SC felon uses ‘stand your ground’ law to walk after shooting death — despite ban on h

Discussion in 'Current Events' started by 9royhobbs, Nov 26, 2015.

  1. 9royhobbs

    9royhobbs Well-Known Member

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    "A convicted South Carolina felon was granted immunity in the shooting death of his brother-in-law by a local judge by citing the “stand your ground” law despite the fact that he was was prohibited from having a gun due to his criminal history".

    Because the only way to stop a bad guy with a gun is a good guy..............wait, now I'm really confused.
     
  2. nra37922

    nra37922 Well-Known Member

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    May be able to use 'stand your ground' as his defense, everyone has the right to self defense, but I bet he violated his parole. 'The only way to stop a bad guy with a gun is another bad guy with a gun' happens everyday in da'hood. Just another 0 - 0 = 0 equation.
     
  3. Steve N

    Steve N Well-Known Member Past Donor

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    http://www.rawstory.com/2015/11/sc-...death-even-though-hes-banned-from-having-gun/

    SC felon uses ‘stand your ground’ law to walk after shooting death — despite ban on having a gun

    A convicted South Carolina felon was granted immunity in the shooting death of his brother-in-law by a local judge by citing the “stand your ground” law despite the fact that he was was prohibited from having a gun due to his criminal history, reports News 5 Alive.

    Saying he had the right to protect himself, Judge R. Ferrell Cothran dismissed charges against Isaac Baughman, 27, in the shooting death of his 19-year-old brother-in-law Stephen Brown in the December of 2014.

    Despite state laws specifically stating convicted felons may not own or possess firearms, Cothran said, that since the incident took place at Baughman’s home, he had a right to use the weapon.

    Baughman’s wife, whose brother was killed when her husband shot him in the chin while on their porch, disagrees.

    Candace Brown said that she was the victim of an abusive relationship with Baughman and that her brother came to the home to protect her after she called him.

    “The next thing I know he’s walking toward the door and then at that point I see my brother go toward the porch and then I hear the gun go off,” Brown said. “It was within seconds after he walked out of the door. Like five seconds.”

    Commenting on the release of her husband, Brown said, “It scares me. It scares me for this community. Because now a multiple felon is on the streets, thinking I can get away with murder.”

    The Clarendon County Solicitor has 10 days to appeal the judge’s decision.
     
  4. nra37922

    nra37922 Well-Known Member

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    Domestic violence calls are deadly, just ask any LEO. Let me update my equation to (0 * 0) - 0 = 0
     
  5. RP12

    RP12 Well-Known Member

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    Going to need something outside or Rawstory... Might as well post WND....

    http://www.live5news.com/story/3060...d-immunity-for-brother-in-laws-shooting-death


    "Baughman, being a convicted felon could have been prosecuted for owning a gun, but the solicitor said that the incident took place at Baughman's home and everyone has the right to protect themselves at their home."

    Imagine that self defense.. Even in states without "stand your ground" people have the right to self defense. The "stand your ground" is just a talking point all because of one Skittle carrying idiot.
     
  6. Alucard

    Alucard New Member Past Donor

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    States that have "stand your ground" laws are opening up a Pandora's Box.
     
  7. ElDiablo

    ElDiablo Banned

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    Much coinfusion about not only the stand your ground law but self defense in general. The Z affair demonstrated that....aka many believing it was murder to shoot someone who was unarmed(like no one has ever been beaten to death) etc.

    The following is very informative on these matters>>>>>http://criminal.findlaw.com/criminal-law-basics/states-that-have-stand-your-ground-laws.html

    Bottom Line: Generally speaking there is much commonality amongst the various states in regards to self defense but also some signifigant differences....most especially the states that require one to retreat if at all possible before resorting to deadly force.

    Also, one should understand that various juries will use their own prejudices and understanding of the law(often not understanding it..even though appraised of what the law actually is) thus when you take someone's life various and sundry forces are at play even if you were entirely justified in doing so aka sincerely believing your life was in danger.....the least of which is not the ability of your lawyer, political realities where you live, the race of the person you kill etc.etc. and so forth. Nothing illustrates all of this better than what happened to George Zimmerman.

    The best guide to using deadlly force is if you truly believe your life is in danger....as they say better to be judged by 12 than carried by six.
     
  8. Pred

    Pred Well-Known Member

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    Nope. People who try to use SYG as a license to murder only have themselves to blame. If you can't prove eminent danger to your life you can cite SYG till the cows come home. Won't matter.
     
  9. FreshAir

    FreshAir Well-Known Member Past Donor

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    he has a constitutional right to own a gun.... every free American does

    why should someone with a criminal record not be allowed to own a gun to protect their homes and family?

    the only thing that should apply was if the shooting was justified or not

    .
     
