an 18 year old shows up at a party uninvited. he gets out of his car with a hockey stick in his hand, he bashes 2 people in the head with the stick, one is knocked unconsious. a 19 year old who has had formal training with firearms and is an expert, a promarks man first class and a sharp shooter get his gun out of the trunk of his car, it was there from target practice from earlier in the day, it is Remmington pump action special pupose shot gun. he has bird shot in the chamber. the hockey stick kid locks on to the guy with the gun. the hockey stick kid advances on the guy with the gun 1st warning shot is fired, hockey stick guy walks closer, 2nd warning shot is fired at the ground, hockey stick guy advances to 5 feet from the guy with the gun. hockey stick ****** back direct line up with head of the guy with the gun, shot gun blast to his shoulder and the guy finally drops the hockey stick. he spends one week in the hospital and is fine. WHO WOULD YOU CHARGE??? AND WITH WHAT CHARGE.
2007-12-28 09:12:43 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
this is a true case, and i could never figure out why the shooter got 6 months in jail (in a self defense state) and the hockey stick guy got nothing. not even a mip for his bac of .28
2007-12-28 11:15:52 · update #1
As multiple warning shots were fired in the wake of an attack on others at the party. I would consider the non-lethal, incapacitating shot a reasonable use of force in self defense.
Key being that although using a lethal weapon, he used non lethal force in shooting the shoulder instead of the chest or head.
The 18 year old, who crashed the party, and in your scenario, attacked 2 people unprovoked, should be charged with 2 counts of assault with a lethal weapon. And with attempted assault for his advance on the 19 year old.
I would assume that the 19 year old or others sought medical attention for ALL victims, as well as contacted and cooporated with law enforcment.
2007-12-28 09:22:47 · answer #1 · answered by Mcgoo 6 · 2⤊ 0⤋
I would go after the guy with the hockey stick for assault and the guy with the gun would get off scott free for self defense and would use him as a witness against the hockey stick guy. He did all he could do to warn the nut with the stick but he kept advancing.
2007-12-28 17:20:19 · answer #2 · answered by Anonymous · 3⤊ 0⤋
The 18 year old is charged with two counts of assault with a deadly weapon and another attempted assault with a deadly weapon (if you don't think a hockey stick can be a deadly weapon, you've never pissed off a 6'4" defenseman).
The 19 year old is not charged with a crime unless the gun is unregistered, reasonable self-defense.
2007-12-28 17:24:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It doesn't matter. It won't get past observation; he'll be in the laughing academy for a while, probably a long while. Common sense tells you that anyone who brings a stick to a gun fight, is not hitting on all cylinders.
2007-12-28 17:32:17 · answer #4 · answered by Bob H 7 · 1⤊ 0⤋
Witnesses and affidavits, necessary items, an affidavit is simply a sworn statement notarized by a notary of republic. Self defense, it has to be proven.
2007-12-28 17:25:33 · answer #5 · answered by Girly Q 4 · 1⤊ 0⤋
as long as what you say is true with warming shots then hockey stick guy is charged with assault with a deadly weapon
2007-12-28 17:24:34 · answer #6 · answered by southarkansas 6 · 2⤊ 0⤋
...definitely the "GUY" w/the stick 4 "AGGRAVATED-ASSALT" w/a deadly wapon....
4 the other guy will be self-defence.... unless "HE" doesn't have a gun-permit....
2007-12-28 17:20:33 · answer #7 · answered by SANTINEL 3 · 0⤊ 2⤋