Purdue student in deep doo doo

[finity]

That headline was wrong & therefore misleading.

He was not arrested for drugs AND weapons.

He was arrested for drugs & they found a weapon in his room. I know most of us here know that it's not illegal to carry at college but that headline leads people to believe that it is.

They did say that the ATF was "looking into" the weapon possession. What are they going to do about it if it isn't illegal? I don't think there is a federal law that makes it illegal to possess a gun & drugs at the same time...is there?

 

[Timjoebillybob]

Are you serious? Chinese throwing stars? Big freakin deal. I don't see what all the huff and puff is about. Marijuana should be legalized. Flame away.

Did you really need that put in purple?

 

[sepe]

I can't remember exactly, pretty sure it was fall '94 or spring '95. The shooter took out the RA, then went back to his room and finished himself off. No one knew he was dead so the Police took hours before they went in, using tear gas.

I believe there's a monument to the RA in the middle of Cary Quad or somewhere.

Fall of 96.

 

[Lucas156]

Did you really need that put in purple?

no Im dead serious. I find it silly all the people that jump on the bandwagon to string this guy up because he has some marijuana and hydrocodone. Whoopty doo people should be able to do with their bodies what they want as long as they are not harming others in the process.

 

[lon]

Never mind the dope and gun...that SOB had Chinese Throwing Stars.
This guy has no right to live in decent, law abiding society. Period.

Hang Him...Hang Him High!!

Are you serious? Chinese throwing stars? Big freakin deal. I don't see what all the huff and puff is about. Marijuana should be legalized. Flame away.

Did you really need that put in purple?

no Im dead serious. I find it silly all the people that jump on the bandwagon to string this guy up because he has some marijuana and hydrocodone. Whoopty doo people should be able to do with their bodies what they want as long as they are not harming others in the process.

Please re-read my first post. I didn't think my attempt at humor was unnecessarily subtle...sorry if it thew you. I realize purple text makes it easier for some to discern humor, but it seems like writing in purple kinda lowers the IQ of the whole room about 10 points.


I agree... all drugs should be legalized for adults.

 

[lrahm]

While some are screaming "legalize it", as of now it's not. I doubt if lortabs will ever be legalized unless you have a prescription. It appears that they have a good caes or have at least charged him with dealing. Now let's look at the gun. Is it to protect his rights or is it to protect him from being ripped off. Sad thing is he probably there was a good chance that he would get caught.

Purdue, it is suppose to be a place of higher learning. Let's keep it that way. I really don't care if he had a gun if the reason he had it was for all practical purposes, protection. He has ruined his life and Purdue has probably packed his bags and are sitting in a safe place until he bails himself out or his parents picks them up. I am truely sorry a chance for an education was wasted.

 

[Dirtebiker]

While some are screaming "legalize it", as of now it's not. I doubt if lortabs will ever be legalized unless you have a prescription. It appears that they have a good caes or have at least charged him with dealing. Now let's look at the gun. Is it to protect his rights or is it to protect him from being ripped off. Sad thing is he probably there was a good chance that he would get caught.

Purdue, it is suppose to be a place of higher learning. Let's keep it that way. I really don't care if he had a gun if the reason he had it was for all practical purposes, protection. He has ruined his life and Purdue has probably packed his bags and are sitting in a safe place until he bails himself out or his parents picks them up. I am truely sorry a chance for an education was wasted.

Oh, he's getting an education now! Some people learn with books, some by listening to others, and some , like him have to learn the hard way!!!

 

[theweakerbrother]

No victim? No crime!

 

[lrahm]

No victim? No crime!

Does this mean that a drunk driver would be a victimless crime?

 

[Benny]

Does this mean that a drunk driver would be a victimless crime?

If the drunk didn't hurt anyone, how would it not be?

I'm not debating whether drunk driving should be a crime; I despise drunk drivers. I'm just saying by definition of course it's a victimless crime.

 

[finity]

Now let's look at the gun. Is it to protect his rights or is it to protect him from being ripped off.

What's the difference?

Even "criminals" have the Right to protect themselves from robbery or SBI. It happens often & the dealer almost always gets found not guilty if he used DF to defend himself from the guys who want to rob him of his drugs or money. The dealing charge is a different matter entirely.

 

[lrahm]

What's the difference?

