snort. I remember a screenshot of a FB message from before the shooting, but I can’t seem to find it right now. If I do, I’ll post it later. It was curious in that it specifically talked about 3 bullets. I thought, no way that was a coincidence……
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There was such a post yes. She only needed 3 bullets.
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In the criminal trial, the finding that he was insane when he shot her does excuse him from criminal culpability.
In the civil case, she was undeniably injured by the gunshot wounds. If the jury in the civil case finds that he shot her, I don’t know whether a finding of insanity would excuse him from civil liability.
Also, if the issue of his having shot her is relitigated from the ground up in the civil case, Nagel may dispute the finding of his insanity.
The jury in the criminal case determined that he was insane when he shot her. They were not required to determine the cause of his insanity or LKs role in “pushing him over the edge”. It will be interesting to see if Barisone’s lawyers can prevail in making a case that LK “drove him to it”, as you believe.
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Thanks, Sparky.
Mr Bilinkas reads it to her here, as part of a series of posts she made before the shooting referencing weapons, but he does not give the exact date.
It’s all right around 44 minutes in.
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Even if it were somehow inexplicably established that MB fired the weapon the CIRCUMSTANCES of that weapon being fired counts. Self defense, accidental discharge etc.
There just isn’t enough evidence to that, and a ton of evidence against it.
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Don’t forget the sweetness of “I told you so” as we keep moving forward….
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To consider NGRI, the jury had to believe beyond a reasonable doubt that the prosecutor proved that a man had committed the act. @CurrentlyHorseless is correct. Your description, while close, is off base.
In regard to this one statement I would urge you to review the SM comments from sites outside of this. The overwhelming takeaway from those comments is most certainly aligned with LK driving him to it and MORE with many of those comments adding what those people would have done themselves in a way most unflattering to LKs position.
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You a lawyer? The charged was ATTEMPTED MURDER. An insane person is incapable of forming intent, therefore NGRI.
And I’m done with this.
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58:19 Any body language experts? RG squirms on the stand.
See Youtube link by ekat at around post 1347.
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It’s not a “this guy shot me and owes me money.” It’s a this guy shot me and I therefore have incurred medical bills and had pain and suffering plus lost training time in my hobby which I do for my career.”
Suppose it was established that MB brought the gun to the farmhouse (“just in case”, as in your scenario) and she was injured when it discharged accidentally.
Why isn’t MB still liable for her injuries for having brought the gun?
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That is true that the case I found did not involve negligence. I thought I read if intent was an element required of the negligence finding–a mentally insane defendant would not be liable for negligence
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It is more of a masterclass of twisting the written law to something far from what it means.
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If she was culpable for getting shot she gets zip.
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Because it may have discharged when SHE assaulted HIM.
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Conversely, he could have just intended to take it down with him never intending to use it at all and didn’t even check how many bullets were in it or even thought it was empty. (Not advisable but people do)
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The surgeon testified as to her thoracic injuries and loss of blood, the damage that was killing her and to which he was called ti repair for life saving issues.
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It actually doesn’t end up being cheaper. Aside from the convenience, the Talia prices for an 8-pack are cheaper than the local good restaurants in Los Angeles, especially when you factor in the regular coupon codes Talia emails.
A Talia pizza is $14.50 with NO coupon. A similar pizza at Mozza is $22 plus either a delivery fee for Postmates or gas to go and pick it up.
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