Poll: did the jury on which Donk sat in a murder case get it right?

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • jjgold
    SBR Aristocracy
    • 07-20-05
    • 388179

    #36
    when you have a 4th grade education this is what happens
    Comment
    • PittsburghPlayer
      SBR Hall of Famer
      • 01-11-10
      • 6760

      #37
      Originally posted by MickeyMan
      Who gives a fukk about the case, tell us about how during deliberations you hammered one of the female jurors from behind as another one licked your asshole while all of the male jurors stood and watched jerking off and admiring you
      For real/Classic.

      C`mon Auto, pictures of fellow jury members eating your asshole or this is fallacy.
      Comment
      • manny24
        SBR Posting Legend
        • 10-22-07
        • 20046

        #38
        if you're taking notes Donker the edit should include the part

        where you grab OG's hood rat (may he rest in peace) by the pvssy and toss HER salad

        while stacking black viagra and pro-lapsing Young G's hood rat every un-sequestered minute
        Comment
        • Auto Donk
          SBR Aristocracy
          • 09-03-13
          • 43558

          #39
          Originally posted by Sam Losco
          i thought lawyers legally couldnt be on juries
          negative, ghost rider.....



          Comment
          • Auto Donk
            SBR Aristocracy
            • 09-03-13
            • 43558

            #40
            Originally posted by manny24
            if you're taking notes Donker the edit should include the part

            where you grab OG's hood rat (may he rest in peace) by the pvssy and toss HER salad

            while stacking black viagra and pro-lapsing Young G's hood rat every un-sequestered minute
            very valid point....

            well taken
            Comment
            • Auto Donk
              SBR Aristocracy
              • 09-03-13
              • 43558

              #41
              for all of you fukkers wanting photos/video of the "action" in the jury room....... what happens (happened) in the jury room, stays in the jury room.....

              as for racism.... a black man I've never met (old g's dad) hugged me and cried in my arms for two-three straight minutes when I came out of the jury room and into the hallway..... a classy gentleman who I was proud to have provided "justice" to.... it'll never bring his boy back -- and yeah, he may have been a legit gangbangin' Blood -- but he was still that man's son -- but at least I was instrumental in relieving that man and his family's pain.... pain they've felt since 7/31/16....

              black or white, I was proud to do it.....
              Comment
              • redlily
                SBR Sharp
                • 09-13-11
                • 396

                #42
                I couldnt read whole story. Normal few days in my life. Ill have to pass?!?
                Comment
                • Auto Donk
                  SBR Aristocracy
                  • 09-03-13
                  • 43558

                  #43
                  a day in the life.... i got 1 2 3 4 5 6 7 8 shooters ready to gun you down..... ready to gun you down.... ready to gun you down.....

                  what could possibly go wrong in the hood.....

                  paid $7500 on a st. laurent jacket, bitch be careful where ya dumpin' yor ashes.....



                  ps... yor bitch get jiggy wit me....
                  Comment
                  • redlily
                    SBR Sharp
                    • 09-13-11
                    • 396

                    #44
                    Originally posted by Auto Donk
                    a day in the life.... i got 1 2 3 4 5 6 7 8 shooters ready to gun you down..... ready to gun you down.... ready to gun you down.....

                    what could possibly go wrong in the hood.....

                    paid $7500 on a st. laurent jacket, bitch be careful where ya dumpin' yor ashes.....

                    WTF
                    Comment
                    • Auto Donk
                      SBR Aristocracy
                      • 09-03-13
                      • 43558

                      #45
                      Originally posted by redlily
                      WTF
                      that wasn't meant toward you, redlily.... just a commentary on what a lot of my clients deal with daily, are influenced by, and have to deal with.....

                      the culture in the hood is tough when real families, parents and grand parents, have to bury the kids they loved and who were innocent little fukkers before the shit went off the rails.....

                      hard shit to deal with emotionally, even for me......