  10. MrNick

    MrNick Banned

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    The felony may not apply to guns...

    You do realize what a felony could be? for all I know this guy stole over $500 in merchandise from Wal Mart - because that is a felony..

    Either way there is a good chance this guy is getting charged for having a gun as a felon if his class of felony prevents him from having one or if it even applies..

    Either way, even if this guy was released from prison yesterday, felons still have a right to defend themselves if they're being attacked...
     
  11. DavidMK

    DavidMK Well-Known Member

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    Let him walk for justified manslaughter but nail him for violating parole.
     
  12. MrNick

    MrNick Banned

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    Of course it matters...

    You shoot a man running away in the back you will be charged with murder, however if forensics determine you shot this guy in close combat (a struggle) or in the front of his or her body then that is justifiable - felon or not...
     
  13. MrNick

    MrNick Banned

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    Where does it say the guy was on parole?

    If he was on parole he would be in prison right now for violating his parole...
     
  14. Steve N

    Steve N Well-Known Member Past Donor

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    I'm thinking the same thing.
     
  15. 9royhobbs

    9royhobbs Well-Known Member

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    You lose that right when you become a criminal. Why? Are you really asking that?
    Justified shooting......is that an oxymoron?
     
  16. 9royhobbs

    9royhobbs Well-Known Member

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    Not with a gun
    Are you defending this guy because of a sense of justice that you feel he has or are you defending the right that EVERYONE should have a gun?
     
  17. MrNick

    MrNick Banned

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    With anything - gun,knife whatever....

    I'm defending this guy because obviously this guy had the right to defend himself...

    Perhaps in your world felons don't have that right?

    Indeed I am a promoter and defender of the Second Amendment, however the fact a man was justified in defending himself plays no role in that issue. Sure it may be another example tyrants will ignore, but this guy merely defended himself and that is the issue here...
     
  18. MrNick

    MrNick Banned

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    No you don't lose that right "when you become a criminal"...

    Define "criminal"....

    You break the law every (*)(*)(*)(*)(*)(*)(*) day - do you know that?

    People like you make me laugh because it will only be a matter of time before you get popped for something and labeled a "criminal" and then once you are you have a different outlook..

    The judicial system is (*)(*)(*)(*).... Non violent passive people are convicted as felons everyday....
     
  19. 9royhobbs

    9royhobbs Well-Known Member

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    What did he defend himself from? Did the other guy have a gun? knife? Baseball bat?

    - - - Updated - - -

    If you're a felon, you can't have a gun
     
  20. FreshAir

    FreshAir Well-Known Member Past Donor

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    rights do not work that way, if you commit a crime with your speech, you do not lose free speech, if you commit a crime with your religion you do not lose your freedom of religion

    you may lose those rights or they may be restricted while you are payign for your crime, but once your debt to society is paid, all rights shoudl be the same as before

    what you want is for owning a gun to be a privilege like driving a car... as long as it's a right.... it's not a privilege (there is a huge difference)

    .
     
  21. MrNick

    MrNick Banned

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    Sorry to tell you plenty of felons have legal guns..... Generally only people convicted of violent felonious crimes are forbidden from owning ANY weapon... Of course it depends on the state.

    "laws are meant to be broken"

    I can tell you this much - the guy is probably grateful he had a gun otherwise he could be dead himself...
     
  22. GeddonM3

    GeddonM3 Well-Known Member

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    In my opinion this is just one of those cases we really got to look closely at. Yes, he is a felon and shouldn't own a gun, but at the same time just because you are a felon out on probation it does not mean you lose the right to defend yourself. Everyone at all times has the right to self defense if they are threatened by another.

    Was this guy truly in a situation where his life was threatened and he had no choice? Did he start the event that lead to this ending?

    its just a tough case because it can seriously open a Pandora's box.
     
  23. 9royhobbs

    9royhobbs Well-Known Member

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    We're both wrong, but I'm more right then you are on who can have a gun.....and it does depend on the state. "otherwise he could be dead himself".....from what? What danger was he in? What did the brother in law do?

    - - - Updated - - -

    I should have said felon....my mistake.
     
  24. MrNick

    MrNick Banned

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    Listen dude I caught a felony (and went to prison) when I was 18 (I'm now 35) and have purchased guns legally...

    You're wrong...
     
  25. tomfoo13ry

    tomfoo13ry Well-Known Member Past Donor

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    It would help a little if we had more information than just "a felon shot someone and isn't being charged with a crime."

    What point is the OP trying to make? If the man was being assaulted (which the judge seems to have determined) then are you saying that he doesn't have a right to defend himself because he was a felon? Had he killed him with a knife instead of a bullet would you still be objecting?
     

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