Maybe if the Thompson's shot him. But choking out a man with every opportunity to stop does not constitute subduing a threat. Which brings up a good point. If you want to kill someone and use self defense as way to get out of it, use a gun. It's fast and people probably won't be able to record you doing it for 2 whole minutes.
Agreed. With the recording and eye witnesses saying he continued to choke out the guy while he was passed out and limp I would say it's murder. No reason to continue choking him to death while he's no longer a threat.
You have to prove that he intended to kill him and given that they were calling the police, it's going to be pretty much impossible to do so. The case they'll make is that his intention was only to restrain him until on duty police arrived to arrest the man for public urination, indecent exposure, and assault. Now if they were charging him with manslaughter, they would have a much easier time proving that he (or a reasonable person) should have known that his actions would or could be fatal. Charging him with murder is not much different than just letting him go free.
Sure that was probably a factor, but the defense for that was that the drunk man had already attacked once so the guy didn't feel like he should let him up until police arrived to prevent him from being able to attack again. His argument will be that he didn't intend on killing him and his defense team will call in experts to argue that chest compression had more to do with the guy dying than choking which would help the defense that it was just an accident. The guy should have never gotten involved in the first place, but if they can prove the drunk guy attacked first, they've almost certainly got a get out of jail free card.
Who, other than the accused murderers, is saying that Hernandez was the attacker? Do you have a link maybe?
No clue, that's just the story that has been reported, I'm sure we'll find out for sure who says what happened during the trial. I haven't heard any version of the events other than that so right now I have no reason to doubt that's what happened. The guy was in the parking drunk as hell with his dick out, some people said something to him about it, he made an attempt at attacking them and got restrained which eventually led to his death. If I hear a different version of the story, I'll take it into consideration.
Agreed. I think everything was justifiable up to the point where the peeing guy was already on the ground, turning purple, and squirming his legs as he was gasping his last breathes of life. The husband kept laying on top and choking, the wife/sheriff kept pinning one arm with her knee, and their daughter and boyfriend (?) stood guard and tried to prevent people from recording. It went from justifiable defense to murder. The Denny's employees were screaming and the cops didn't show up until 40 minutes later (according to the Denny's employees interviewed on the local Houston news). This was just amateur hour from the wife/sheriff, her family, and the local cops. Idiots.
Well, here is what I found at channel 13 website. The accused murderers attorney is saying that Hernandez was the aggressor, but investigators say that it is unclear who initiated the confrontation. So, I don't know if the accused murderers attorney is the one I would believe if that's who you are referring to. The investigators say it is unclear who initiated the confrontation. Maybe you should take that into consideration. Like I have said, the grand jury has heard a lot more than we have heard, and now two people are charged with murder. http://abc13.com/news/timeline-of-deadly-dennys-altercation/2068295/
Like I said though, the ONLY story I've heard is that the drunk guy with his dick out was the one to throw a punch. If there's another version of the story I haven't heard it and even if there isn't another version of the story, the prosecutor wouldn't admit to it because it would undermine their case and that's absolutely not something he'd let a grand jury know about. When you are bringing a case before a grand jury you are almost never going to give them both sides of the story, you are almost always just going to bring forward evidence that would lead towards an indictment and leave everything else out. So while the grand jury has possibly heard more than we have, they've only been given the narrative the prosecutor has wanted to advance. Anyway, I don't think this will take that long to play out so we might as well wait for it just like the case involving the cop that shot the guy on PCP in Oklahoma. Many here thought that was "murder" and they certainly convinced a grand jury to proceed with the case which was over in a heartbeat with a not guilty verdict. I think something similar likely happens here.
Ok, where did you hear the ONLY story? Where did you hear it. I just gave you a link to a story that says "investigators" are unclear who initiated the confrontation. Where is this story you keep talking about? Who is it coming from?
We know who initiated it, the dad/husband did. The dude wasn't mid-stream starting **** with a dad and his kids. We also know who took it too far... and I'll let you in on a secret, it wasn't the guy who is dead. We may not know who escalated it, but the authorities do. They withhold information from the public about active investigations all of the time. There were witnesses and cameras - they wouldn't have charged them if there wasn't strong evidence.
I've "heard" that story in every article I've read on the issue. It's the only story out there. Anyway, feel free to keep hope alive that they'll string this guy up but you really should know that it probably won't happen because he has a valid defense even if you wish that weren't the case.
Yes I am. My point is, white guys tend to get treated leniently when killing brown guys. I'd even say, some white guys kinda feel it is their privilege to do so.
It's not the only story out there. I gave you a link to the story that said the investigators said it was unclear who initiated the confrontation. I guess you didn't read it. Give me some links to these articles you have read. I've heard the attorneys for the accused murderers claim Hernandez was the aggressor, but I haven't heard that from witnesses at the scene. The investigators said it was unclear, so I want to read these stories that you have read. Can you give me one link? Is that too much to ask? Maybe you are misremembering something.
That's not a different story though, that's saying that a group of people said it was "unclear" early in an investigation and meanwhile all that anyone is saying is that the drunk guy with his dick out through the first punch. I'm honestly not sure why this is such a big deal to you but like I said, feel free to hold out hope that there will be a lynching all you like.
I don't want there to be a lynching, so just stop saying that crap. Listen up. All I'm trying to determine is if anyone other than the accused murderers or their attorneys are claiming that Hernandez was the one that initiated the confrontation. So, it appears to me the only people claiming Hernandez was the aggressor at this point is the accused murderers and their attorneys. If you have a link to an article stating other witnesses agree with the accused murderers, then please post it.
If that is the case, would it change anything? If no one else saw the start of it would your assumption be that they are lying? The point is that the only story out there is that one no matter which witness it is saying it. Until there is a different version of the story you can't assume it's wrong. Well you can, but it just shows your bias.
There is no only story. The only objective source which are the investigators stated explcitly that it's "unclear". You are taking the word of an obvious biased narrative from the defendant's attorney over the investigators'. For some reason I already knew which side you would ademently defend before clicking.
He isn't going to wait for all the facts. That's how he is trained. Listen to the accused just like Zimmerman. Just look at my sig. I feel sorry for bobby. I wish I could buy him a beer and chill with him.