                      I was strong for old G's dad, his mom, and grandmother (who was a Bible totin' old school Lady) as they cried on my shoulder after our verdict -- but broke down myself later with my wife after having felt their pain for a week straight..... white or black, the pain they felt transferred to me..... it's tough to deal with when you see it in your face, not just reading about it or hearing it spelled out on the news or in statistics.....

                      I doubt many of us have had to deal with seeing their child laying in the middle of a street in a pool of his own blood after having been gunned down, or the autopsy photos of your child with a bullet hole in his cheek -- the child you brought into this world and loved like nothin else ever......

                      any sbr'ers with kids will get what I'm talkin' about.....
                      Comment
                      • BuckyOne
                        SBR MVP
                        • 01-02-15
                        • 2728

                        #46
                        Did the defendant take the stand?
                        On a scale of 1-10 / how good was the defense attorney team?

                        Even if the decedent had gotten 1 round off I think the last execution shot is a crime.

                        I cannot not feel sorry for the decedent-he killed himself by reaching in his pocket. Only a moron would do that/go to the fight in a t shirt and gym shorts and say from 50 yards that he was ready to fight, no weapons.
                        Comment
                        • PittsburghPlayer
                          SBR Hall of Famer
                          • 01-11-10
                          • 6760

                          #47
                          AutoDong, man enough to admit that real men do cry when they see and feel injustice

                          is there any act of kindness this man is not capable of?

                          a true Hero
                          Comment
                          • Auto Donk
                            SBR Aristocracy
                            • 09-03-13
                            • 43558

                            #48
                            wow.... 14-6..... I didn't think I'd see such support for young G's position
                            Comment
                            • mrpapageorgio
                              SBR MVP
                              • 09-07-17
                              • 2974

                              #49
                              Originally posted by PittsburghPlayer
                              AutoDong, man enough to admit that real men do cry when they see and feel injustice

                              is there any act of kindness this man is not capable of?

                              a true Hero


                              "[H]e's the hero SBR deserves, but not the one it needs right now, so we'll hunt him. Because he can take it, because he's not a hero. He's a silent guardian, a watchful protector,
                              a Donk Knight."
                              Comment
                              • PittsburghPlayer
                                SBR Hall of Famer
                                • 01-11-10
                                • 6760

                                #50
                                Hunt him `cause he can take it?

                                I hunt him to pick up the scraps of women he leaves behind

                                we are all animals, all that matters is to what degree of civility
                                Comment
                                • eidolon
                                  SBR Hall of Famer
                                  • 01-02-08
                                  • 9531

                                  #51
                                  Originally posted by Auto Donk
                                  perfect analysis, exactly what the jurors decided under my tutelage....

                                  judge gave him 28 yrs in tdcj after we handed down our verdict.... (defendant elected to have the judge assess the sentence rather than the jury.... mistake on his part, as we'd have given him 20 yrs -- the available range for murder in texas, a first degree felony, is 5-99 yrs). Generally, in Texas, you serve only 1/3 of your sentence, so we might have given him 25--we didn't deliberate on an actual sentence, but I'm pretty sure the jury would follow my lead.

                                  an interesting point that had entered my mind -- and that of one other asian juror, a fifty something aged man, was the OG was already on his way to dying from the first shot (undisputed medical evidence indicates the first shot that went into his chest was not survivable), was did it really matter that he more or less fired and "execution" style shot to the face of the OG, given he was already gonna die?


                                  as our jury instructions didn't address that, we convicted him....
                                  Maybe the 2nd shot was a mercy shot; put the guy out of his misery. It was all a misunderstanding and he felt bad and din't want the guy to suffer.

















                                  Comment
                                  • Auto Donk
                                    SBR Aristocracy
                                    • 09-03-13
                                    • 43558

                                    #52
                                    actually, talked to young g's new hood rat girlfriend outside the courthouse as I left; she said he did it because if the guy happened to survive, he'd certainly kill him, the defendant, in retribution..... in other words, he still feared him because he diun't know he was fatally wounded, and felt he had to finish him off....

