bob_smithey t1_j0ucgia wrote on December 19, 2022 at 2:12 PM

Reply to comment by jojammin in Stand your ground vs Duty to retreat by LaunderMachine

If it was legal for the squeegee man to carry in MD:
Coming up with a bat, yes.
Shooting him in the back, no.

CrabEnthusist t1_j0w70ym wrote on December 19, 2022 at 9:41 PM

He was 15. He wasn't a man.

Duty to retreat/stand your ground as legal principles are affirmative defenses to homicide, have no inharent connection to guns, and thus the legality of the firearm used is irrelevant.

I suspect you already know these things.

bob_smithey t1_j110qjp wrote on December 20, 2022 at 9:52 PM

I'm unaware of the details with minor vs adult when on trial for murder. I don't know what the jury will think, since that is how we decide things. Being a minor, illegally carrying, and then shooting someone retreating multiple times doesn't sound good to me. The legality of the firearm doesn't matter. But it definitely matters in how the jury thinks. Just looking at the bigger picture.

r3d51v3 t1_j0wrk2d wrote on December 20, 2022 at 12:07 AM

I don’t think the legality of the kid carrying a gun has bearing on his right to self defense. He could have been guilty of a gun crime, but still be not guilty on the homicide due to self defense. Initially it seemed to me he was defending himself, however after seeing the video, it looks like he shot the aggressor as he retreated, which is not self defense.

bob_smithey t1_j10zzb1 wrote on December 20, 2022 at 9:47 PM

Illegally carrying a firearm in Maryland is a misdemeanor. I'll leave the legal fu for the lawyers and courts to figure out. I don't know what differences there are between a minor and an adult in this instance.

You're in the "Judged by twelve is better than carried by six" group. However, as you stated, this doesn't appear to be self defense. We are not in a stand your ground state. And even if we were, I suspect there would be the same outcome in the courts.

r3d51v3 t1_j11swhz wrote on December 21, 2022 at 1:14 AM

All I’m saying is that the legality of the weapon doesn’t bear on one’s right to self defense. When I heard the story, it sounded like the kid defended himself; whether or not he was allowed to have the gun is immaterial. However, upon seeing the video, he appears to have re-engaged after the man with the bat was walking away, which is clearly not self defense.

Douseigh t1_j1bn8zc wrote on December 23, 2022 at 2:39 AM

This is correct. The fact that the gun was illegal is not related to self defense - I beeline Maryland has case law specifically noting this