GUILTY NV - Tammy Meyers, 44, fatally shot at her Las Vegas home, 12 Feb 2015 - #5

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  • #1,101
Let's imagine something:

Suppose this is two gangs having a gang war: self-defense for either?

I'm curious. No one needs to answer.


ETA: I'm trying to "free think" on this case. I'm starting off by saying I don't believe any of them.

The sticky point that get me thinking is that darn full metal 9mm jacket from Brandon's gun.

The stories have still so many missing pieces. I doubt the DA has some gigantic "ah ha" card he is going to throw down. I think those kinds of bombshells are for TV.
 
  • #1,102
I don't know how the SYG rule would stand up to EN either. He's claiming self defense isn't he? Where is the self defense? If anything I would say the Meyers have more of a "right" to claim self defense since they were shot at the 1st time around and EN, in his statement said he wasn't shot at.

If I point a gun out you and start chasing you where you shoot at me in response to my armed chasing of you, I have nowhere gained a right to shoot you because you defended yourself against someone pointing a gun and chasing you with it. That's not to say that what happened in Mt Shasta was legal by EN, just that no additional rights would have been conferred to the Meyers before that.

So the Meyers, after being shot at the 1st time, now sees the same car who shot at them driving on "their" cul-de-sac, is going to stand out in the street and yell at the car to get off their street????????? ok, I guess if I had too many glasses of martinis that might make sense..

It's not like the Meyers would go knocking on road raging gang members doors or would go knocking on the door of an armed-and-dangerous murder suspect.
 
  • #1,103
OMG. The GJ testimony has helped me understand why the Audi was shining a spotlight on Cherry River. Mogg said that EN was afraid the buick was heading for his house. I'll bet the Audi was shining the spotlight at the houses near his house to make sure the buick and its occupants weren't near his house or harming his family members.
 
  • #1,104
If I point a gun out you and start chasing you where you shoot at me in response to my armed chasing of you, I have nowhere gained a right to shoot you because you defended yourself against someone pointing a gun and chasing you with it. That's not to say that what happened in Mt Shasta was legal by EN, just that no additional rights would have been conferred to the Meyers before that.
...QUOTE]

That simply isn't true. In some states (like FL), even the original aggressor (which would be you chasing someone pointing a gun) has a right to self-defense if the other person starts shooting at you. You'd have to attempt to escape or withdraw first, but if that person was shooting at you and running after you, you could kill them and prevail with self-defense claim.
http://lawofselfdefense.com/statute...his-chapter-is-not-available-to-a-person-who/
 
  • #1,105
OMG. The GJ testimony has helped me understand why the Audi was shining a spotlight on Cherry River. Mogg said that EN was afraid the buick was heading for his house. I'll bet the Audi was shining the spotlight at the houses near his house to make sure the buick and its occupants weren't near his house or harming his family members.

I've not seen that the police said at what point in the events of the night that the footage was taken.
 
  • #1,106
Is this the reason Bob backed off the single incident road rage storyline?

SYG in Nevada

"The law is well established that where a person, without voluntarily seeking, provoking, inviting, or willingly engaging in a difficulty of his own free will, is attacked by an assailant, and it is necessary for him to take the life of his assailant to protect his own, then he need not flee for safety, but has the right to stand his ground and slay his adversary," the court wrote in its decision.

Eighty years later, the court affirmed that decision and clarified that the right not to have to retreat applied to a person "unless he is the original aggressor."

http://www.reviewjournal.com/news/crime-courts/nevadas-stand-your-ground-law-goes-back-140-years
 
  • #1,107
Is this the reason Bob backed off the single incident road rage storyline?

SYG in Nevada

"The law is well established that where a person, without voluntarily seeking, provoking, inviting, or willingly engaging in a difficulty of his own free will, is attacked by an assailant, and it is necessary for him to take the life of his assailant to protect his own, then he need not flee for safety, but has the right to stand his ground and slay his adversary," the court wrote in its decision.

Eighty years later, the court affirmed that decision and clarified that the right not to have to retreat applied to a person "unless he is the original aggressor."

http://www.reviewjournal.com/news/crime-courts/nevadas-stand-your-ground-law-goes-back-140-years

This doesn't apply in this case, because Meyers retreated. They have left the scene and drove away to their house. In other word, they fled, they didn't stand their ground after they were shot at the first scene.
 
  • #1,108
Is this the reason Bob backed off the single incident road rage storyline?

SYG in Nevada

"The law is well established that where a person, without voluntarily seeking, provoking, inviting, or willingly engaging in a difficulty of his own free will, is attacked by an assailant, and it is necessary for him to take the life of his assailant to protect his own, then he need not flee for safety, but has the right to stand his ground and slay his adversary," the court wrote in its decision.

Eighty years later, the court affirmed that decision and clarified that the right not to have to retreat applied to a person "unless he is the original aggressor."

http://www.reviewjournal.com/news/crime-courts/nevadas-stand-your-ground-law-goes-back-140-years

Bob has nothing to do with this.
 
  • #1,109
I've not seen that the police said at what point in the events of the night that the footage was taken.
The video is time stamped less than three minutes from the estimated time of the Mt. Shasta shooting.
 
  • #1,110
If it wasn't for Bob, I would have forgotten about this case in Mid-February.
 
  • #1,111
The video is time stamped less than three minutes from the estimated time of the Mt. Shasta shooting.

The defense can work with this.
 
  • #1,112
If I point a gun out you and start chasing you where you shoot at me in response to my armed chasing of you, I have nowhere gained a right to shoot you because you defended yourself against someone pointing a gun and chasing you with it. That's not to say that what happened in Mt Shasta was legal by EN, just that no additional rights would have been conferred to the Meyers before that.
...QUOTE]

That simply isn't true. In some states (like FL), even the original aggressor (which would be you chasing someone pointing a gun) has a right to self-defense if the other person starts shooting at you. You'd have to attempt to escape or withdraw first, but if that person was shooting at you and running after you, you could kill them and prevail with self-defense claim.
http://lawofselfdefense.com/statute...his-chapter-is-not-available-to-a-person-who/

We are talking about Nevada not Florida. Florida is even in a different federal judicial district than Nevada.
 
  • #1,113
  • #1,114
We are talking about Nevada not Florida. Florida is even in a different federal judicial district than Nevada.

Then you should have states so in the post. Because in some states it would be perfectly legal for an original aggressor to shoot and kill in the hypothetical situation you came up with.
 
  • #1,115
The video is time stamped less than three minutes from the estimated time of the Mt. Shasta shooting.

I checked the warrant and the GJ testimony and I don't see an exact time.
 
  • #1,116
We are talking about Nevada not Florida. Florida is even in a different federal judicial district than Nevada.
Sometimes I think Florida isn't even in the same country. Texas usually perplexes me too.
 
  • #1,117
  • #1,118
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  • #1,120
I checked the warrant and the GJ testimony and I don't see an exact time.
The time of the shooting was published in the media early on. The video itself has a time stamp.

I don't need police to put two and two together for me to figure out at what point in events the Audi was on Cherry River.
 
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