                                    don't think texas law of self defense extends to fear of future retaliation of being murdered...

                                    and for whoever asked, no, he did not take the stand, but had given a recorded statement to an hpd homicide detective 2 hours, 45 mins after the shooting, and the jury heard it....
                                    Comment
                                    • Cuse0323
                                      BARRELED IN @ SBR!
                                      • 12-09-09
                                      • 30169

                                      #53
                                      Did what he had to do to survive, but still guilty. Thug life caught up to him. When keeping it real goes wrong. Shouldn’t have run his mouth asking to catch a fight. Had to know he was gonna catch a bullet so took it into his own hands. I couldn’t be on a jury. I’d probably argue for young thug.
                                      Comment
                                      • The Kraken
                                        BARRELED IN @ SBR!
                                        • 12-25-11
                                        • 28918

                                        #54
                                        My thoughts:

                                        The first 4 shots are fine. It's likely the OG had a gun even if it wasn't on him when police arrived. He feared for his life and used deadly force.

                                        What all of you have said is also true, the shot to the head was no longer self defense. It was a separate act as his life was no longer in danger therefore that one shot has to be treated separately. It's almost identical to the case in Oklahoma where Jerome Ersland, a pharmacist, shot an armed robber. After the robber kid was laying on the ground Ersland walks over and finishes him off. The kid even had a gun near him. Well, Ersland is still is prison to this day and will be for many more. There is a precedent here

                                        As for the shot to the chest that went through both lungs and the heart, unfortunately it's a moot point. At that point, the OG was alive when other man shot him in the head. Maybe it was unsurvivable, maybe not but either way it doesn't matter.

                                        What would have made it more interesting was if there were multiple witnesses stating the OG appeared to be dead when the guy shot him in the head. That would have made for a great case
                                        Comment
                                        • Auto Donk
                                          SBR Aristocracy
                                          • 09-03-13
                                          • 43558

                                          #55
                                          Originally posted by The Kraken
                                          My thoughts:

                                          The first 4 shots are fine. It's likely the OG had a gun even if it wasn't on him when police arrived. He feared for his life and used deadly force.

                                          What all of you have said is also true, the shot to the head was no longer self defense. It was a separate act as his life was no longer in danger therefore that one shot has to be treated separately. It's almost identical to the case in Oklahoma where Jerome Ersland, a pharmacist, shot an armed robber. After the robber kid was laying on the ground Ersland walks over and finishes him off. The kid even had a gun near him. Well, Ersland is still is prison to this day and will be for many more. There is a precedent here

                                          As for the shot to the chest that went through both lungs and the heart, unfortunately it's a moot point. At that point, the OG was alive when other man shot him in the head. Maybe it was unsurvivable, maybe not but either way it doesn't matter.

                                          What would have made it more interesting was if there were multiple witnesses stating the OG appeared to be dead when the guy shot him in the head. That would have made for a great case
                                          very on pt analysis, and essentially the avenue down which the jury went to render its verdict....

                                          mind you, we had explicit jury instructions we had to follow, and the requirement that the defendant still had to have a reasonable fear (from his individual standpoint, ie, subjective) that the danger from which he was defending himself from still existed at the time he emptied his gun (ie, fired the final shot into OG with the gun pressed against his face).... we found it was not reasonable to think that the danger still existed at the time he executed OG.

                                          the defendant's new girlfriend provided the answer (after the trial, to me down on the street outside the courthouse) that he executed OG for fear of future retaliation from OG once he got out of the hospitial, not knowing the chest shot was unsurvivable....

