LaRue Brachter

[gerhard1]

Did a search and found nothing

A Black veteran shoots a White would-be burglar and is charged with Murder One. Justified or not? What say the wise and noble folks on OSA?

https://currently.att.yahoo.com/att...-205612621.html?.tsrc=daily_mail&uh_test=1_11

 

[mr ed]

Charges sound right to me from the article. The man was outside and had NOT broken in. Brachter was NOT in fear for his life. He was safe behind a locked door. Was running an illegal grow operation. Probably no carry license- so no training at all as to the laws of Oklahoma.

 

[bigred1]

His wife is playing the race card...

 

[wawazat]

That's a terrible story filled with nuance that I don't see being able to codify. If I was sitting on his jury, I would not convict him based on the information at hand. A lapse in license isn't enough for me to remove his assumed right to protect himself from someone breaking into his warehouse. Even on the other side of the door, if I was in his position I would assume the person was willing to take my life for the contents of my building.

I'm not sure it is a racially motivated decision by the DA, but it is more about them figuring out how the law needs to handle a brand new scenario that wasn't possible 5 years ago. Where it gets muddy is that if we decide he had the right to self defense, are we creating a precedent for someone that shoots someone else trying to take their coke, heroin, meth, etc stash?

 

[JR777]

They didn't really go into whether the guy who got shot was actually there to rob the place or not, whether he was armed, etc. Whether it was justified or not depends entirely on what he knew at the time. If he had good reason to believe that there was an armed burglar on the other side of that door, and said burglar was making an attempt to get inside, it's a pretty good case.

What they said though is that self defense can't be used as a legal defense because the guy's license to grow marijuana had expired. So the difference between self defense and murder is apparently a matter of letting a business license lapse.

Does that mean that if you're driving on an expired license, and someone tries to kill you because they're road raging, and you defend yourself, that you've just committed first degree murder? I would think long and hard about that, especially since the state of Oklahoma has apparently decided to for all intents and purposes suspend all DMV services. I think that's relevant, because I 100% believe her when she claims that the state put him in a position where he wasn't able to renew his license.

Or what if your business gets held up, but it's found after the fact that you let your business license lapse? Were this a gas station robbery and a normal every day business license I don't think we would be having this conversation, but if this nonsense is allowed to stand then one day we might be.

If you ask me, this sets incredibly dangerous precedents. I don't care if he was dealing trailer park meth out of an ice cream truck. Self defense is self defense. But this is downright Orwellian because they basically removed his right to defend himself for failing to give the crown its demanded cut of the profits. Basically what the legislature and courts are saying is that if you deprive the state of its protection money you lose your most basic human rights.

 

[Timmy59]

Said it before and will say it again the mj industry we allowed/ invited will do more harm than good.. This is just 1 example.. If it had been done federally across the country it would have had less ill effect but by single states it's bad juju.. I wasn't in the man's shoes but if it wasn't his home than I don't see him coming out on the bright side..

 

[RickN]

From the sounds of it the guy just jiggled the door handle. Not sure that is reason enough to shoot no matter what color either party is. The white guy had broken in, plant his a$$. Jiggle the handle, lock and load and find cover.

 

[JR777]

From the sounds of it the guy just jiggled the door handle. Not sure that is reason enough to shoot no matter what color either party is. The white guy had broken in, plant his a$$. Jiggle the handle, lock and load and find cover.

It just depends. So many unanswered questions. Did he have a weapon? Did the shooter recognize him from the aforementioned previous break in attempt? Were there any warnings given, or threats made?

Just generally speaking though, it's a bad idea to shoot anyone from inside of a secure structure. Very rarely is that going to meet any legal definition of self defense.

 

[Hodrod]

It just depends. So many unanswered questions. Did he have a weapon? Did the shooter recognize him from the aforementioned previous break in attempt? Were there any warnings given, or threats made?

Just generally speaking though, it's a bad idea to shoot anyone from inside of a secure structure. Very rarely is that going to meet any legal definition of self defense.

I agree with JR777....

 

[Rez Exelon]

I learned the other day that a good chunk of this board would split a guys head into a canoe over a flag, or even just having someone on their property. Based on that I've gotta say that he not only was justified in shooting the guy, but probably should have fired more.