The Defense should subpoena Joe Biden's statement about shotguns and prowlers at night. I mean, this guy only fired ONE blast, not 2.
That would be a curious element if the defense presented that of many instantaneous panic reasoning included the Defendant had seen Joe Biden explaining this - and even more interesting would be to explain that's why he had a shotgun instead of opened the door holding a pistol. Because Joe Biden, Vice President (and attorney) said that is what everyone should do:
1. OPEN A DOOR TO THE OUTSIDE
2. FIRE A SHOTGUN TWICE
How can what he did by opening the door be TOTALLY reckless when the attorney Vice President said to do exactly that - and the media did not declare that is wrong in commenting. He was doing what his government and an attorney of his government said is the thing to do.
IF the prosecution continues with a murder charge, instead of just manslaughter, that would be entirely relevant as for murder the question is opened up of what was in his mind, what was his motives, and was it malice or not?
He is a murderer for following the Vice President's televised advice? Maybe Biden should have been more careful what he said, such as "be absolutely certain you don't shoot someone when you do."
Nor did Biden say "dial 911."
Last edited by joko104; 11-17-13 at 09:58 PM.
Even if the discharge was accidental (and it was a freaking shotgun, not a hair-trigger handgun), if the gun had not been pointed at the victim when it fired, the victim would not be dead, and if the homeowner did not intend to kill the person on his porch, he had no damned business pointing a gun at her in the first place.
"Judge a man by his questions rather than his answers" - Voltaire
"There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway
At the very least, this is negligent homicide (i.e. manslaughter) but his actions were so blatantly unnecessary and extraordinarily dangerous that I personally do not believe 2nd Degree Murder is a stretch. She did not break down his door and charge into his house; he voluntarily opened his door, pointed a shotgun at her and killed her as she stood on the other side of a closed screen door.
You may justify that however you wish. I, however, do not believe it can possibly be justified by the information we currently have available.
How do you answer a door and accidentally shoot someone in the face exactly?
Did he answer the door with the gun pointed at the woman? It's like walking around with a knife. Don't we almost instinctively hold it down so we don't accidentally walk around a corner and stab someone?
And the discharge being accidental would mean there was a lack of intent.
Not that this matters to an accidental discharge, but how was he to know the person on the other side wasn't a threat or wasn't armed?
You are assuming way to much here.
Even if he did have his finger on the trigger and pointed it at her it was wise in the situation he believed he was in ~ someone breaking into his house.
"The law is reason, free from passion."