Man charged in road rage incident

**Gun** · November 5th, 2019, 08:02 AM

Originally Posted by Emptymag

How do you know that he flashed anything? Because the "victim" claimed he did?

I swear I never want any poofa members on the jury if I ever need to use a gun for self defense. LOL

Why did the defendant stop his car on a street, and then get out?

**Justin///M** · November 5th, 2019, 08:24 AM

Originally Posted by Emptymag

How do you know that he flashed anything? Because the "victim" claimed he did?

I swear I never want any poofa members on the jury if I ever need to use a gun for self defense. LOL

I don't want a jury trial ever. People are too stupid to serve on juries. And too stupid to vote for that matter.

**GunLawyer001** · November 5th, 2019, 08:26 AM

Originally Posted by Emptymag

How do you know that he flashed anything? Because the "victim" claimed he did?

I swear I never want any poofa members on the jury if I ever need to use a gun for self defense. LOL

As a matter of physical reality, if the complainant can identify the exact type of holster and gun that was under the alleged perp's shirt or jacket, then a jury can reasonably infer that he saw it.

Which is 1 of 2 possible reasons why the defendant would say that his shirt was tucked behind the holster.

If the complainant merely says "he waved a gun", and the police make the arrest and seize the gun and ask "was it this one?" and the whiner nods, then that means nothing. Lots of folks carry guns, and even if police don't find a gun on the accused, the complainant can say that he probably tossed it. It's fairly safe to lie and claim that you think he waved a gun at you. I never heard of a case where someone was prosecuted for perjury for lying about that.

Originally Posted by Gun

Why did the defendant stop his car on a street, and then get out?

This is the question that I've asked when road-raging assholes approached various of my clients, forcing my clients to display defensively and thereby avoid a fight. "What did the 'victim' plan to do within punching range of my client that he couldn't have done from sitting inside his own car with the window open?"

The police mindset is "the guy with the gun is the bad guy". In some jurisdictions, you can be outnumbered 5 to 1 by drunken thugs with histories of violence, but if you pull the gun to save yourself, you're the one arrested. Even if you both dial 911, even if you get your story in first.

I had some punk come at me with a baseball bat, while I had a loaded .45 in the car. What kept me out of trouble was that the punk never saw the gun, although he would have had a brief yet illuminating and noisy glimpse if he had shattered my window. I called 911 myself and followed him until police found us.

**Justin///M** · November 5th, 2019, 08:41 AM

Originally Posted by GunLawyer001

As a matter of physical reality, if the complainant can identify the exact type of holster and gun that was under the alleged perp's shirt or jacket, then a jury can reasonably infer that he saw it.

Which is 1 of 2 possible reasons why the defendant would say that his shirt was tucked behind the holster.

If the complainant merely says "he waved a gun", and the police make the arrest and seize the gun and ask "was it this one?" and the whiner nods, then that means nothing. Lots of folks carry guns, and even if police don't find a gun on the accused, the complainant can say that he probably tossed it. It's fairly safe to lie and claim that you think he waved a gun at you. I never heard of a case where someone was prosecuted for perjury for lying about that.

This is the question that I've asked when road-raging assholes approached various of my clients, forcing my clients to display defensively and thereby avoid a fight. "What did the 'victim' plan to do within punching range of my client that he couldn't have done from sitting inside his own car with the window open?"

The police mindset is "the guy with the gun is the bad guy". In some jurisdictions, you can be outnumbered 5 to 1 by drunken thugs with histories of violence, but if you pull the gun to save yourself, you're the one arrested. Even if you both dial 911, even if you get your story in first.

I had some punk come at me with a baseball bat, while I had a loaded .45 in the car. What kept me out of trouble was that the punk never saw the gun, although he would have had a brief yet illuminating and noisy glimpse if he had shattered my window. I called 911 myself and followed him until police found us.

The bolded can't be stated enough. The cops in my case literally said "You're the guy with the gun so you're going to have to go to court," even after they called a judge who said there was nothing to charge me with. And the timing of the 911 calls was an issue.

**bogey1** · November 5th, 2019, 01:31 PM

Originally Posted by raxar

Didn't someone post a thread about being involved in something similar to this the other day?

Yes, but he pulled his gun out, not just pulled his shirt up.

**alpacaheat** · November 5th, 2019, 01:48 PM

Originally Posted by bogey1

Yes, but he pulled his gun out, not just pulled his shirt up.

Go big or go home.

**Delkal** · November 5th, 2019, 07:04 PM

A LTCF is not a license to be an asshole. If you like getting into shouting matches with people and get a testosterone rush from showing people you have a handgun you do not want me on your jury.

But for just about about any other reason I would be your best friend in court.