I'd like a #3 with a side of ass whoopin

[accident]

Also RE: People v. Ceballos:

Held. No. Mechanical devices are without mercy or discretion. Therefore, while a person who is present may use deadly force under certain circumstances, a deadly mechanical device is unacceptable, especially where, as here, the burglars were unarmed.

[accident]

You are correct when you are not going to use NON LETHAL force. Even in your home if you wish to defend your self with LETHAL FORCE in CA you a 1st duty to retreat.

There are several other states with similar statutes and NJ NC and NY are 3 the ring in my head as well. AS far as CA goes unless things have changed (which they may have) since I last was looking into this, that is how I remember it. This case (again IIRC) is somewhat pivotal to the Lethal force provisions in CA penal code People v. Ceballos

The way I read the section that I quoted is that if someone forcibly enters your residence, you can use any amount of force, because you are presumed to be in fear for your life.

I could be wrong, I'm not a lawyer. I should ask my lawyer buddy about this. I dunno how much he'd know though, he's a DUI attourney.

[mr.vang]

thanks for the better view

[mrsleeve]

I agree with mrsleeve 100%, however as far as I know we don't have a duty to retreat. I do know that if someone enters your home forcibly you are permitted to defend it. California Penal Code section 198.5 reads as follows:

You are correct when you are not going to use NON LETHAL force. Even in your home if you wish to defend your self with LETHAL FORCE in CA you a 1st duty to retreat.

There are several other states with similar statutes and NJ NC and NY are 3 the ring in my head as well. AS far as CA goes unless things have changed (which they may have) since I last was looking into this, that is how I remember it. This case (again IIRC) is somewhat pivotal to the Lethal force provisions in CA penal code People v. Ceballos

[IRON-E]

I agree with defending yourself, but he definitely stepped over the line to assault when he continued swinging while they were down (at least from what perspectives one can get from the video).

Dude never stepped out of line, if you have ever seen a street fight. Where there's a black person involved and they are doing the ass whooping, they don't usually back off until you are down on the floor twitching or bleeding profusilly. Nothing against black people but the aggression they bring to the table is no joke., if this happened to me, I would have done the exact same.

[Sailor37]

white chick screaming = liberal

[FKNFASTM5]

Agree 100% ^

[accident]

I agree with mrsleeve 100%, however as far as I know we don't have a duty to retreat. I do know that if someone enters your home forcibly you are permitted to defend it. California Penal Code section 198.5 reads as follows:

Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.

[Vtec?lol]

UGH! Ghetto ass people! Makes me wanna use that word but I'm black and pretty offended by it though if there were ever a time to see it acceptable to use, now would be the time.

[dantheman]

HAHAHAHAHA. Great.

[mrsleeve]

^

Right you have no idea what the ghetto queens may have been reaching for behind the counter!!!! A gun they have on them, a knife they have on them, a pair of scissors under the counter, anything............. You stop being a threat by not moving and trying to get up, that will make the ass kicking stop, and when it stops you continue not moving or doing anything, thats when it would become assault, and thats not the case which is clearly visible in videos

Dude should have just stopped when they were on the ground, that is when it changes from self-defense to assault in my book, once the threat is removed it is no longer defense. Though when the adrenaline is pumping it is way too hard to make that decision of when the threat is neutralized. I like the logic though, chick punches the dude in the face and her friend says "Don't you hit her!".

the threat is not removed when they are still trying to get up!!!!!!! This was a 2 on 1 deal, when some one is beating the shit outta you and ordering you to stay down YOU STAY THE FUCK DOWN. He had no Idea if the ghetto queens are armed or not, you keep beating until the threat is gone 100% Trying to get up is not 100% gone. This is a self defense ass whoopin through and though.

You get accosted you retreat and prepare to defend your self, that right there meets the criteria for the use of Deadly force in CA no less(most states dont have "a duty to retreat 1st" to bring deadly force into play). Once you pursue someone that has retreated before defending them selves to continue the attack/fight, you are forfeiting your right to your life and limb or good looks. I think a beating with a shower rod is getting off easy, IMO when they could have paid with their life just as easily.

Like my Gpa always said. Dont start shit, unless you are willing to take an ass beating your own !!!!

[myinfernalbmw]

I agree with defending yourself, but he definitely stepped over the line to assault when he continued swinging while they were down (at least from what perspectives one can get from the video).

[E30Kaiser]

Dude should have just stopped when they were on the ground, that is when it changes from self-defense to assault in my book, once the threat is removed it is no longer defense. Though when the adrenaline is pumping it is way too hard to make that decision of when the threat is neutralized. I like the logic though, chick punches the dude in the face and her friend says "Don't you hit her!".

[mrsleeve]

here is a little better vid of the original




Full story here

http://www.dnainfo.com/20111014/greenwich-village-soho/mcdonalds-cashier-caught-on-cell-phone-video-beating-unruly-customers

and for defending him self hes going back to prison.

"Police have charged the cashier, identified as Rayon McIntosh, 31, with felony assault, along with criminal possession of a weapon."

[mr.vang]

is mcd really that good? i want cheese burger