Even "criminals" have the Right to protect themselves from robbery or SBI. It happens often & the dealer almost always gets found not guilty if he used DF to defend himself from the guys who want to rob him of his drugs or money. The dealing charge is a different matter entirely.

Do you really have the right to use a weapon while you are committing a felony? Just asking.

 

[lrahm]

If the drunk didn't hurt anyone, how would it not be?

I'm not debating whether drunk driving should be a crime; I despise drunk drivers. I'm just saying by definition of course it's a victimless crime.

The state of Indiana would pick up the charges. They would be listed as the victim with the officer as the reporter.

 

[finity]

Do you really have the right to use a weapon while you are committing a felony? Just asking.

I think you can as long as you using your weapon wasn't directly related to that felony. It can't be an instrument of the crime.

If you are using it TO commit the felony (murder, robbery, etc) then no.

If it was used secondarily to that felony (i.e. defending yourself from murder robbery etc while selling or even simply possessing drugs) then I think that's completely legal. I'm pretty sure I've seen court cases about that specific scenario.

Heck, even a felon in possession can still legally use the illegal gun to defend himself while still facing charges from the feds for having the gun.

At least I'm pretty sure.

 

[lrahm]

I think you can as long as you using your weapon wasn't directly related to that felony. It can't be an instrument of the crime.

If you are using it TO commit the felony (murder, robbery, etc) then no.

If it was used secondarily to that felony (i.e. defending yourself from murder robbery etc while selling or even simply possessing drugs) then I think that's completely legal. I'm pretty sure I've seen court cases about that specific scenario.

Heck, even a felon in possession can still legally use the illegal gun to defend himself while still facing charges from the feds for having the gun.

At least I'm pretty sure.

This is an interesting situation. Yes he can use it to defend himself. Now if he is sitting there making a deal and someone tries to rip him off, is he committing a crime (yes the sale). Does he have the right to protect himself from being killed, I would have to say "yes" but, He will have to articulate the reason and why he is involved in the sales of narcotics at the time of the shooting. Will he face a grand jury to see if any charges will be pending, probably. You officially have me confused.

 

[lrahm]

I would be relative sure that shooting a person (even while defending yourselt) during the commission of a felony (the sales of the narcotics) you would still face court charges.

 

[finity]

This is an interesting situation. Yes he can use it to defend himself. Now if he is sitting there making a deal and someone tries to rip him off, is he committing a crime (yes the sale). Does he have the right to protect himself from being killed, I would have to say "yes" but, He will have to articulate the reason and why he is involved in the sales of narcotics at the time of the shooting. Will he face a grand jury to see if any charges will be pending, probably. You officially have me confused.

If he uses the gun for defense during a drug deal then I have no doubt that he would be facing the drug charges. But I REALLY doubt he would face any charges for the self-defense action, as long as it was determined to be otherwise legal (ignoring the drug sale stuff).

I'll have to see if I can find that court case I was thinking of again.

 

[lrahm]

If he uses the gun for defense during a drug deal then I have no doubt that he would be facing the drug charges. But I REALLY doubt he would face any charges for the self-defense action, as long as it was determined to be otherwise legal (ignoring the drug sale stuff).

I'll have to see if I can find that court case I was thinking of again.

Please do, I would be interested.

 

[Bill of Rights]

Please do, I would be interested.

Me too.

Subscribing.

 

[finity]

Here's one in which the defendant won his appeal for a felon in possession charge due to self-defense. He was also found not guilty of attempted manslaughter:

http://www.in.gov/judiciary/opinions/pdf/06260603lmb.pdf

Here is one in which a robbery was committed against a person in possession of drugs & dealing paraphernalia (with which he was charged but not charged with murder). The robbers were convicted of murder when the victim/dealer killed one of the other robbers with his (the victims/dealers) gun. It looks exactly like the possible case of the student defending himself against a robbery:

Exum vs State

I'm sure there are more but these are the two I could find fairly easily.

ETA:

Now that I've looked it up I find that killing someone while trying to deal drugs is murder & I don't think self-defense can be asserted for those charges since it is specifically written into the IC.

That doesn't square with the above case where the guy wasn't charged with murder when he defended himself from a robbery AND was charged with dealing.

I guess the bottom line is that not ALL felonies bar you from using self-defense, only the ones specifically listed in the IC for murder. Most are just common sense. Namely,

arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking;

and drug dealing.

Well, I guess I just don't know now, either.