Self Defense or Murder?

[Twangbanger]

 

[BehindBlueI's]

Guy goes into house with sole internet of becoming armed and adding fuel to the fire. From where I am sitting not too far of a stretch to view the survivor as the aggressor.

Seems like he became his own worst enemy.

Tactially stupid. Legally, I'm sure if he's prosecuted that will be part of the narrative building, though he's perfectly legal to have a weapon anywhere on his property and to confront a trespasser. I'd also expect we'll see a fight to get social media posts, prior text exchanges, etc. in to show mindset for both parties.

I'll repost my initial thought:

Monkey dance turned fatal. That's social posturing and bro-ness at it's finest. One could reasonable wonder what happened before the video started. You can protect your home and curtilage with deadly force, and now-dead-dude attempting to disarm him is a forcible felony. Now-dead-dude also seems to have the advantage of size, so disparity of force issue.

Going strictly from what this chunk of video shows, I think the home owner has a pretty solid self-defense claim but is still a moron. A perhaps "lawful but awful" act. Given that this chunk won't be the entirety of the case, something could change my mind...but my initial thought is a grand jury may indict if the prosecutor leads them that way but they'll have a real rough time getting a conviction.

Nothing has changed my mind that we've seen so far.

 

[DadSmith]

Does the fact that the woman refused to turn over the kid(s) that was ordered by the courts, have any bearing? Is that some variation of kidnapping?

Many call the dead man foolish. I don't have kids, but I can imagine whoever would mess with not letting the kids go would drive emotions straight up.

link to video with more of the prior events

That is a civil matter and he should have left and taken it to the judge. Judges do not like it when children are withheld without a very good reason and the mother would have to prove or convince the judge that disobeying his order was the right thing.

 

[mark40sw]

That is a civil matter and he should have left and taken it to the judge. Judges do not like it when children are withheld without a very good reason and the mother would have to prove or convince the judge that disobeying his order was the right thing.

I think it would be a criminal case, not civil?

I agree that he should have left and let the law handle it. But that is calm reasoning. Like I stated, I can only imagine the emotions involved with children at stake, so I can't blame the guy willing to clobber anyone that got in his way.

 

[pitbulld45]

A LONG but interesting breakdown of this case

 

[BehindBlueI's]

I think it would be a criminal case, not civil?

I agree that he should have left and let the law handle it. But that is calm reasoning. Like I stated, I can only imagine the emotions involved with children at stake, so I can't blame the guy willing to clobber anyone that got in his way.

Family law is civil law. There can be a criminal component as well, depending on context and specific state. Indiana has a "Interfering With Child Custody" law that could apply if all the elements are met.

 

[SheepDog4Life]

Homicide of Chad Read goes before grand jury, no charges will be filed against Carruth

and

Judge Dismisses Family Law Case of Children Whose Father Was Shot, Killed on Texas Front Porch During Argument Over Custody

 

[grillak]

i had an "incident" fairly recently where 3 thugs were trying to set me up. when their leader saw my p220 leave the leather, he immediately starts hollering about "ain't nobody scared of your gun". he did stop dead in his tracks and his boys decided they needed to be somewhere other.

i told him "don't be scared of the gun, be scared of the mf holding the gun". he changed his mind as well.

this bs bravado that people are pushing nowadays is getting a lot of them shot and or killed.

 

[actaeon277]

i had an "incident" fairly recently where 3 thugs were trying to set me up. when their leader saw my p220 leave the leather, he immediately starts hollering about "ain't nobody scared of your gun". he did stop dead in his tracks and his boys decided they needed to be somewhere other.

i told him "don't be scared of the gun, be scared of the mf holding the gun". he changed his mind as well.

this bs bravado that people are pushing nowadays is getting a lot of them shot and or killed.

Don't be scared of the gun.
Be scared of the high velocity package it delivers.