this post was submitted on 29 Sep 2023
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A jury has found a delivery driver not guilty in the shooting of a YouTube prankster who was following him around a mall food court earlier this year

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[–] [email protected] 174 points 1 year ago (1 children)

There is little to celebrate here.

Victim still got charged with a felony after spending 5 months incarcerated waiting for trial, and has to wait another month in jail to find out if the judge will overturn his final charge.

Self-described "Goon" still walking around on the streets getting paid for harassing and assaulting strangers. As a bonus, nearly doubled subscribers.

This case is exactly why DA's level stack multiple felonies in these cases.

Jury: Well this is clearly self-defense, but he also probably pushed it too far so we don't think he is innocent. Better just give him one felony.

For those that don't know, the American courts have interpreted the constitutional "right to bear arms" as void for felons. This guy who was just acknowledged to have used his firearm in self-defense, is no longer allowed to own a firearm for his own protection.

Discharge of firearm in in public building: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-279/

[–] [email protected] 0 points 1 year ago (1 children)

This guy who was just acknowledged to have used his firearm in self-defense, is no longer allowed to own a firearm for his own protection.

Good. Because that wasn't self-defense, and he clearly doesn't know what situations are appropriate for lethal force. Neither his life nor property were in any danger.

That doordash guy shouldn't own a gun.

[–] [email protected] 3 points 1 year ago* (last edited 1 year ago) (2 children)

You know that his life wasn't in danger because you know it was a prank. The defender here did not have the benefit of that knowledge.

When someone nearly a foot taller with 50 more pounds of muscle gets in your face and starts accusing you of thinking about their private parts, then you get to decide if self-defense is necessary. The defender tried to get away from the aggressor multiple times and told him to stop multiple times, but the aggressor obviously kept engaging.

Do you think he should have waited until the giant started punching or kicking him before he decided to draw his weapon? Should he have tried to punch the giant instead of using the weapon he has? Do you think you could outrun someone taller and in better shape than you are?

If the defender had multiple self-defense options he might have chosen another, but all of this is arm-chair quarterbacking. We weren't there and the person that was chose the only real defense option they had.

This situation is entirely the Goon's fault. He should be the one facing charges. While it might be reasonable to recommend a self-defense course for the victim, my understanding is that he already followed good self-defense principles.

Edit: Also, since no one else is saying it, I will. If the victim happened to have been gay, the aggressor probably would have been charged with a hate crime. The goon was clearly accusing him of it.

[–] [email protected] 1 points 1 year ago (1 children)

I see the argument for self-defense but that is not the same as using lethal force. Nor is it the same as opening fire in public.

[–] [email protected] 1 points 1 year ago

I think that is a reasonable stance, one I even mostly agree with. If any of the charges were misdemeanors, I might even have let that one through myself with time served and a request to take a firearm safety or self-defense course. However, I think the judge would still be having to decide whether to throw it out in a month.

However, once you say the self-defense is justified, trying to tack on additional charges is pretty unfair to the defendant. If he had another method of self-defense with him, he might have used it, but he only had the firearm and he used the minimum amount of force possible with that tool.

As I said below:

The driver owning a gun is not a danger to random members of society. His actions clearly indicate he is willing to deescalate the situation and try to walk away before defending himself. Even when he did fire, he didn’t unload the chamber at the aggressor and his friend, he fired a single round while continuing to try and leave. It was the bare minimum for the weapon he had available.

It would be pretty reasonable to lay the entire situation at the feet of the instigator. I will be interested to follow a civil case if the defendant attempts to sue the aggressor.

[–] [email protected] 0 points 1 year ago (1 children)

There wasn't a threat or posturing like a bar fight. There needs to be some actual positive evidence to be able to claim you fear for your life. Even cops make up those reasons.

Seems to me that people are just happy about the annoying guy getting shot for shitty behavior, and they'll rationalize it however needed.

[–] [email protected] 4 points 1 year ago

There wasn’t a threat or posturing like a bar fight. There needs to be some actual positive evidence to be able to claim you fear for your life.

You don't need to fear for your life just your safety. Those guys cornered him up against the counter and then followed him when he tried to get away, despite repeated requests to stop.

Seems to me that people are just happy about the annoying guy getting shot for shitty behavior, and they’ll rationalize it however needed.

There are plenty in this post that would take that stance. However, I am not one of them, and nothing in my comments indicates otherwise.

The driver owning a gun is not a danger to random members of society. His actions clearly indicate he is willing to deescalate the situation and try to walk away before defending himself. Even when he did fire, he didn't unload the chamber at the aggressor and his friend, he fired a single round while continuing to try and leave. It was the bare minimum for the weapon he had available.

At any point, the self-described "Goon" could have ended this hostile interaction by just standing still.