person in like circumstances and conditions be fearful for their life or of great bodily injury?  Hence his conviction.
View Quote
If that were the case then why the need for the crooked judge to seal the video? Also, this judge had an outburst saying all guns should be taken out of the US, put on a boat, and sunk in the ocean. At least he included LEO's guns as well.
Link Posted: 6/30/2019 10:34:19 PM EST
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Not exactly. Per the first article

It is whether the person believed the force was necessary, not a reasonable person or some standard. It is subjective. Jury has to believe that the person using self-defense believed it was necessary, is my understanding.
View Quote
Only 2 of the jury believed it was ok to use guns for protection, which the prosecution would've excused. Read the first comment at the bottom of the article.
Link Posted: 6/30/2019 10:41:05 PM EST
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Apparently, he failed to convince the jury that he feared for his life.   Failing that, conviction was fairly certain in Portland's political climate.
View Quote
No Jury, bench activist ignoring and/or misinterpreting law...

Should appeal and get retrial moved out of shitty jurisdiction.
Link Posted: 6/30/2019 10:43:16 PM EST
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

If that were the case then why the need for the crooked judge to seal the video? Also, this judge had an outburst saying all guns should be taken out of the US, put on a boat, and sunk in the ocean. At least he included LEO's guns as well.
View Quote
Now why couldn't a smart and aggressive lawyer use this judge's clearly prejudicial and biased remarks as a basis for a damn-dear automatic reversal on appeal?
Link Posted: 6/30/2019 10:49:34 PM EST
[#30]
This is why if you are determined to bring a gun to an antifa rally, you would be better off 7-800m away and on a roof top.

Good fields of fire and a solid plan to break contact will be the next logical step.  Might as well begin there.

ETA; this approach obviously won't be a one man adventure.
Link Posted: 6/30/2019 10:51:44 PM EST
[#31]
Judged by 12, instead of carried by six.
Link Posted: 7/1/2019 12:09:58 AM EST
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

If that were the case then why the need for the crooked judge to seal the video? Also, this judge had an outburst saying all guns should be taken out of the US, put on a boat, and sunk in the ocean. At least he included LEO's guns as well.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:

If that were the case then why the need for the crooked judge to seal the video? Also, this judge had an outburst saying all guns should be taken out of the US, put on a boat, and sunk in the ocean. At least he included LEO's guns as well.
I must have missed that part. @Aimless does that seem wrong to you? Seems wrong to me (but I'm not a lawyer and don't know all the acceptable/unacceptable stuff of judges). But if this was a bench trial doesn't that show the judge consciously chose to not disregard any biases he has and apply the law, as juries are told to do?

Quoted:
Judged by 12, instead of carried by six.
Judged by one apparently corrupt judge if the above is true

ETA:

Link Posted: 7/1/2019 12:18:20 AM EST
[#33]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
And did you all notice the 10 felony counts? One for each bullet in the magazine!
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Usually it's a count for each of the listed victims.
Link Posted: 7/1/2019 12:19:03 AM EST
[#34]
Link Posted: 7/1/2019 12:30:11 AM EST
[#35]
I'm pretty sure conservatives don't protest Antifa. People get permits to do events and  Antifa shows up and does terrorism.
Link Posted: 7/1/2019 12:42:34 AM EST
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Maybe that's why folks are armoring up and wearing PPE.

Reinforce arms against strikes. Wear helmet to protect against concrete milkshakes. Wear goggles and mouth covering to protect against piss-bottles.
View Quote
Also video, video, video.  And report it to any LE there, and video the report to them.
Link Posted: 7/1/2019 12:56:20 AM EST
[#37]
This is why I won't criticize anyone just for wearing a mask.
Link Posted: 7/1/2019 8:25:17 AM EST
[#38]
Willingly going to one of these, with the expectation of fighting, is a recipe for getting murdered by a psycho liberal off their meds, or prosecuted for murder by a liberal gov should some liberal get killed.

Total playing stupid games, with only stupid prizes for compensation. I might understand if your defending protests in your own town, against antifa who have traveled to fuck with your ability to protest, but traveling to a liberal shithole to protest a locally government supported  antifa is just stupid.
Link Posted: 7/1/2019 8:31:23 AM EST
[#39]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No difference between them and a pack of feral pitbulls
View Quote
Organization. Opposable thumbs.
Link Posted: 7/1/2019 8:38:31 AM EST
[#40]
A CCW permit is not a license to kill.
It does not give you the right to enforce the law with deadly force.

All it does is give you the right to defend yourself or others from deadly force.
With that right comes the responsibility to avoid potentially dangerous situations. Go to biker bars, kkk rallies, and political protests (or other areas where violence is common or almost guaranteed) is a terrible idea, and even worse if you have your CCW on you, its a recipe for disaster.

Not to mention there are just some places in the US where sadly your rights are no longer guarantee. Cities like Portland, Seattle, Chicago, NY, and entire states like CA, NJ, NY.
Link Posted: 7/1/2019 8:42:05 AM EST
[#41]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Willingly going to one of these, with the expectation of fighting, is a recipe for getting murdered by a psycho liberal off their meds, or prosecuted for murder by a liberal gov should some liberal get killed.