                                          our instructions, and texas law, don't give you that option, however.... the fear has to be of deadly force being used or potentially used against you AT THE TIME you shoot -- it can't be the fear that he might use it against you down the road at some later time..... so even if the defendant had testified as to his rational (he didn't take the stand) or other evidence had come in that the execution was due to a reasonable fear that OG would kill him in revenge on a later date or time, it would not have affected our verdict in all likelihood....
                                          Comment
                                          • Auto Donk
                                            SBR Aristocracy
                                            • 09-03-13
                                            • 43558

                                            #56
                                            Originally posted by Cuse0323
                                            Did what he had to do to survive, but still guilty. Thug life caught up to him. When keeping it real goes wrong. Shouldn’t have run his mouth asking to catch a fight. Had to know he was gonna catch a bullet so took it into his own hands. I couldn’t be on a jury. I’d probably argue for young thug.
                                            very well put.... and defendants such as young g don't know the law of self defense as defined by the state of Texas as they are out there prowling the streets....

                                            on an editorial note (and none of this was before the jury, i looked up his criminal record afterward, and that of the victim), young g had caught two more charges while out on bond for the murder charge, for selling cocaine and possessing marijuana.... old g had several illegally possessing firearms charges and drug dealing on his record.... again, none of this was before us (as it shouldn't have been), I looked it up via my attorney access to both of their records available on the harris county district clerk's online site available to LAWYERS.....
                                            Comment
                                            • BuckyOne
                                              SBR MVP
                                              • 01-02-15
                                              • 2728

                                              #57
                                              This is so much like the old west in the 1850's. Our society has not made much progress. It is amazing the mentality of these two people that it had come down to kill or be killed!
                                              Comment
                                              • MMANick
                                                SBR MVP
                                                • 12-06-16
                                                • 4075

                                                #58
                                                Guilty.
                                                Comment
                                                • Auto Donk
                                                  SBR Aristocracy
                                                  • 09-03-13
                                                  • 43558

                                                  #59
                                                  view of the apartments where the shit went down:








                                                  behind the cars parked against the building is the street that divides the two rows of units; the main drag where OG was gunned down, essentially in the middle of the street......

                                                  in the evenings (shootout was at 7:45 pm in the summer, sun was about to set), residents sit on the white bars designed to keep trippin' residents from crashing into the buildings..... it's the "social scene" of that area of the hood, where people from neighboring homes to come to and gather, sell/buy drugs, etc.....


                                                  if you're a white boy and like to get your ass kicked, just walk down that street around 8-10 pm on any week night....

                                                  reviews note the rats there are strong as shit, and can literally "bust through the walls......"

                                                  https://www.google.com/search?q=sir+...cc70aa08a161,1,,,



                                                  diggity, set up a poll on brittany, nina bey, and vanessa.... the three mocha skinned babes that wrote those reviews....





                                                  I just took some molly, what up!!!
                                                  Comment
                                                  • str
                                                    SBR Posting Legend
                                                    • 01-12-09
                                                    • 11786

                                                    #60
                                                    Originally posted by Auto Donk
                                                    wow.... 14-6..... I didn't think I'd see such support for young G's position
                                                    Obviously the young shooter was guilty. Yet, I voted NOT guilty. Not sure that I would have if I was a juror though.

                                                    Why did I say not guilty?

                                                    Because the law says this:

                                                    one may use deadly force if he reasonably believes it is necessary to fend off the use of deadly force against himself. Texas law also explicitly states that one need not retreat, and that one may fire his weapon until empty SO LONG as the shooter defending himself REASONABLY believes IN HIS MIND that the danger he is defending himself from still exists at the time he is shooting (a subjective, from his point of view standard).....

                                                    He reasonably believed in his mind that the OG was still a danger.

                                                    I do not see how one can judge that to be untrue because it is subjective.

                                                    That said, I am glad he was found guilty because other than the way the law is written which allows that action to become argued as subjective, it was a no brainer. And from the human aspect, the defendant was undoubtedly going to do it again, so lives were probably saved.

                                                    I know you can't use that but all of you probably felt that way.

                                                    The head shot did him in but I do not see where and when the immediate threat actually ends. The shooter did not know at the time about the heart and lung story.

                                                    Very difficult law to interpret . Again, glad you jurors were able to sift through the subjective law and find the fitting decision.

