Re: Fatal Stabbing at Ellanor C. Lawrence Park
Posted by:
sheesh....
()
Date: July 19, 2017 10:34PM
MR D Wrote:
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> Disparity of Force not a Defense by Itself
> Andre Barbosa v. Commonwealth Va. App. (2002
> Unpublished)
>
>
>
>
> "...Thus, . . . [one] who expects to be attacked
> should first employ the means in his power to
> avert the necessity of self-defence, and, until he
> has done this, his right of self-defence does not
> arise." Hash v. Commonwealth, 88 Va. 172, 192, 13
> S.E. 398, 405 (1891). "The 'bare fear' of serious
> bodily injury, or even death, however
> well-grounded, will not justify the taking of
> human life." Commonwealth v. Sands, 262 Va. 724,
> 729, 553 S.E.2d 733, 736 (2001).
> .."
> "...Under these facts, we hold, therefore, that it
> was not "necessary" for Barbosa to use deadly
> force to avert the perceived impending "gang
> beating." The fact that he was surrounded by Serna
> and his friends and that Serna "bumped into his
> gun," stating he was not afraid, does not
> constitute an "overt act indicative of imminent
> danger." See Vlastaris v. Commonwealth, 164 Va.
> 647, 651-52, 178 S.E. 775, 776-77 (1935) (holding
> that accused's fear for his life was without
> foundation because victim made no overt act at the
> time of the shooting). "
... Allowing you are certainly a troll; Let us be clear, A hand around the throat/neck is beyond an "overt act" and is quite "indicative of" an immediate, clear and present danger. One with a very high probability of grievous injury, if not "imminent" death. So, we cannot even feed you a week "good try".
So much for your trolling disguised as post event, arm chair supposition and mongering.