Total playing stupid games, with only stupid prizes for compensation. I might understand if your defending protests in your own town, against antifa who have traveled to fuck with your ability to protest, but traveling to a liberal shithole to protest a locally government supported  antifa is just stupid.
View Quote
Exactly this.

The Proud Boys know they will never get a fair trial in Portland so they prepare accordingly.
Link Posted: 7/1/2019 8:42:22 AM EST
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
A CCW permit is not a license to kill.
It does not give you the right to enforce the law with deadly force.

All it does is give you the right to defend yourself or others from deadly force.
With that right comes the responsibility to avoid potentially dangerous situations. Go to biker bars, kkk rallies, and political protests (or other areas where violence is common or almost guaranteed) is a terrible idea, and even worse if you have your CCW on you, its a recipe for disaster.

Not to mention there are just some places in the US where sadly your rights are no longer guarantee. Cities like Portland, Seattle, Chicago, NY, and entire states like CA, NJ, NY.
View Quote
Protests that the media was bending over backwards to tell everyone were peaceful are potentially dangerous situations?  
Link Posted: 7/1/2019 8:44:17 AM EST
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Judged by 12, instead of carried by six.
View Quote
Waived jury trial because jury pool was tainted, should’ve petitioned for change of venue but went with bench trial. Judge was activist looking to make an example rather than follow the law....should appeal and ask for change of venue if granted. If overturned, previous judge should be censured.
Link Posted: 7/1/2019 8:50:33 AM EST
[#44]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
A CCW permit is not a license to kill.
It does not give you the right to enforce the law with deadly force.

All it does is give you the right to defend yourself or others from deadly force.
With that right comes the responsibility to avoid potentially dangerous situations. Go to biker bars, kkk rallies, and political protests (or other areas where violence is common or almost guaranteed) is a terrible idea, and even worse if you have your CCW on you, its a recipe for disaster.

Not to mention there are just some places in the US where sadly your rights are no longer guarantee. Cities like Portland, Seattle, Chicago, NY, and entire states like CA, NJ, NY.
View Quote
He was a reporter within his First Amendment rights and threatened with bodily harm. These were some of the first protests, so really who knew what would go down. There was video and he was greatly outnumbered. The judge is basically a turd.
Link Posted: 7/1/2019 8:52:50 AM EST
[#45]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Protests that the media was bending over backwards to tell everyone were peaceful are potentially dangerous situations?  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
A CCW permit is not a license to kill.
It does not give you the right to enforce the law with deadly force.

All it does is give you the right to defend yourself or others from deadly force.
With that right comes the responsibility to avoid potentially dangerous situations. Go to biker bars, kkk rallies, and political protests (or other areas where violence is common or almost guaranteed) is a terrible idea, and even worse if you have your CCW on you, its a recipe for disaster.

Not to mention there are just some places in the US where sadly your rights are no longer guarantee. Cities like Portland, Seattle, Chicago, NY, and entire states like CA, NJ, NY.
Protests that the media was bending over backwards to tell everyone were peaceful are potentially dangerous situations?  
The media in the PNW is split on this. Anyone with any amount of situational awareness realizes violence is probable.
Link Posted: 7/1/2019 8:55:58 AM EST
[#46]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Waived jury trial because jury pool was tainted, should’ve petitioned for change of venue but went with bench trial. Judge was activist looking to make an example rather than follow the law....should appeal and ask for change of venue if granted. If overturned, previous judge should be censured.
View Quote
You spelled "sent to prison" incorrectly.
Link Posted: 7/1/2019 8:56:20 AM EST
[#47]
They need to do their protests in Salem.

Salem is much more conservative than Portland or Eugene (hard to believe, but true nonetheless), and you'll get a far better judge then those fucking cunts in Portland.
Link Posted: 7/1/2019 8:58:38 AM EST
[#48]
Some video of the incident.  NSFW language.

Wish it would have started about 30 seconds earlier....

Man pulling gun at Portland protest caught on video
Link Posted: 7/1/2019 9:04:05 AM EST
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Tactical blunder to mix amongst the mob given the current situation.
View Quote
The tactical blunder was to allow leftists to get into everything. That's why they are free to attack, and anyone who defends gets jammed up.
Link Posted: 7/1/2019 9:04:57 AM EST
[#50]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Willingly going to one of these, with the expectation of fighting, is a recipe for getting murdered by a psycho liberal off their meds, or prosecuted for murder by a liberal gov should some liberal get killed.

Total playing stupid games, with only stupid prizes for compensation. I might understand if your defending protests in your own town, against antifa who have traveled to fuck with your ability to protest, but traveling to a liberal shithole to protest a locally government supported  antifa is just stupid.
View Quote
Stop being such a push over. If they want a fight we should be giving them a fight. Street violence and control is political power.
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