Joe McKnight shot dead in Terrytown

I'd like to hear more stories about when you were in your twenties when we have time.

Actually varies by State. In Texas, if someone is stealing property from your garage, you can shoot them even if they're running away.

 

Yes I think Montana and those kind of states have cattle rustling laws which are a little more liberal in the use of force. In our present PC America you need to be prepared for the fallout after your actions. With that said I always rather be judged by twelve, than carried by six. Anyway I've learned to stay calm and think a little more in my advanced years.

 

You're wrong. Legally, in Louisiana, if you fear for your life or great bodily harm, you can use deadly force. That's anywhere, with no obligation to retreat. Matching force for force is non-sense.

In Louisiana, if someone is breaking into your home or your car you can use deadly force. Plain and simple. You can shoot a burglar, or a car jacker.

If some enraged person is entering my vehicle to harm me, you better believe they're going to get shot. I'm not gonna cross my fingers and hope for the best.

 

Have you ever been to court for it because it didn't work that way in my case, now that was 30 years ago so not sure if it's always been that way. I know a lot of people think they know law until a judge explains it to them. I'm not saying you don't or that you are wrong I was just explaining my experience. I might ought to add that this was in a nightclub parking lot not my car or home.

Also I agree that I will take my chances before I let someone take my life, but I think this guy, because of his past incident probably does not have self control. We really don't know yet what all the facts are so like I said my feelings could change.

 

eh, little difference, I'd say.

He's correct in what he said though. I'm betting he has a conceal carry permit. They explain that in detail very well when people take the class.

 

I figure as much that's why I don't call anyone out unless I'm sure and in this situation I'm not. Just was relating an experience and what I thought to be correct as I was told thirty years ago!

I have to get my conceal here in TN so I will be legal. Just moved here within the last year and getting settled in.

 

Well you're a wise one cause, obviously, there are often times in which use of deadly force is not so cut-and-dry.

 

Never been to court for it, thank god. That's just what i understand the law to be. I certainly dont know what happened. If Joe was banging on the window and pulling on a locked door latch when he was shot, i don't see justification. But if he had broken the glass and was entering the car to harm the guy, then yeah. Being that the guy was released with no charges leads me to believe what happened was closer to the latter.

Never been in a situation where i feared for my life. I can imagine there's not much or no time to think, just react. Although Gasser may have taunted Joe hoping that he would try to enter his car. Hope the truth comes out.

 

He could be dead if he takes more than a second or 2 to think about whether defending his life is a wise decision.

 

False.

The law states that "A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.”

The law states that the shooter has to reasonably believe that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger. Gasser must first prove he was acting in self-defense and it needs to be 'reasonable'. You can't just say "I thought I was going to die" and you're off the hook. In Louisiana there is a burden of proof of the intent of the 'attacker' and not just a 'feeling' which is subject to personal prejudice and ignorance.If McKnight was holding a weapon or physically attacking him, then he has a good case. If they were arguing and McKnight is on the other side of the car, then that's not looking good for Gasser.

I was talking with someone about the Will Smith case and another case came up in Louisiana where a homeowner shot someone on their property they felt was robbing them. The homeowner claimed self-defense, but ended up facing charges because there was no proof of imminent danger or bodily harm. It's not that cut and dry. Another example was a homeowner was attacked by the ex-husband of his wife. The Ex-husband was larger than the shooter and began to physically attack the man. During the attack, the ex-husband was shot. There was no issues in proving the intent and a reasonable belief of danger or bodily harm because of the man's size and the physical altercation that took place.