• refalo@programming.dev
    link
    fedilink
    English
    arrow-up
    0
    ·
    edit-2
    6 months ago

    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.

    • chatokun@lemmy.dbzer0.com
      link
      fedilink
      English
      arrow-up
      1
      ·
      6 months ago

      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?

    • Son_of_dad@lemmy.world
      link
      fedilink
      English
      arrow-up
      0
      ·
      6 months ago

      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.

        • Promethiel@lemmy.world
          link
          fedilink
          English
          arrow-up
          1
          ·
          6 months ago
          1. Retaliation has a meaning that does not have bearing here; mens rea for that cannot be established under the circumstances.

          2. Level of reciprocity in force has always mattered; at least we’re not under Hammurabi’s anymore.

          3. The prosecutor’s office in the referenced discussion disagrees with you and you are making claims and not arguments.

    • Boy of Soy@lemmy.world
      link
      fedilink
      English
      arrow-up
      0
      ·
      6 months ago

      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.

      • KairuByte@lemmy.dbzer0.com
        link
        fedilink
        English
        arrow-up
        1
        ·
        edit-2
        6 months ago

        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.