                                                    Well done IMO.
                                                    Comment
                                                    • Auto Donk
                                                      SBR Aristocracy
                                                      • 09-03-13
                                                      • 43558

                                                      #61
                                                      well written, str.....

                                                      and yes, the topic of what the defendant was perceiving by way of any "continuted danger" was settled by most jurors in their minds with the following analysis: if one thinks that a guy laying on his back with no weapon in his hands is still a danger to his life, he would want to stay back a bit from him, and not feel comfortable enough to lean over beside him, put the barrel of a handgun against his face, and pull the trigger.....
                                                      Comment
                                                      • str
                                                        SBR Posting Legend
                                                        • 01-12-09
                                                        • 11786

                                                        #62
                                                        Originally posted by Auto Donk
                                                        well written, str.....

                                                        and yes, the topic of what the defendant was perceiving by way of any "continuted danger" was settled by most jurors in their minds with the following analysis: if one thinks that a guy laying on his back with no weapon in his hands is still a danger to his life, he would want to stay back a bit from him, and not feel comfortable enough to lean over beside him, put the barrel of a handgun against his face, and pull the trigger.....
                                                        I like that. Certainly a solid enough point to help negate what I was speaking to.

                                                        I hate the way that law is written but it does allow for a subjective jury as well as the defendant. Which seems to allow for the spirit of the law instead of only the letter of the law. If that is the case, maybe the way the law is written helps the jury.

                                                        Sounds like you jurors talked through it and did what was right.

                                                        Again, Well done Auto .
                                                        Comment
                                                        • Auto Donk
                                                          SBR Aristocracy
                                                          • 09-03-13
                                                          • 43558

                                                          #63
                                                          thanks, str.....

                                                          believe me, although it was a relatively quick verdict (3 hrs of deliberations), we talked all the angles through, and would have had even more to discuss if we hadn't settled on lack of self defense in the last fatal shot.

                                                          texas law says generally a defendant can't claim self defense if he "provokes" the confrontation in which he ultimately uses deadly force.....

                                                          that was another potential problem.....

                                                          and, as for the defendant, he didn't have any family show up to support him (OG had numerous family members throughout the trial), and it sucked to see a guy who'd made such choices have to pay for them, knowing deep down he had no one there -- both at trial, and most likely in his life -- to guide him in the right direction in life..... it was a sad day to convict him, knowing all the facts, but in the end, we felt we had to do our duty and follow the law....

                                                          I found no enjoyment or satisfaction in convicting him..... there were no winners in the case, only losers and those who'd experienced great loss.... on both sides -- one, the life of a loved son, the other the life of a young man now geared for prison for the next 9 or so years, for whom things could have certainly been different if he'd had a family during his teen years, as it certainly seemed he was lacking....
                                                          Comment
                                                          • str
                                                            SBR Posting Legend
                                                            • 01-12-09
                                                            • 11786

                                                            #64
                                                            Originally posted by Auto Donk
                                                            thanks, str.....

                                                            believe me, although it was a relatively quick verdict (3 hrs of deliberations), we talked all the angles through, and would have had even more to discuss if we hadn't settled on lack of self defense in the last fatal shot.

                                                            texas law says generally a defendant can't claim self defense if he "provokes" the confrontation in which he ultimately uses deadly force.....

                                                            that was another potential problem.....

                                                            and, as for the defendant, he didn't have any family show up to support him (OG had numerous family members throughout the trial), and it sucked to see a guy who'd made such choices have to pay for them, knowing deep down he had no one there -- both at trial, and most likely in his life -- to guide him in the right direction in life..... it was a sad day to convict him, knowing all the facts, but in the end, we felt we had to do our duty and follow the law....

                                                            I found no enjoyment or satisfaction in convicting him..... there were no winners in the case, only losers and those who'd experienced great loss.... on both sides -- one, the life of a loved son, the other the life of a young man now geared for prison for the next 9 or so years, for whom things could have certainly been different if he'd had a family during his teen years, as it certainly seemed he was lacking....

                                                            Yeah. I would expect nothing less .

