Updated barisone lawsuit 10/29/21 post 851

What’s the evidence that leads to think accidental? Multiple accidental shots?

3 Likes

I imagine wrong or right can only be determined by the exact circumstances of each and every case.

Laws are made to right some wrong. If there had been a case where an innocent was killed because they drunkenly went into the wrong apt (it happened) that COULD be the type of case that inspires such a law.

Let’s use our imaginations to consider different scenarios and how guilt might be assessed considering each set of circumstances.

Scenario #1:

Imagine two guys getting into a verbal thing. Give that fight enough juice and one dude pushes another. Then in an instant they are both rolling on the ground duking it out, the protective dog grabs MBs lower leg and does the head shake thing. MB is in shorts. LK jumps in where she can, on top of them, repeatedly bashing MB in the head with the phone. Whether by accident or because it was drawn to use, the gun discharges and LK catches 2 in the chest but not in a head on angle to kill her.

Scenario # 2:

MB rolls up in his truck, charges the patio screaming and goes to draw a gun and fire. RG runs out, deflects one shot. The dog dives in biting, but MB manages to sink 2 shots in.

Same elements of circumstances but with vastly different culpability. Scenario 2 is attempted murder. Scenario 1 is not.

11 Likes

What’s the evidence that he intended to shoot her over the dog that was attacking him. Yes, multiple shots are quick and easy to get off in an altercation and high adrenaline situation.

3 Likes

Not specific to this shooting, since we do not have the full story - but for someone who does not handle/discharge a firearm on regular occasion it can be very easy to fire multiple shots while under stress/attack/fighting. Different guns have very different trigger weights - you can have it made lighter/heavier to fire. This was also a semi auto handgun - you don’t have to load each bullet, or potentially cock the hammer between shots.

14 Likes

It is reasonable to believe he would have fired more shots if he could have if he went to murder them both, but instead apparently kept the gun under his body as RG was pummeling him on the ground. Police testimony at the last hearing was MB was face down on the ground with RG on top wrangling MB’s left arm when the police arrived. Must have been one hell of a fight in the 5+ minutes it took the first cops to arrive.

ETA To add a clause

4 Likes

Wow. That is an interesting detail……and without a shirt….

2 Likes

He was covering the gun MAYBE to keep anyone else or himself from being shot. MAYBE he had wrestled the gun away from another. That would be a helluva twist, eh?

17 Likes

Careful, you will be asked to show evidence!

Of course my opinion is as it always has been that he was attacked and was defending himself from all 3 attackers. No, I have no more evidence to prove my opinion than Rob Goodwin has to prove his sequence of events. Why hasn’t the person on the phone who heard it all come forward to corroborate RG’s story?

12 Likes

Maybe because what they heard doesn’t corroborate Robs story? Just a guess.

6 Likes

Or attorney/client privilege if it was her lawyer as has been speculated.

But wasn’t she lounging on the porch reading a novel? Where would a call with her attorney come into play if that is who she was speaking with?

4 Likes

Well if she was on the phone with anyone but police that sort of indicates she didn’t think she was about to be shot because I know if I was about to be shot that my ass would be on the phone with 911. I mean what would everyone else do?

If she didn’t think she was about to be shot that muddies the narrative he went there and pulled out a gun and started shooting, no?

I’m just hypothesizing here. Trying to imagine possibilities.

6 Likes

Keep in mind it is her words saying she beat MB about the head so hard she broke her phone…I wonder, before or after she was shot?

7 Likes

No. I never said anything like that. Just a fact that in most jurisdictions, judges frown upon illegally obtained evidence. So if the cameras were not legally installed and the recordings not legally obtained, then they likely won’t be admissible as evidence. New Jersey is a one party consent state with regard to audio recordings, so if I’m in NJ and I’m having a conversation with someone, I can record it without their consent. If I install a camera and record two other people having a conversation, that’s not legal unless one of them consented to the recording.

11 Likes

I’m guessing they were all rumbling together when the gun discharged - in that scenario.

5 Likes

Exactly! And MB may have had the presence of mind to put the gun in his right hand to protect it from RG getting it from him on the ground. (MB is left handed.)

5 Likes

Finally a voice of reason. Thank you!

1 Like

That’s THE question.

To repeat, did she beat him after she was shot… Multiple times, point blank, dead center mass, chest? Such that she required surgery, was in a coma…errr… No that’s unlikely.

So she beat her phone to pieces on him before she was shot? Wait… what?

13 Likes

If I had to imagine a most likely, but not necessarily THE scenario they were rumbling, she phone hit him and gun went boom.

But I easily could be wrong. Just close your eyes and picture how it might come to pass.

5 Likes

Evidence for yhe prosecution. But they could be evidence for the defense, about illegally obtained recordings.

4 Likes

I don’t know why they would want to bring those in unless they’re exculpatory.

1 Like