ok here is what i believe most of us missed,in the story it says "Police said Jeffrey Carson, 29, of Elyria, broke into a house at 112 Water St. about 2:44 a.m. after getting a friend to boost him up to get in through an unlocked window" heres an idea you want answers to why this happened to your brother go ask the turd sandwich hold the bread that gave him a boost in the window.
Otherwise known as the Bryan Ciyou method.The homeowners should have just ran, far far away from their own house and as fast as they could have.
But yes, let's go taunt the guy who just shot your brother whilst he was being a criminal. Just like going up to a lawfully carrying citizen and screaming obscenities and generally being nasty.
...This means that the victim(s) aren't on the hook civilly either, as the accomplice is a fault, so the "family" should be going after the accomplice....
That's akin to poking sticks at an angry alligator.. Not a smart idea.
That's akin to poking sticks at an angry alligator.. Not a smart idea.
From a civil liability standpoint, that is not accurate, but it would still be a relatively simple case to defend, assuming the facts s reported in the original article are accurate.
With extremely limited exceptions, "the judge will just throw it out" is a myth, a fairy tale.
After a clean cut case of self defense (criminally), how often does the same case go to civil court and the person who acted in self defense loses ?
What are some of the possible reasons they lost in civil court but they were cleared of charges criminally?
The "no legal jeopardy whatsoever" seems pretty solid (although I agree with your statements of ambiguity earlier).
(not being snarky, seriously asking)
After a clean cut case of self defense (criminally), how often does the same case go to civil court and the person who acted in self defense loses ?
What are some of the possible reasons they lost in civil court but they were cleared of charges criminally?
The "no legal jeopardy whatsoever" seems pretty solid (although I agree with your statements of ambiguity earlier).
(not being snarky, seriously asking)
After a clean cut case of self defense (criminally), how often does the same case go to civil court and the person who acted in self defense loses ?
What are some of the possible reasons they lost in civil court but they were cleared of charges criminally?
After a clean cut case of self defense (criminally), how often does the same case go to civil court and the person who acted in self defense loses ?
What are some of the possible reasons they lost in civil court but they were cleared of charges criminally?
The "no legal jeopardy whatsoever" seems pretty solid (although I agree with your statements of ambiguity earlier).
(not being snarky, seriously asking)
"Preponderance of evidence" (civil) vs. "Reasonable doubt" (criminal).
After the last few replies (thanks to everyone that replied) I can say it's a sad state of affairs when this is the case.
(goes to check out some insurance policies on this type of stuff.. I know we've had discussions on it before)