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@GhettoCode

From the ghetto to Staff Software Engineer. Might tweet about: #Bitcoin #Landlord #FreedomFries #USMC #SlangingCode #BeatingPeopleUp Tweets self-destruct.

Atlanta, GA Katılım Ocak 2008
615 Takip Edilen780 Takipçiler
Josie Marcellino
Josie Marcellino@JosieMarcellino·
Gun-owner and daughter of a gun instructor here. You can’t legally shoot someone for punching you one time in the face. Especially after intentionally trying to incite violence.
FearBuck@FearedBuck

ChudTheBuilder shot a man who attacked him outside a courthouse in Clarksville & accidentally grazed himself in the process. Before it escalated, he asked the man if he was going to “chimp out” the man then walked up & sucker punched him. It is unclear if the man survived.

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univrslmma
univrslmma@univrslmma·
I’m not joking right now I don’t think there’s a single person in attendance at the MVP mma card, like seriously there’s not a single person in the audience #RouseyVsCarano
univrslmma tweet media
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I agree that we *shouldn't* be violent over words. "Sticks and stones" and all that. At the same time, the Supreme Court in Chaplinsky v. New Hampshire (1942), it holds that words which, by their very utterance, inflict injury or tend to incite an immediate breach of the peace are not protected under the first amendment. That's SCOTUS, not me. So I guess a jury (if it ever gets there) will have to decide whether all that "chimp out" nonsense was fighting words meant to provoke. If so, then Chud lost the right to escalate force by using it. If he had used it, gotten attacked, and then beat the shit of the guy, he'd probably be fine. But he escalated the violence above the level of violence used against him after having incited, IMHO, the incident in the first place.
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Mr. Sparkle
Mr. Sparkle@Mistur_Sparkle·
@GhettoCode @JosieMarcellino I’m not in agreement with the dude. I’m just saying that people make claims about law without actually understanding it. I honestly hope both get convicted of various levels of crime. We cannot be violent over words AND harassment, violence and hate for clicks is wrong.
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Mr. Sparkle
Mr. Sparkle@Mistur_Sparkle·
@GhettoCode @JosieMarcellino You’re omitting: The person using force abandons the encounter or clearly communicates to the other the intent to do so; and (B) The other person nevertheless continues or attempts to use unlawful force against the person. Saying “I’m walking away…etc” matters
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Stop trying to reframe the issue. The issue is not "racism is illegal" or "racist words are illegal". Nobody said they were. Nobody threw Chud in jail for saying nigger. They threw him in jail for saying nigger to start a fight, then pulling a gun during the fight he asked for. And from the video, I'm not even sure he was losing the fight. That's a whole other can of worms. No matter how you get into a fight, in no state in the country can you shoot someone because you're WINNING a fight. Even if someone jumps out of the bushes and starts hitting you, you can't take them down, pin them, and THEN shoot them. That's not self defense; that's attempted murder.
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Even the Supreme court has recognized "fighting words" as provocative speech. Allowed speech, yes, but not without consequences. One of those being: if you go looking for a fight, and you find one, then good on you, you got what you were looking for. Mutual combat, have at it. But you don't get to engage in mutual combat...and then pull out a gun.
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First, tell it to the TN legislature. I'm just telling you what the law is. I quoted the exact section; look it up. The law is not common sense. The law is the law. And the law clearly says if you provoke someone to violence, you don't get to escalate force. You can probably get away with matching force: he punched you, you punch him. But you don't get to provoke someone to hit you and then shoot them. No matter what you want the law to be, the law is what it is.
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@DoktorTalos @JosieMarcellino Who are we kidding. This case is never going before a jury. Have you seen Chud's rap sheet? It's a mile long. He knows the game and will plead this down quick once he see's they're not Fing around. Felonious assault or something, take the 3-5 and call it a day.
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Doktor Talos
Doktor Talos@DoktorTalos·
@GhettoCode @JosieMarcellino Well, juries find all sorts of things, regardless of the law. I do think that a lot will probably hinge on how sympathetic a jury he gets.
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Doktor Talos
Doktor Talos@DoktorTalos·
@GhettoCode @JosieMarcellino The definition of provocation is fairly narrow, and I don't think anything he did that I've heard meets it (insulting someone is not enough by itself). The central question is whether or not he had a reasonable fear of suffering death or great bodily harm.
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@MajToure Tennessee Code § 39-11-611(e)(2). Use of force not authorized "If the person using force provoked the other individual's use or attempted use of unlawful force." Don't blame me; I don't write the law.
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MajToure999
MajToure999@MajToure·
Verbal insults or words don’t justify initiating physical violence right? And if one is attacked for their words, they’re good to defend themselves right? If so…. That would mean Carmelo Anthony is justified in stabbing his aggressor. Let’s discuss.
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I try to warn people all the time that the law ain't common sense. The law is the law and you'd better fucking know what the law is if you're going to carry a weapon. The affirmative legal defense of "self defense" isn't what most people think it is.
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Y'all might want to lookup Tennessee Code § 39-11-611(e)(2). Use of force (for self defense) is not justified "If the person using force provoked the other individual's use or attempted use of unlawful force". Chud is fucked.
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