General Categories > General Firearm Discussion
CCW Holder Convicted of Manslaughter in 2015 Shooting
Chris Z:
He was convicted of:
Manslaughter - Class IIA Felony - punishable by up to 20 years in prison. No minimum penalty.
Use of a weapon to commit a felony (firearm) - Class II Felony - minimum 1 year, maximum 20 year penalty
GreyGeek:
Cutting to the chase on the 5th Amendment,
http://lawcomic.net/guide/?p=2630
Remember, the Miranda rule helps the state more than you!
You cannot make a single "blanket" invocation. If you fail to invoke it for each and every incriminating question, it's waived for all subsequent questions. If you don't invoke it at all and remain silent not only do you lose the right but your silence will be taken as an admission of guilt. Taking the 5th is strewn with booby traps, land mines, trip wires, bottomless pits and who knows what else. That's why, even before you are charged with anything you take the 5th and demand a lawyer. A good lawyer. Make sure his/her collars and cuffs arn't frayed and there are no holes in the soles of their shoes. If it is a court-appointed attorney ... good luck, and I hope your prayer line to God is in working order.
depserv:
--- Quote from: GreyGeek on August 05, 2016, 12:57:17 PM ---Cutting to the chase on the 5th Amendment,
http://lawcomic.net/guide/?p=2630
If it is a court-appointed attorney ... good luck, and I hope your prayer line to God is in working order.
--- End quote ---
Are you suggesting that a public pretender might not do a good job? Seems like I've heard that before, from people with sad experience in the matter.
One thing about this case is that any time a previously law-abiding permit-holder gets convicted of a crime of this type it will be used as ammunition by America's internal enemy in their war on freedom, even if only as a statistic. Permit-holders have an exceptionally good record, but it doesn't take many things like this to make it look bad. For that reason and to keep your own freedom, I suggest that all who carry avoid making the bad decisions this guy made. Avoiding a fight does not make you a coward it makes you smart. If you want to be a hero do it by supporting a wife and kids, and if you want to be a tough guy, enter a tough guy contest. But don't try to do what we hire the police to do (unless there is no reasonable alternative).
GreyGeek:
To give you an idea of how complicated using the 5th Amendment is consider this flow chart:
http://lawcomic.net/guide/?p=2897
Kilroy:
I have to agree with the jury on this one. While seemingly well-intentioned, the shooter created the bad situation he ended up needing a gun to safely get out of.
A CCW is not an escape hatch for a situation that might end badly. If you wouldn't go somewhere or wouldn't do something without a gun, then you most definitely shouldn't do it with one.
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