And, he considers MB a good friend.
And, he has provided legal services to MB periodically over the course of 10 years.
MB contacted him in August of 2019 regarding the LK issues.
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You are wrong. In my state I only have to say I had a "reasonable belief "that my life was in danger from the trespasser. Stand your ground laws are active in many states. Some states have “stand your ground” laws. Others have “castle doctrine” laws.
In my state Indiana’s “Stand Your Ground” law provides, in part, that “[a] person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.” However, a person “is justified in using deadly force”, and does not have “a duty to retreat”, if the person “reasonably believes” that deadly force is “necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.”
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Possibly irrelevant but I once was stopped for the only speeding ticket I ever received in my life. As I was getting it, a raggedly dressed man walked by (on an interstate highway) with a long rifle mumbling to himself. Clearly not right. I politely pointed this out and asked the traffic cop if he was maybe going to do something about that, and he said that was so-and-so who is soft in the head, he does that all the time. ……? Insane people carry around guns more often than you think!
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If he wasn’t convicted, then apparently the jury found that it was in fact “legal” for him to shoot someone who was trespassing. (I vaguely recall hearing about that case, or one similar. The preponderance of evidence convinced the jury that the shooter was legitimately “in fear for their life or of great bodily harm.”)
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When I was a teenager we had a guy who carried a samurai sword. Well known by the police and openly carried all the time. He apparently had mental issues and needed the sword to protect himself.
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I can see how that would happen. Someone stumbles into your house late at night under the influence…that would be scary and it could have seemed like he was a threat. I personally would be pretty freaked out by a home intruder.
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Oooohhhh - this attorney had conversations with MB at the farm in late July of 2019. But he doesn’t recall any of the conversations happening in the locker area. And says there was no bench in the locker area. Most of he and MBs conversations took place in the lounge area/club room.
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He already had a bunch of guns. Stowing another one for safety with the multiple other guns make sense.
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Thank you for confirming this. This is the type of thing I’ve heard over and over again. So, in these cases, they need to discuss what the victim was doing in order to understand why the homeowner shot them. That contradicts the assertion that they cannot discuss anything about the victims here simply b/c they are victims.
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That’s not a contradiction. The trespassing alone does not allow you to shoot someone. If the trespasser threatens your life with the imminent use of unlawful force, that’s what allows you to use force in self defense, not the trespassing itself.
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The defense is now showing their brilliance. This lawyer doing the questioning is doing a fabulous job.
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LK was never present in the lounge area/club room during these conversations.
But by late July, early August of 2019, he became concerned LK had overheard his private conversations with MB because of LKs social media posts.
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Wrong again. As stated above, the shooter only has to believe something; the trespasser doesn’t have to have done it.
In either case, they discuss the activity of the trespasser.
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No, again, you are wrong. I posted the exact law. There is no burden to show that the trespasser is actively threatening my life with imminent use of unlawful force. I am in a stand your ground state, I only have to believe my life is in danger. I do not actually have to see someone threatening me with a weapon.
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COTH member TamarainTN’s husband was killed in just that manner.
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Ooooh. This witness (MBs friend and real estate lawyer) spoke directly with JK in August of 2019, negotiated an exit plan for LK. They actually identified a farm and trainer for LK to go to!
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Now that we have independent testimony of LK making statements of people’s private conversations in the clubhouse and office….
Let’s go back to the 2 guns FB post…
And let’s now reflect on some of IM’s statements about MHG and her child’s conversations…
https://forum.chronofhorse.com/t/barisone-criminal-case-update/767426/813?u=sdel
https://forum.chronofhorse.com/t/updated-barisone-lawsuit-10-29-21-post-851/762373/1316?u=sdel
And in light of the recent testimony from the young girl….for the record, I have no connection, but somehow it is libel to repeat a statement from a published legal filing….
https://forum.chronofhorse.com/t/barisone-trial-this-month/770123/2140?u=sdel
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Sidebar. Time to glug cranberry juice.
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What a awful tragedy that was.
Legally I don’t even have to testify that I believed my life was in danger to shoot a trespasser in my state. Stand your ground and Castle Doctrine laws are complicated.
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There’s an interesting nuance to the whole trespassing thing, based on my experiences many years ago with someone breaking into my apartment.
Everyone who came to talk to/counsel us about the incident (there was a lot of service provided: wealthy county, white college girls…) told us absolutely, positively that anyone entering a house/room with people sleeping could be presumed to intend you harm; that burglars and general thieves greatly preferred empty homes.
The cops also blithely assured us that if we had guns, we could absolutely shoot someone breaking in, they just asked that we make sure the body was inside before we called them; and that no one would prosecute young (white) women for shooting a man trying to break into their residence.
This was long before the stand your ground laws. I believe the castle doctrine did apply.
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