TexasCHLforum.com

Oldgringo wrote: Hmmm. Wherever your current DA is from, he needs to go back and y'all find a real one.

Unfortunately, he is the same one who was involved in the case of a nurse (CHL) carrying into a hospital. They eventually dropped those charges, too, I believe.

I suspect that his prosecutions have some political agenda to them.

P.S. This is from a neighboring town, not mine. Fortunately, I've not had a "opportunity" to figure out who our DA is. I really want to keep it that way.

Oldgringo wrote:

Beiruty wrote:

Kythas wrote:The local police have said they've identified all people in the video. However, nobody is getting charged because in their local jurisdiction someone can only be charged with simple assault and battery if the act is committed while in the presence of a police officer. That doesn't really make sense to me.

http://www.thesmokinggun.com/documents/ ... nnys-brawl

What!

And that video is not admissible in court of law? So, one wife beater can beat his wife and Police do nothing cause, cause the Police did not witness the beating. Nice, I like it. Both the lady and he big Bully boy should be arrested and thrown in jail.

Oh, how many witnesses where in that restaurant?

Yankees

Sorry to burst your bubble Old Gringo but Texas has the same kind of an approach. Our daughter's car window was smashed, her dash was ripped open and her Alpine stereo was stolen. They caught the guy who pawned it in Irving (it still had the CD that she could identify inside of it) - along with 69 other stereos which had similarly been ripped from the dashes of Hurst-Euless-Bedford cars over a three week period. The DA refused to prosecute (even though this guy already had a long rap sheet for similar thefts) because no LEO observed him committing the actual thefts.

Crimes only happen if LEOs see them.

The part that is missing from the tape is the provocations that lead the male on male melee. As I understand it, if the guy who was taking the blows from the big dude had been part of a verbal exchange first (and that appears to have been a real possibility), the threat of deadly force later will be a real problem.

The filmed sequence is exactly the opposite of the de-escalation that we were supposed to have learned in our CHL classes. While I agree that the physically abusive woman in white needs to go to jail, there is verbal provocation from each of the other two women. This should never happen, in my opinion, if you are carrying. Responding in a calm voice is one thing. The banter is profanity laced, at a high volume and provocative. A grand jury seeing that tape (as the precursor to a shooting), is going to have ample reason to want to see the matter go to trial. I understand that you can stand your ground but in a crowded restaurant, I think that immediate withdrawal is a much better choice. I'd risk walking away from an unpaid bill before I'd stay in the building. I understand that going from a lighted building to a dark parking lot carries its own set of risks but it would be easier to claim self defense if I withdraw. As long as I was part of a heated verbal exchange in front of witnesses first, I think that my situation is in jeopardy, no matter what the finer points of the law are.