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Damn that sucks. Pretty sure he didn't want to kill the dude. Big guys need to keep pepper spray on them. Guy I knew threw a retaliatory punch outside a club. Recipient's head hit the curb. Dead as latin. Now that guy's in prison. Not fuckin worth it.
Ok but the driver ain't getting charged for that shit right? Sounds like self defense but the "racist slurs" part has me worried bro's gonna get profiled
Mr. Warren was within his right to exit his vehicle and verbally challenge the manner in which Mr. Magnuson was addressing him," Gibbs' memo reads.
What the fuck. That is NOT self-defense.
That's not your definition of self-defense, but it fits many legal definitions. It says he left his vehicle to verbally challenge him. It also mentions he tried to deescalate via discussion:
Witnesses said that Warren had attempted to discuss the matter before things became violent and that he appeared “exhausted.”
He left his vehicle to discuss then the other man threw a punch, at which point he hit the guy back only only once. If someone is yelling and swearing at you, are you supposed to run? You can't even attempt to talk it out or you lose your right to self defense?
It's not about self defense. As long as you match, and don't exceed the aggressor's energy, you're within your rights. If someone punches you, you can punch back but you can't pile drive the guy, but you can hit back just as hard.
The punch the FedEx driver threw wasn't meant to be fatal and was an acceptable retaliation after being verbally abused, then physically assaulted. It's not his fault the aggressor was glass Joe.
Retaliation is not self-defense.
Retaliation has a meaning that does not have bearing here; mens rea for that cannot be established under the circumstances.
Level of reciprocity in force has always mattered; at least we're not under Hammurabi's anymore.
The prosecutor's office in the referenced discussion disagrees with you and you are making claims and not arguments.
Unless you have been physically attacked or have a reasonable belief that you will be imminently attacked, physical violence is always unwarranted. Everyone arguing otherwise is a violent dumbass.
Cool so you agree that getting out of his vehicle to talk to the guy was alright, since there was no physical violence until the other individual threw the first punch.
Glad we got that straightened out.
I hate to break it to you brother, but that guy was not sent to heaven.
Also, self defence argument holds here. Someone was running his mouth, he also ran his. Someone threw a punch, he returned fire. No escalation. Self defence
We don't know for sure but I certainly HOPE he wasn't sent straight to heaven without going through some serious and difficult reformation of the soul first