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AnimeLordLuis
Joined: 27 Jan 2015
Posts: 1626
Location: The Borderlands of Pandora
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Posted: Fri Jan 15, 2016 2:26 am
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I hope he's not convicted to me it seems like self defense hell he even called 911 after he stabbed the deceased if he intended to kill he wouldn't have stayed at the scene of the crime let alone dial 911.
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TheOtakuX
Joined: 16 Jan 2014
Posts: 344
Location: Wooster, Ohio
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Posted: Fri Jan 15, 2016 3:34 am
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I agree. It just doesn't sound like murder, somehow.
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SpiritBomb1991
Joined: 05 Jan 2016
Posts: 26
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Posted: Fri Jan 15, 2016 4:23 am
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Such an idiot why stab him, use your fists. Hearing these stories i never understand how anyone would use a weapon knowing the consequences, life in jail isn't worth it, lots commit suicide in there, its funny because people barely survive out here when they've got support and lots of entertainment, well he did call the cops straight after, he only deserves a 5-10 year sentence or something, unlike Jodi Arias who hid and lied about everything.
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Nakurawari
Joined: 30 Dec 2013
Posts: 265
Location: Ireland
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Posted: Fri Jan 15, 2016 4:25 am
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I mean, he killed someone...but it was in self-defence. It's not like he got up that morning and decided to murder someone. I think murder should be treated differently if the situation is not one-sided.
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SageModeKakarot
Joined: 15 Dec 2014
Posts: 302
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Posted: Fri Jan 15, 2016 9:56 am
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Nakurawari wrote: | I mean, he killed someone...but it was in self-defence. It's not like he got up that morning and decided to murder someone. I think murder should be treated differently if the situation is not one-sided. |
isn't that what the Manslaughter charge is for?
which is what they should be charging him with because he didn't set out to kill the guy
sounds like something else went down that we don't know about
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Mr. Oshawott
Joined: 12 Mar 2012
Posts: 6773
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Posted: Fri Jan 15, 2016 10:09 am
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Maybe I'm interpreting this the wrong way, but based on the information present, I think he was acting in self-defense. If all goes well, Mr. Medina might end up taking a more-lenient manslaughter conviction instead.
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Greed1914
Joined: 28 Oct 2007
Posts: 4741
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Posted: Fri Jan 15, 2016 11:30 am
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Before we get buried in comments asking why he is being charged when he claims self-defense, I think it is important to make note of two important things:
1. Medina is claiming self-defense, but obviously the police and prosecutor believe otherwise. We don't know enough details ourselves to make any assessment.
2. Self-defense is what is known as an affirmative defense. That means that the defendant has the burden to prove that even though he killed his roommate, he was justified in doing so. This can be tough to do since usually the self-defense used must be reasonable under the circumstances. So, a jury would have to agree that the roommate posed such a threat to Medina that a reasonable person would use deadly force in that situation. Even if they were in a physical fight, it might not have been reasonable to use a deadly weapon.
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Utsuro no Hako
Joined: 18 May 2012
Posts: 1059
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Posted: Fri Jan 15, 2016 11:51 am
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Yeah, guys, self-defense doesn't mean you can kill somebody for punching you. Your actions have to be proportionate to the threat, so if the police don't believe the roommate was in a position to kill Medina, or at least inflict serious bodily harm, a murder charge is appropriate.
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Lostlorn Forest
Joined: 03 Apr 2014
Posts: 544
Location: USA
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Posted: Fri Jan 15, 2016 1:14 pm
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Yeah, if the roommate wasn't armed himself, that's completely unjustifiable for Medina to use such deadly force. In that situation that isn't self-defense, not really. But since we don't have all the information it's best not to come to assumptions about what the roommate was doing and whether or not he was armed... yet
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Dfens
Joined: 08 Feb 2013
Posts: 462
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Posted: Fri Jan 15, 2016 2:11 pm
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Obviously you guys don't know the definition of what self defense means in the eyes of the law.
You can use whatever means including a weapon to defend yourself if you feel that your life or someone else's life is in danger from death, great bodily injury, rape or mayhem.
Now once the threat is over or the person gives up you can't keep using lethal force, you have to stop once the threat it over.
And for the people saying use your fists, that is the dumbest thing I've ever heard. What if your attacker is much bigger than you or some kind of martial arts expert, they could be on drugs or have mental problems. Real life attacks are not like the movies or TV shows. Lets say it's your little old Mother or Grandmother who's the victim no you can't use a weapon use your fists or you might go to jail. What a crock.
Do you expect people to risk getting seriously hurt or killed by fighting back with their fists. You do know you could cause someone a serious brain injury or some sort of permanent injury even if you don't kill them while only being barehanded? Or would you also like to stay in the hospital and incur some hefty medical bills?
Someone attacks me I'll use whatever edge I can get.
As someone else said we don't have all the facts, if it's a legitimate case for self defense I hope he doesn't get railroaded.
Last edited by Dfens on Fri Jan 15, 2016 6:56 pm; edited 1 time in total
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enurtsol
Joined: 01 May 2007
Posts: 14909
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Posted: Fri Jan 15, 2016 3:42 pm
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It'll be up to a jury to decide, unless there's a plea bargain
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Redbeard 101
Oscar the Grouch
Forums Superstar
Joined: 14 Aug 2006
Posts: 16974
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Posted: Fri Jan 15, 2016 4:29 pm
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Before more people start going on about self defense it should be pointed out that self defense laws can and do vary state by state. So whatever your state says on the subject might not be the same as another. That being said regardless of how the law is worded for California or LA city murder, be it 1st or 2nd degree, does seem to be the wrong charge for this situation. Manslaughter, be it voluntary or involuntary, would seem to be the more appropriate charge to use given the facts released for this situation. At this point it's best to wait until any new facts of the investigation are released. There must be something new for the state prosecutor to feel after almost a year there is enough evidence to charge Medina at all. Or they are reaching. Time will tell.
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RoverTX
Joined: 17 Dec 2008
Posts: 424
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Posted: Fri Jan 15, 2016 4:29 pm
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They are charging him with murder? Doesn't that imply premeditation? Shouldn't the charge at worst be manslaughter? Very weird, must be some evidence that this was some type of setup, surprised that if they think that that the girlfriend isn't not being charge as some type of conspirator...
Edit: got beaten to it by seconds
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TarsTarkas
Joined: 20 Dec 2007
Posts: 6003
Location: Virginia, United States
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Posted: Fri Jan 15, 2016 6:47 pm
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I haven't the faintest idea who is the guilty party. But Sutter breaking into the bedroom, is probably why the police held off charging Medina for murder.
All you have to do is watch Forensic Files or any other real life crime show, and you will understand, that anyone can murder whether they are smart or dumb about it. Even the strangest things can happen.
I hope they now have real evidence, hence the reason for the murder charge, rather than them reaching.
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SilverTalon01
Joined: 02 Apr 2012
Posts: 2425
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Posted: Fri Jan 15, 2016 10:34 pm
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RoverTX wrote: | They are charging him with murder? Doesn't that imply premeditation? |
There are different murder charges. It doesn't have to be premeditated to be murder.
As to his self defense claim, he wasn't the only person there besides the dead guy. I'd guess the real reason he is in trouble (regardless of guilt or innocence) is due to the girlfriend's account not matching his. Or (and I don't know about where this happened nor do I know if this guy qualifies) there are exceptions to lethal self defense when the person is highly trained.
Anyway, he will have a chance to argue his claim in court, and there aren't enough specifics in the ANN articles (only ones I've read) to have that much of an idea about if the threat to his well being was legitimate.
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