SavannahMann
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- Nov 16, 2016
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An Arizona rancher has been charged with first-degree murder and had his bail set at a whopping $1million for fatally shooting a Mexican citizen on his property.
George Alan Kelly, 73, was arrested following the January 30 fatal shooting of Gabriel Cuen-Butimea, 48, on his ranch in Kino Springs, just a mile and a half north of the US-Mexico border.
Authorities are still investigating the fatal shooting, with the Santa Cruz County Sheriff's chief deputy saying it does not appear that Kelly knew Cuen-Butimea ahead of the shooting.
But under Arizona law, deadly force is allowed on one's own property if the homeowner believes it 'immediately necessary' to prevent trespassing.
Several other statutes — known as the 'stand your ground' laws — also defend the use of physical or deadly force when a homeowner fears a threat and believes force is necessary.
Arizona rancher, 73, is charged for shooting dead Mexican migrant
George Alan Kelly, 73, was arrested for fatally shooting Gabriel Cuen-Butimea, 48, on his Arizona ranch on January 30.www.dailymail.co.uk
Comment:
According to Nancy Pelosi it's OK to shoot trespassers.
Pelosi's Capital Police shot Ashley Babbitt.
I'm sure that the Left will be claiming racism and an unjustified shooting.
However, I would not shoot a trespasser.
I would warn a trespasser.
Maybe a warning shot.
There is a certain amount of truth, and a lot of dishonesty in your post. Let’s begin shall we?
First, the law says one thing, but the Courts decide what the laws mean. They decide by putting it up against other laws, and even Federal or Constitutional Law. These decisions are called Precedence. The courts decide what the law really means. And often it is not what it appears to say.
So we come to the question of justifiable use of force. Yes, you have a right to defend yourself. And fearing that the individual is a threat is a vital component. However, there is a phrase or part that you’ve ignored. That part is reasonable. Would the reasonable person believe that there was a threat?
You can’t just say I was afeared for my life and be given the golden ticket out of trouble. Your story has to show you were afraid, and that fear has to be judged to be reasonable by the various people involved in the examination. The cops, the Prosecutors are the ones who make the initial judgement. The Grand Jury decides if it was sufficiently suspicious to charge you with a crime.
Then it comes to the trial. The Jury will ultimately decide if your actions were reasonable. Those cases that came before you, those are the ones that help define the law and determine the precedent. Especially decisions by review courts, the decisions on appeals.
This is something we saw in Brunswick with the McMichaels. Internet experts quoted the text of the law endlessly to explain how the McMichaels were justified. People in Georgia, like me, kept pointing at the Precedents that said the McMichaels were going to jail. We were right, the McMichaels were going to jail, and will spend the rest of their lives inside the Georgia State Prison System.
And sadly, it was nothing new that sunk them. It was the law, that had been on the books for decades, and precedents that were on the books for similar decades. The law was defined when Daddy McMichaels was a young boy. And his been used probably a thousand times before.
So just quoting the text of the law is a good start, but only a start. To really understand what is going on you first need the whole story. Second you need the precedent cases that defined the law, and only then can you judge the legal jeopardy of the individual.
During the McMichaels case, I endlessly typed the following thing into the servers and online.
If God Forbid you ever have to use lethal force. First, before that day you should understand the laws. Take training courses, and talk to legal experts to understand when you can, and can’t use lethal force. Every state is different, and the laws are different. You need to understand how the laws in your State work.
Second. If you use force, shut your fucking mouth. Say nothing to the police. Call them and report the shooting. Say nothing else. Point out the evidence which you do not disturb to them. Call your lawyer. Call a lawyer, and then shut the absolute fuck up. Let the lawyer talk to you, and then talk to the cops. How you phrase things could be the difference between a criminal action, and a justified shooting. Shut the fuck up. Call a lawyer.
Third. Do not talk to the press before, during, or after the event. Don’t talk to your friends or family about it. Shut the fuck up. If the press starts reporting that you were crowing to your buddy about how you showed that damned N**** something. You will talk your way into prison. Don’t destroy any evidence. That makes you guilty as hell to the Jury.
Finally. The cops are not your friend. They aren’t there to help you. They aren’t going to just sweep this under the rug after a perfunctory investigation. They are going to encourage you to talk. The more you talk, the more they have to use against you.
If you think you are a great guy and you did a great thing, talk all you want. Because history shows you will talk your way right into prison.
Now, there is a lot we don’t know. We don’t know anything about what happened, and we don’t know what the precedent is in this case. It might be a bullshit charge. It might be totally justified. We don’t know. Jumping to conclusions now, just makes you look dumber and dumber as time goes by and you are reluctant to step down from the hill you climbed up on this early in the process.
