Robbers shot and killed - Family's want crime charges... - Page 5
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Old 11-09-2013, 09:03 PM   #41
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It also appears that a citizens arrest is exactly what he was attempting to begin with anyway.
That's what I was thinking, too. I sure hope it works out for him. Hopefully the video will help him. I'm guessing it played a big part in the prosecutor's decision.
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Old 11-10-2013, 02:32 AM   #42
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i think they ought to sue the robbers family for birthing such a scumbag!
I've always thought similar, but a minor twist.

When a family wants to sue someone for defending themselves or their family they need to put a burden on them suing family too. It's just to easy to go after someone with no responsibility or concern for the outcome based on facts and truth.

If a perps family wants to sue a victim of assault or similar they should be responsible for the attorney and court fees if they lose. Make them think twice before attempting to destroy someones life without consequences.
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Old 11-10-2013, 02:36 AM   #43
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Canada generally awards costs (about ⅓ of actual expenses) to the winning side. More if one side has been dishonest or bullying, etc. It doesn't close the Courthouse doors, but yet it does throw a cup on cold water on frivolous lawsuits. I've always thought your legal system got that part wrong. Very, very few people should get a free kick at the cat.

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Old 11-10-2013, 02:39 AM   #44
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I've always thought similar, but a minor twist.

When a family wants to sue someone for defending themselves or their family they need to put a burden on them suing family too. It's just to easy to go after someone with no responsibility or concern for the outcome based on facts and truth.

If a perps family wants to sue a victim of assault or similar they should be responsible for the attorney and court fees if they lose. Make them think twice before attempting to destroy someones life without consequences.
but the simple truth is, they are not after justice, they are after money. they knew that the scumbag was worthless and a criminal. they spout off that garbage about them starting to turn their lives around to illicit emotion and drive up the price of the lawsuit.

i think from here on out, anytime someone is sued for a justified shooting they should file a counter lawsuit for emotional distress and damages, plus legal expenses. not that they would get anything, because these people have nothing and are filing a lawsuit looking for a big payday.
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Old 11-10-2013, 02:45 AM   #45
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Maybe THEY should be charged for lets say HARASSMENT,or FILING FALSE CHARGES or something like that,just saying.
Better yet. Find a way to charge their LAWYER with wasting the court's time with a frivolous law suit. Disbar the lawyer and make HIM pay court costs, attorney fees, and whatever kind of punitive damages seem suitable.
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Old 11-10-2013, 03:07 AM   #46
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True, but it was a forcible felony, and with armed suspects there was a chance of death or great bodily harm. I don't see a criminal case on this at all. Pennsylvania state statutes are going to determine whether a civil case can be brought or not. Unless it is forbidden under law, you can bet that there is at least one ambulance chaser out there that will at least consider taking on a civil suit. Here's hoping the good guy is poor.
In Oklahoma the law reads as follows (irrelevant parts skipped for time):

"A person ... is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defenseive force ... if:
The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

I think most states that have some form of Castle Doctrine have that kind of wording.
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Old 11-10-2013, 03:09 AM   #47
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In Oklahoma the law reads as follows (irrelevant parts skipped for time):

"A person ... is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defenseive force ... if:
The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred."

I think most states that have some form of Castle Doctrine have that kind of wording.
Texas Castle Law Doctrine is worded very similiar.
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Old 11-10-2013, 03:12 AM   #48
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but the simple truth is, they are not after justice, they are after money. they knew that the scumbag was worthless and a criminal. they spout off that garbage about them starting to turn their lives around to illicit emotion and drive up the price of the lawsuit.

i think from here on out, anytime someone is sued for a justified shooting they should file a counter lawsuit for emotional distress and damages, plus legal expenses. not that they would get anything, because these people have nothing and are filing a lawsuit looking for a big payday.
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Better yet. Find a way to charge their LAWYER with wasting the court's time with a frivolous law suit. Disbar the lawyer and make HIM pay court costs, attorney fees, and whatever kind of punitive damages seem suitable.
And that's what makes me say that the counter lawsuit should list the family's LAWYER as one of the parties to the suit. HE can pay because he does have something. And he should pay for enabling the frivolous lawsuit.
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Old 11-10-2013, 03:34 AM   #49
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And that's what makes me say that the counter lawsuit should list the family's LAWYER as one of the parties to the suit. HE can pay because he does have something. And he should pay for enabling the frivolous lawsuit.
i can fully agree with that. many of those lawyers will take these cases with nothing invested of themselves. maybe if they were held liable for legal fees for these frivolous lawsuits they would maybe decline in taking them in the first place.
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Old 11-10-2013, 03:37 AM   #50
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This happened not too far from my area….and I'm pretty certain it won't go very far as far as the robbers' families trying to prosecute. They are shocked and in disbelief obviously, and will say anything to help make sense of it. The 2 guys sounded like grade A scumbags….and in no way am I defending them.

This is why I choose to remain in PA…it's the LAST state in the northeast strip thats been holding strong with gun rights and unless things change drastically….I feel safe as a law abiding citizen who's legally armed that if I ever had to act in defense within the realm of the laws…I feel confident in the system

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