Disparity of Force: Four v three+.380

[5thGenTexan]

I guess, the defense attorney would have to show that the shooter was acquitted in court of law, not my word or your word, but is real court of law. The Jury found the defended not guilty and justifed.

Well, as the dead horse would say if dead horses could talk any better than live horses, there is no legal proof of innocence.

When a grand jury no-bills an accused suspect, it means that grand jury that week did not find probable cause that the suspect committed an offense. Prosecutors have returned to grand juries many times with additional evidence until they obtained an indictment.

Similarly, when a petit trial jury finds a defendant not guilty in a criminal case, it means that the jury did not find proof beyond a reasonable doubt that the defendant committed the offense.

The concept of double jeopardy means that a defendant cannot be tried twice for the same offense, but it still is possible for a defendant who is found not guilty in a criminal trial to be sued for civil damages or federal civil-rights violations.

The bottom line for me is that any use of deadly force had better be obviously justified according to natural law that even the yellow 1-ball can understand.

- Jim

As evidenced by one O. J. Simpson

[seamusTX]

I wonder if he learned his lesson or if he still think it's OK to follow people and attack them.

Only time will tell. As they say, ignorance is curable but stupid is forever.

I have pointed out cases of criminals who were shot, paralyzed, convicted of crimes, imprisoned, released, and never quit.

viewtopic.php?f=83&t=23793" onclick="window.open(this.href);return false;

- Jim

[chasfm11]

Break-Break

A dozen posts, and no one has commented on the fact that Ung stopped his assailant with a .380. It was a six-shot stop, but it did the job. Of course, had any of his assailant's pals had any fight left in them, Mr. Ung could have still had a considerably worse day.

I did catch that but wasn't going to comment. Now that you have called it out, I will. I have a .380 (LCP). It isn't my preferred choice but if I'm faced with a very small gun versus nothing (concealment issues), I'll take the LCP.

I spent almost 8 hours talking with a guy who does security for a living. He says that he carries his LCP most of the time (though he has an impressive arsenal if he wants to take it). He has been in his business over 20 years and says the LCP is all that he normally needs. He did admit that he had never tried to stop anyone with it I can see where it would not be a one shoot stop and carry extra mags when I have the LCP.

[ELB]

Apparently Pennsylvania does not have a civil immunity law for self-defense shootings, or there's an attorney who thinks he can get past it anyway.

The guy that Gerald Ung shot, DiDonato (who is partially paralyzed), happened to be the son of a big-name lawyer in a big-time Philly law firm (or is it big-name lawyer and big-time law firm? anyway...). DiDonato has hired "...one of Pennsylvania's leading personal injury lawyers..." and is suing Ung and pretty much any bar they thought he might have been in that night.

The comments at the link note that Ung, who was a Temple law student at the time of the shooting, is pretty much "judgement proof" in that he probably has few assets and many liabilities (like a student loan and bills from his criminal lawyer), but he is going to get chewed up in the process so that DiDonato can get money out of the bar owners. Pretty ugly for Mr. Ung.

http://abovethelaw.com/tag/gerald-ung/" onclick="window.open(this.href);return false;

But still, better judged by 12 one-balls instead of one eight-ball, even if they are on a civil jury. Another Temple student (graduate, actually) did not fair so well when confronted with multiple attackers:
http://articles.philly.com/2012-01-16/n ... tim-police" onclick="window.open(this.href);return false;

[smoothoperator]

No act of mercy goes unpunished in Philly.

[seamusTX]

If you happen to find yourself in a street confrontation with an unarmed drunk at 2:30 a.m. in Philadelphia, maybe it would be handy to have some way to get out of a fistfight other than shooting.



Mr. Ung may not have assets now, but depending upon state law he may earn a lot of money, win the lottery, or come into an inheritance in the future.



- Jim