                                                            Quite a sad story of a kid lost in the hood.

                                                            I was born and raised in Wash. D.C. and knew plenty of guys like that.

                                                            When I became a thoroughbred trainer I had plenty of guys from the Pimlico hood who came to work for me. They had no opportunity, no father, sometimes no mother, etc. Very sad. I tried to help those that tried to help themselves. Once you get to know them, the sorrowful feeling for them can really set in.
                                                            I had a kid named Neal come to work for me from the hood. We used to call him eel because he could slither through traffic in the lane and drive to the basket like not many can. We would play pick up hoops after the races back before I was married in my early 20's . He had a little brother named Lester (yep, we called him Lester the Molester), and he came to work for me as well. Long story short, Lester gets in a pinch selling pot and some guys in the hood are looking for him with a piece. Neal gets his gun and sticks up for his little brother. Neal gets shot and paralyzed for life from the waist down and Lester ends up in jail for about a year on drug charges and other stuff. Two employees lost and it broke by heart. They were about my age or a little younger. I was born a white kid in DC not rich but comfortable and they were born in Balt. in the hood with pretty much nobody. Life's luck of the draw.
                                                            I must have hired a hundred young guys from the Balt. slum at Pimlico over the years always trying to help where I could. But there is only so much you can do. All that those young guys go through makes me sad to this day when I think about their lack of opportunity.

                                                            Thanks Donk !
                                                            Comment
                                                            • BuckyOne
                                                              SBR MVP
                                                              • 01-02-15
                                                              • 2728

                                                              #65
                                                              What if:

                                                              The brother/friend/father - anything of the dead guy comes flying out - says WTF -does not know how many shots the defendant fired and the defendant raises his weapon and hypothetically gets smoked by the new guy on the scene. Guilty or not guilty of the right to defend himself.

                                                              If the dead guy would have gotten one shot off - whole new story? It seems to me if somebody got the concealed weapon off of the dead body and hid it away from the cops he/she was certainly guilty of removing evidence from the crime scene and got this defendant convicted. What was the defendant doing - why couldn't he see somebody getting away with a gun or did he run off after the last shot was fired.

                                                              How is the appeal going to go? If the defendant can find out what happened to the gun he could get off on appeal. That OG's rat could get the living crap/beat/tortured out of her to fess up if she is the one that took it or knows who did. I just cannot believe OG went to this confrontation without a weapon.
                                                              Comment
                                                              • funnyb25
                                                                BARRELED IN @ SBR!
                                                                • 07-09-09
                                                                • 39663

                                                                #66
                                                                Only 9 or so years now Donkers? Thought he got a lot more.
                                                                Comment
                                                                • darrell74
                                                                  SBR Posting Legend
                                                                  • 04-16-07
                                                                  • 14648

                                                                  #67
                                                                  If I'm on the jury, self-defense

                                                                  Street justice should prevail
                                                                  Let these animals finish each other off
                                                                  Prisons are too over-crowded, sapping taxpayer money
                                                                  Innocent people are not in danger, don't want the taxpayer to pay for rooom and board in a prison
                                                                  Comment
                                                                  • Auto Donk
                                                                    SBR Aristocracy
                                                                    • 09-03-13
                                                                    • 43558

                                                                    #68
                                                                    Originally posted by funnyb25
                                                                    Only 9 or so years now Donkers? Thought he got a lot more.
                                                                    judge gave him 28 (he elected to have the judge sentence him other than a jury a week or so before the trial started); the states plea offer was 40 years (so he had to try the case with that being the state's best offer); but in texas, you get 3 for 1 if you behave; thus 28/3= a little over 9 yrs.....
                                                                    Comment
                                                                    • MinnesotaFats
                                                                      SBR Posting Legend
                                                                      • 12-18-10
                                                                      • 14758

                                                                      #69
                                                                      Donk

                                                                      Why is there no pre meditation or similar deliberation / charges here.

