The tires were coming right at me!!!

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  • Dead Duck

    Grandmaster
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    53   0   0
    Apr 1, 2011
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    .
    Thieves should be hanged, drawn and quartered....... and then shot so I don't see a problem. :dunno:
     

    HoughMade

    Grandmaster
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    Oct 24, 2012
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    Valparaiso
    Probably not a great idea.

    However, just because a gun can be used to exert deadly force, does not mean it was so used every time it is fired. I'm guessing there is a statute or oridinance that limis discharge or firearms off a range to legitimate self-defense or defense of others situations.
     

    hoosierdoc

    Freed prisoner
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    8   0   0
    Apr 27, 2011
    25,987
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    Galt's Gulch
    Probably not a great idea.

    However, just because a gun can be used to exert deadly force, does not mean it was so used every time it is fired. I'm guessing there is a statute or oridinance that limis discharge or firearms off a range to legitimate self-defense or defense of others situations.

    Now that’s an interesting angle. But don’t many states classify pointing a gun at someone as using deadly force?
     

    edporch

    Master
    Site Supporter
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    25   0   0
    Oct 19, 2010
    4,676
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    Indianapolis
    It says the police are investigating.
    They could begin by, how would the department deal with a police officer who did this?
    Surely they know this.
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
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    Valparaiso
    Now that’s an interesting angle. But don’t many states classify pointing a gun at someone as using deadly force?

    A defense to a “pointing” or “brandishing” charge (where applicable) is when it is done in a legitimate self-defense situation.

    However, as to discharge, pointing or brandishing, if it was not done pursuant to a legitimate self-defense situation, there is likely criminal liability. If the tire, or the car is not putting someone in danger (shooter or others), is that a legitimate self-defense situation? Not if the shooter did not reasonably ​believe that he had to shoot to defend a life or to prevent a serious bodily injury.
     

    dudley0

    Nobody Important
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    99   0   0
    Mar 19, 2010
    3,729
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    Grant County
    Article said that the BGs intentionally hit a mall security vehicle. Was it occupied? If so couldn't that give the shooter his reasoning for discharging?

    Trying to protect the mall cop
     

    KittySlayer

    Grandmaster
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    4   0   0
    Jan 29, 2013
    6,474
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    Northeast IN
    Tires can be deadly when they come flying at you.

    hqdefault.jpg
     

    HoughMade

    Grandmaster
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    0   0   0
    Oct 24, 2012
    35,729
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    Valparaiso
    Article said that the BGs intentionally hit a mall security vehicle. Was it occupied? If so couldn't that give the shooter his reasoning for discharging?

    Trying to protect the mall cop

    This is the problem with sparse reporting. There is just a lot we do not know.

    I will assume the security vehicle was occupied...and if he had fired to try to keep the collision from happening, sure- defense of others. If the collision already happened, no one was hurt (which was apparently the case) and he was firing to prevent them from fleeing, legally, that's a whole different ball game.

    Again, not enough detail.
     

    Brad69

    Grandmaster
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    Jul 16, 2016
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    Perry county
    Off topic
    I vaguely know a woman that lost a leg at a NASCAR race a few years ago. Get this she received a settlement of about $500,000 after the lawyers take she received about $300,000 then received another around $100,000 from her insurance.
    So around $400,000 she went on a spending frenzy new house, land, Jeep, dually pickup, horse trailers, boat, high dollar horses, vacations every other week or so. Her man quit his job and lived the high life with her.
    Guess what they are broke spent it all now live on SSI her Man has a bad back after partying for a couple of years! His bad back doesn’t stop him from riding four wheelers, jet skis, doing yard work it just hurts if he puts work boots on.

    I find this story more interesting than some dude in a state far away shooting some tires. You all do know that state laws vary a large amount things we in IN take seriously are things that do not matter to others. It’s a fact people go to jail for writing a bad check for $50.00 in Louisiana or for traffic violations and serve full sentences of six months or more.
     

    HoughMade

    Grandmaster
    Rating - 0%
    0   0   0
    Oct 24, 2012
    35,729
    149
    Valparaiso
    Off topic
    I vaguely know a woman that lost a leg at a NASCAR race a few years ago. Get this she received a settlement of about $500,000 after the lawyers take she received about $300,000 then received another around $100,000 from her insurance.
    So around $400,000 she went on a spending frenzy new house, land, Jeep, dually pickup, horse trailers, boat, high dollar horses, vacations every other week or so. Her man quit his job and lived the high life with her.
    Guess what they are broke spent it all now live on SSI her Man has a bad back after partying for a couple of years! His bad back doesn’t stop him from riding four wheelers, jet skis, doing yard work it just hurts if he puts work boots on.

    I find this story more interesting than some dude in a state far away shooting some tires. You all do know that state laws vary a large amount things we in IN take seriously are things that do not matter to others. It’s a fact people go to jail for writing a bad check for $50.00 in Louisiana or for traffic violations and serve full sentences of six months or more.

    First, $500,000 for a leg isn't much these days. I think we would be closer to $1,000,000 to start. Of course, this is tax free as pretty much all personal injury awards are tax free (with the exception of judgments for lost wages and a couple of other exceptions).

    Second, $500,000- 33.3333%= $333,333, so if she got $300,000, that's about right once you figure the lawyer's costs into it (anything spent out-of-pocket to prosecute your case). Today, 40% is getting more common, but I have never bought into that. Of course, I never did much plaintiff PI work and do none now.

    Third, it's the same story- money you did not work to earn seldom gets used widely. Losing a leg isn't nothing and this compensation isn't ot of line by a long shot, but that doesn't change the "found money" attitude.
     

    Brad69

    Grandmaster
    Rating - 0%
    0   0   0
    Jul 16, 2016
    5,140
    77
    Perry county
    HoughMade,
    I concur with your view she wanted the money ASAP and settled way to fast.
    $400,000 invested wisely could provide for a modest income for life.

    I will PM you if I lose a leg at a NASCAR race and we can work up a strategy to set us up for a nice retirement!
    Do you want me to save a portion of the leg and have it mounted to display in your office?
     
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