Monday, May 15, 2023

Old White Lady Has an Emotional Breakdown. If She Acted Like This On A Subway

(Go to the 50 minute mark to see her lose her shit, big time!) 

would anyone have a right to restrain her?  I don't think so.  But the old white lady in question though the dead guy who was strangled to death by the Subway Strangler deserved intervention.

I am sure the old white lady would argue that her shit fit somehow was not really that ugly, and needing intervention.  And beside fucking up horribly on the law?  That is what is totally fucking wrong with her and anyone else defending the subway strangler.  Who the fuck is actually trained, and experienced, and certified enough to make the call between not so dangerous, and actually dangerous people having shit fits?  And let us be plain.  Cops are not well enough trained!

There has been this much needed debate following the George Floyd murder, about the blatantly insufficient training of  cops regarding people in emotional or otherwise mental distress.

I am a little better experienced but not trained, because I did family court for three years in Philly as a lawyer.  I am most sure about what I do not know, however, as opposed to being sure I can tell who is going to go harmful violent, instead of just obnoxiously loud and demanding attention crazy, verbally violent.

Oh.  Where she fucked up,  like One L  badly fucked up?  In the comment section of her post on this shit?  She sort of seemingly deliberately missed the obvious fact that wrapping your arm around someone's neck to subdue them is precisely the kind of risk of killing another activity that the manslaughter laws criminalize. Intent to kill is not an element. It is engaging in conduct where the risk of killing another is so great that as a society we say, collectively.  Don't do that shit.

Before I end this.  And as a lawyer I find it disturbingly humorous to read or hear non lawyer talk law.  I did go through a lot of her homicide loving fan boi's  and occasional girl's posts.  A lot of them seem to think this is a hard case for the prosecution.  Not really.  And a lot think that self defense defense of others is going to be the think that winds the day for the strangler. 
The crime is (let me get the correct language)

Under our law, a person is guilty of Manslaughter in the Second Degree when that person recklessly causes the death of another person. 

The following term used in that definition has a special meaning:

1 A person acts RECKLESSLY with respect to a death when that person 

engages in conduct which creates or contributes to a substantial and unjustifiable risk that another person's death will occur, 

and when he or she is aware of and consciously disregards that risk, 

and when that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.

And yes self defense is an affirmative defense.  That means the prosecution has to prove it wasn't.   I am not going to say that is going to be a slam dunk.  But.  I think the lack of evidence of a real imminent threat is going to be easy to show.

Oddly enough.  The Strangler would be better situated with that defense if he used a gun, not his arm. 

I can just imagine the potential witness for the prosecution describing how after the first minute or two that it is perfectly logical to believe the strangler knew he was killing the victim. So it shifts in theory to a matter of at what point did the self defense defense no longer apply and full responsibility for the unlawful taking of a life become the factual truth?  That is a winnable case for the prosecution.  

As soon as the victim stopped resisting?  And as soon as some on the subway car started saying he was killing the victim?  That is the point his conduct clearly became outlaw.  But far as I am concerned?  The Strangler's choice of strangulation as a means of subduing the victim was outlaw.  Out of several choices?  Kick him in the nuts?  Punch him in the face, or belly, or side of head?  He was a marine for crying out loud!  He was trained in various forms of physical violence. And he went with strangulation move?  

What the fuck, guy!

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