MD shooting

[Vonz90]

https://www.foxnews.com/politics/iraq-w ... ing-family

Interesting case, sounds like the shooter has a relatively decent self defense case but Maryland so who knows.

[Netpackrat]

Yeah a good lawyer can address the fact that he left and the rest seems like a cut and dried case of self defense. If Gonzales believed that the neighbor had called for backup, driving his children home to safety would be a reasonable action.

[MiddleAgedKen]

Article notes that Maryland is a duty to retreat state, but it appears that Gonzales was attempting to retreat when the decedent escalated, and his lawyer had better attach that point to the foreheads of the jury with a heavy-duty staple gun. Prosecution going to try the "everyone takes a beating once in a while" gambit?

[Netpackrat]

I don't think it matters what state you are in; you don't have a duty to abandon your children in the face of a violent attack in order to retreat.

[randy]

I am so glad for 3 things:

1. I've never had to go through a similar situation

2. I left the People's Republic of Maryland in the rear view 20+ years ago and have never had to return.

3. Ohio finally got rid of that asinine "duty to retreat" nonsense (along with placing the burden of proof on the Prosecution to show that it was not self defense, the presumption being that it was until proven otherwise).

[AndytheAxe]

MD has a duty to retreat out in the streets but also a castle doctrine like law saying you don't have to retreat in your home, hopefully his mom's home would count too. Hopefully if it makes it to trial his lawyer brings up Tueller drills and that a club can still totally kill as they have since caveman times.

[Vonz90]

I don't think it matters what state you are in; you don't have a duty to abandon your children in the face of a violent attack in order to retreat.

This is true.

[MiddleAgedKen]

I am so glad for 3 things:

1. I've never had to go through a similar situation

2. I left the People's Republic of Maryland in the rear view 20+ years ago and have never had to return.

3. Ohio finally got rid of that asinine "duty to retreat" nonsense (along with placing the burden of proof on the Prosecution to show that it was not self defense, the presumption being that it was until proven otherwise). (emphasis mine)

Forgive the threadjack, but Ohio is improving rapidly on that and other fronts. In 2021 the Ohio House and Senate each passed a version of Constitutional carry. The House bill passed 60-32 and the Senate bill passed 23-8. I hope that reconciliation is scheduled for the spring and that Governullity DeWeathervane can read the room (by which I mean the vote counts) and sign the damned thing.