                                                                      Sounded as thou he was baited into the confrontation. Self defense should not have been an option...case out to have plead out.
                                                                      Comment
                                                                      • Auto Donk
                                                                        SBR Aristocracy
                                                                        • 09-03-13
                                                                        • 43558

                                                                        #70
                                                                        Originally posted by BuckyOne
                                                                        What if:

                                                                        The brother/friend/father - anything of the dead guy comes flying out - says WTF -does not know how many shots the defendant fired and the defendant raises his weapon and hypothetically gets smoked by the new guy on the scene. Guilty or not guilty of the right to defend himself.

                                                                        If the dead guy would have gotten one shot off - whole new story? It seems to me if somebody got the concealed weapon off of the dead body and hid it away from the cops he/she was certainly guilty of removing evidence from the crime scene and got this defendant convicted. What was the defendant doing - why couldn't he see somebody getting away with a gun or did he run off after the last shot was fired.

                                                                        How is the appeal going to go? If the defendant can find out what happened to the gun he could get off on appeal. That OG's rat could get the living crap/beat/tortured out of her to fess up if she is the one that took it or knows who did. I just cannot believe OG went to this confrontation without a weapon.
                                                                        1. brother freind father issue: if new guy comes out and defendant raises weapon, new guy can blast defendant in self defense, tho if new guy is found to have "provoked" the new confrontation, he might technically find the self-defense defense unavailable, but if the defendant raised first, even if no bullets left to fire, new guy probably gets off

                                                                        2. not really a need to get a shot off, tho it would have made finding self-defense obviously easier. reason is self defense can be fear of someone "potentially using deadly force against you" (ie, reaching for a weapon you reasonably believe he has), and we felt that initial fear may have been reasonable based on the evidence, even tho the decedent didn't actually produce a weapon.... ie, the defendant was reasonable in his fear that deadly force might be used against him just based on the defendant's actions of reaching under his shirt and implying he had a gun.... the defendant lost that reasonable fear (and reasonable fear that the danger posed by the victim still existed), when he fired the shot into the decedent's head at point blank range, barrel up against his cheek, while the decedent's hands were empty, lying beside him

                                                                        defendant was jumping into his car and trying to get the fuk outta there, and when it wouldn't start, bailed, and ran down an alley and scaled a 7 foot fence to get the fuk outta dodge, thus he didn't see the removal of any alleged gun. rumors goin' round the hood apt. were that the gun had in fact been removed.

                                                                        which brings up an interesting point, OG's woman said his only hand gun in the house that day did not work, due to a bad firing pin. thus, he may have grabbed it simply to "bluff" young g the fuk outta there. we've all heard the saying "don't bring a knife to a gun fight", well a corollary to that saying is "don't bring a broken gun to a gun fight."

                                                                        3. on appeal, it is generally not possible to simply introduce new evidence unless that evidence was unavailable at the time of trial. I told defense counsel (the public defender's office) that "when you have rumors of a gun, you have to hunt down the source and bring that evidence before the court". they said they tried, but no one in the apt complex would come forward, either because of protecting OG or not wanting to cross OG's gang.... if they could somehow get their hands on it, the appellate court might consider it, but only if they find it was unavailable at the time of trial and the defense used diligence in trying to find it. I tend to agree with you -- he had a gun, either the broken one or perhaps even another, but for whatever reason he didn't get it pulled in time to crack off a shot. if it was the broken gun, we know why..... and his old lady still ran off with it, as it would definitely look more like self defense if he was armed with it, even if it wouldn't shoot..... she wanted it to look like an unfair fight, so she hid it, in my opinion.....

                                                                        the public defender's office has already filed a notice of appeal. On this record, it most assuredly will not be successful..... the broad form charge that was used is hard to overturn, even with 9 pages of instructions on self defense
                                                                        Comment
                                                                        Search
                                                                        Collapse
                                                                        SBR Contests
                                                                        Collapse
                                                                        Top-Rated US Sportsbooks
                                                                        Collapse
                                                                        Working...