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Re: shipleys in starkville?

Posted: Tue May 31, 2011 5:18 pm
by djw442
Jelly wrote:I'm told there is no attempted murder law in MS. Is that correct?

Yep, this is right.

Re: shipleys in starkville?

Posted: Tue May 31, 2011 6:05 pm
by Seymore
Okay guys. You walk in on this and you have your concealed carry would you draw? There's no doubt in my mind I'd pull and double tap him. The question in my mind is whether I'd go to jail for killing him. Would the police take the stance that I was not in immediate danger as I was not the one being attacked and I had no right to use lethal force. That's the thing that bothers me about concealed carry. Walking in on something like that I morally could not just not do anything but dealing with the legal garbage afterward. There's just some things that should be black and white but the legal system deal in shades of gray.

Re: shipleys in starkville?

Posted: Tue May 31, 2011 6:36 pm
by JaMak84
Seymore wrote:Okay guys. You walk in on this and you have your concealed carry would you draw? There's no doubt in my mind I'd pull and double tap him. The question in my mind is whether I'd go to jail for killing him. Would the police take the stance that I was not in immediate danger as I was not the one being attacked and I had no right to use lethal force. That's the thing that bothers me about concealed carry. Walking in on something like that I morally could not just not do anything but dealing with the legal garbage afterward. There's just some things that should be black and white but the legal system deal in shades of gray.
He was coming at me with a knife :wink:


P.S. make every shot count

Re: shipleys in starkville?

Posted: Tue May 31, 2011 7:22 pm
by donia
Anatidae wrote:'Had to be on meth or something - no way to prepare for that other than be in the right place at the right time with adequate defense.
the first report i heard of it, on ms news network, was saying that the workers that fought with him said that he had unusual strength (or unusually strong...along those lines), so that was my first thought, some sort of wicked speed...but then after the tazing report...almost no doubt he was on something.

Re: shipleys in starkville?

Posted: Tue May 31, 2011 8:40 pm
by Seymore
What happened with the tazing? Would he not stay down or what?

Re: shipleys in starkville?

Posted: Tue May 31, 2011 8:47 pm
by donia
Seymore wrote:What happened with the tazing? Would he not stay down or what?

not sure, report just said that they had to taze him to subdue him...

Re: shipleys in starkville?

Posted: Wed Jun 01, 2011 7:44 am
by duramax
Quote from the article:
Joe Kenny, owner of Shipley Donuts, was out on a delivery at the time of the attempted robbery. He returned shortly afterward. After the police concluded their investigation, he said there was "no way the store can open" and closed for the day. All of the day's doughnuts were given away.
Who's the A-hole that asked "what did you do with the doughnuts?"

Re: shipleys in starkville?

Posted: Wed Jun 01, 2011 8:23 pm
by Deltaquack
Seymore wrote:Okay guys. You walk in on this and you have your concealed carry would you draw? There's no doubt in my mind I'd pull and double tap him. The question in my mind is whether I'd go to jail for killing him. Would the police take the stance that I was not in immediate danger as I was not the one being attacked and I had no right to use lethal force. That's the thing that bothers me about concealed carry. Walking in on something like that I morally could not just not do anything but dealing with the legal garbage afterward. There's just some things that should be black and white but the legal system deal in shades of gray.
Check this out:

http://www.huffingtonpost.com/2011/06/0 ... k3%7C67538

Re: shipleys in starkville?

Posted: Wed Jun 01, 2011 9:32 pm
by Smoke68
Deltaquack wrote:
Seymore wrote:Okay guys. You walk in on this and you have your concealed carry would you draw? There's no doubt in my mind I'd pull and double tap him. The question in my mind is whether I'd go to jail for killing him. Would the police take the stance that I was not in immediate danger as I was not the one being attacked and I had no right to use lethal force. That's the thing that bothers me about concealed carry. Walking in on something like that I morally could not just not do anything but dealing with the legal garbage afterward. There's just some things that should be black and white but the legal system deal in shades of gray.
Check this out:

http://www.huffingtonpost.com/2011/06/0 ... k3%7C67538
Not the same. Ersland messed up big time. Should he go to prison? I don't think so. But Seymore was sayin if you walked in and a dude was behind the counter cutting a 65 yr old lady's throat, would you shoot him? If you wouldn't then you ain't got no business carryin a gun. You probably ought to carry some Pez candy dispensers instead. They're lighter, and they taste good.

Ersland walked back in his store where the thief lay shot and incapacitated. Then he reloads and puts 5 bullets in the dude's chest at point blank range. Like I said, not the same. Here's the video if you're interested. Pretty sure this has been debated before though.

http://www.youtube.com/watch?v=MJZdFcDmllQ

EDIT: And for the record, I believe the law would allow you to protect an innocent bystander's as if it were your own. No questions asked as long as your story holds up. Can I get a correction on this if I'm wrong?

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 9:10 am
by jburt80
http://mississippicriminaldefenseblog.c ... -doctrine/

1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:

(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;

(f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;

A “dwelling” means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch;

You should be covered.

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 11:57 am
by tombstone
Smoke68 wrote:[Ersland walked back in his store where the thief lay shot and incapacitated. Then he reloads and puts 5 bullets in the dude's chest at point blank range.

I have not seen this. :?

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 12:21 pm
by donia
tombstone wrote:
Smoke68 wrote:[Ersland walked back in his store where the thief lay shot and incapacitated. Then he reloads and puts 5 bullets in the dude's chest at point blank range.

I have not seen this. :?

from the article above (huffington post):

When Ersland stepped back inside the store, he retrieved a Kel-Tec .380 from a nearby drawer and shot Parker five more times. The shooting occurred off camera, so Parker's posture at the time remains unclear

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 1:27 pm
by tombstone
donia wrote:
tombstone wrote:
Smoke68 wrote:[Ersland walked back in his store where the thief lay shot and incapacitated. Then he reloads and puts 5 bullets in the dude's chest at point blank range.

I have not seen this. :?

from the article above (huffington post):

When Ersland stepped back inside the store, he retrieved a Kel-Tec .380 from a nearby drawer and shot Parker five more times. The shooting occurred off camera, so Parker's posture at the time remains unclear

eesh :shock: I do imagine that would be a little hard to defend

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 1:35 pm
by edub20
Seymore wrote:
munyoz70 wrote:DEATH PENALTY!!!!! and all this chit would stop!
With sentence carried out within 2 years. Appeal is fast tracked and you get only one if it is denied. Then it's off to the little white room for your date with the needle
Agreed!

Re: shipleys in starkville?

Posted: Thu Jun 02, 2011 2:09 pm
by fieldt76
Damn, I'm gonna have to clear the Starkville shipleys tactical style next time I need me a donut. Might even prep the building with a little supressive fire to be sure.