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Old 03-21-2014, 02:58 AM   #21
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Originally Posted by deathkricket View Post
It clearly says in th article the reason he is in jail is because he has not made a statement yet and self defense can't be considered till a statement is made. I dont see any charges being filed against him whenever he decides to talk.

If you shoot someone and refuse to give a statement of course you will go to jail untill you do, thats just common sense.
Actually... It's the "opposite" of common sense... Police in Milwaukee Wisconsin are not your friend, they are not looking to clear you... and if there asking you questions it's for the sole purpose of getting you to say something they can use against you.

Given the fact that this was the "maintenance" man it would stand too reason that he knew the entire incident was on video and that the video would clear him.

The City does not need to provide counsel until he's arrested and there was no need to get his own when he could simply wait them out.

I hope he can now sue the City for "Wrongful Imprisonment" 72 hours seems like a ridiculous amount of time to hold an LAC with ties to the community and no criminal history.

Tack


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Old 03-21-2014, 03:01 AM   #22
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Originally Posted by deathkricket View Post
It clearly says in th article the reason he is in jail is because he has not made a statement yet and self defense can't be considered till a statement is made. I dont see any charges being filed against him whenever he decides to talk.

If you shoot someone and refuse to give a statement of course you will go to jail untill you do, thats just common sense.
Not quite, you give a statement without a lawyer and you will very likely end up in jail. Never. Ever. Under ANY circumstances. EVER talk to a LEO until you have a lawyer if you are involved in ANY THING! Just one little mistake when talking to them will end you up in jail.

https://www.youtube.com/watch?v=z90T8ytVnVg


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Old 03-22-2014, 05:00 AM   #23
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Milwaukee is not a gun friendly place. As Jon stated, the mayor and the police chief are on the far left side of things. The sheriff, David Clarke , is a good guy . He is often at odds with those two idiots.


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Old 03-22-2014, 10:46 PM   #24
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Hopefully this isn't the start to another tampon martin circus. You would think the police would watch the video and talk to any witnesses if there was any. A reasonable person would infer this would take about 2, maybe 3 hours tops.

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Old 03-22-2014, 11:01 PM   #25
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I think the police are doing what they have to do, investigating what happened. They can't just take someone's word on what way it went down. Talk to witnesses , check video if there is any , checking ballistics. If someone beat a gun owner to death, and said it was in self defence because he thought he was going to shoot him. Most on this forum would want it investigated. The police have to be seen to, and act impartially.
But wait, there's more. A quote from the OP story:

Quote:
Sources tell FOX6 News the maintenance worker has asked for a lawyer while in custody — and as of Thursday morning, he had not provided a statement to police.

FOX6 News is told the incident cannot be considered self-defense until a statement is given.
This guy could be cooling his heels on a strictly procedural matter.
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Old 03-24-2014, 06:30 PM   #26
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OK- once again- 5th Amendment-

....nor shall be compelled in any criminal case to be a witness against himself...

So- If I do NOT make a statement, you think they have a right to hold me... because I did NOT make a statement?

As far as requesting counsel- THAT was settled in Miranda so long ago it is not funny.

The authorities in this matter need to start checking the limits on their professional liability insurance. They are going to need it.

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Old 03-24-2014, 06:47 PM   #27
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OK- once again- 5th Amendment-

....nor shall be compelled in any criminal case to be a witness against himself...

So- If I do NOT make a statement, you think they have a right to hold me... because I did NOT make a statement?

As far as requesting counsel- THAT was settled in Miranda so long ago it is not funny.

The authorities in this matter need to start checking the limits on their professional liability insurance. They are going to need it.
Do I think they have a right to hold you if you choose not to make a statement? No, I don't. Will they hold you pending further investigation? Obviously the answer is yes, as it should be. Somebody did die, you know.

If there is other evidence that makes it obvious this was a case of self defense it would be my guess he will be released with or without making a statement. Realize that I was quoting a story about what the media says they were told by the police. Pending the outcome of the other evidence, and accepting the fact that there must be an investigation when an unnatural death occurs, this rings true to me, but it's still third hand information.
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Old 03-24-2014, 06:55 PM   #28
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OK- once again- 5th Amendment-

....nor shall be compelled in any criminal case to be a witness against himself...

So- If I do NOT make a statement, you think they have a right to hold me... because I did NOT make a statement?

As far as requesting counsel- THAT was settled in Miranda so long ago it is not funny.

The authorities in this matter need to start checking the limits on their professional liability insurance. They are going to need it.
Absolutely!!

Killing another Human being is Homicide, whether that Homicide is justified or not will depend on your statement and the evidence. Once you commit "Homicide" it is up to you to claim Self Defense, a legal justification for Homicide.

Here is a good explanation on Homicide and what to expect in a SD killing.

http://www.useofforce.us/

And of course this.

http://www.armedcitizensnetwork.org/images/stories/Hayes-SDLaw.pdf
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Old 03-24-2014, 07:26 PM   #29
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IIRC, they can detain you up to 48 hours after which they have to either charge you with crime or let you go. whether you made a statement or not.

i'm not 100% sure about this and it may have even changed.



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