I think we're in violent agreement here. I don't think the failure to de-escalate goes to the issue of guilt or innocence. As I said, I don't know near enough on this case to give a good opinion. And IANAL. But I think it shows that perhaps some part of his training didn't stick. De-escalation may not have been required by law. But hopefully good sense would do so. And I like to think that most CHL holders have better sense than to go into a pack, beard the lion, and not expect a bad outcome. Even if he's aquitted, his troubles are only beginning.Jumping Frog wrote:I realize that the CHL training course has material that covers de-escalating conflicts. I remember them talking about adult to adult interactions, etc.XinTX wrote:. . .But from what I've seen, he had more than ample opportunity to de-escalate the situation. And in the CHL class I took, there was a BIG emphasis on de-escalating situations. . . . If that's true, it shows a pattern that de-escalation was not in his thought process.
However, realize that nowhere in the statutes justifying use of force or deadly force does it state we have a duty to de-escalate anything. The statute does say "did not provoke the person against whom the force was used", but it does not say "failed to attempt de-escalation" anywhere. Whether or not someone attempted de-escalation is as irrelevant as whether or not they tried to retreat.
Thus, a talking about someone's failure to de-escalate as a reason to conclude they are guilty of homicide is simply placing a burden on the defendant that is not there in the law.
Don't get me wrong. I believe de-escalation is a wise choice to make for people who would like to avoid the pain, drama, and expense of a self-defense shooting. But failure to make that choice is not a reason to hang someone in effigy on the internet.
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Return to “Houston Self Defense Trial”
- Fri Jun 08, 2012 8:34 am
- Forum: The Crime Blotter
- Topic: Houston Self Defense Trial
- Replies: 92
- Views: 14298
Re: Houston Self Defense Trial
- Thu Jun 07, 2012 11:08 am
- Forum: The Crime Blotter
- Topic: Houston Self Defense Trial
- Replies: 92
- Views: 14298
Re: Houston Self Defense Trial
I'm not going to pronounce the 'guilty' verdict as I don't know anywhere near all the facts. But from what I've seen, he had more than ample opportunity to de-escalate the situation. And in the CHL class I took, there was a BIG emphasis on de-escalating situations. And I've read elsewhere (and some of the audio seems to imply) that he drew his gun fairly early in the encounter. If that's true, it shows a pattern that de-escalation was not in his thought process. If that is true (again, I don't have all the facts) then I think the prosecutor can convince a jury that he went over with the intent to provoke a situation. It may or may not be true, but the prosecutor could likely paint that picture.
But keep in mind all we have at this point are just SOME of the facts of the case. But when confronting a group of liquored up young men, there's not a lot of good outcomes.
But keep in mind all we have at this point are just SOME of the facts of the case. But when confronting a group of liquored up young men, there's not a lot of good outcomes.