Archive for the ‘Stand Your Ground Law’ Category

Jugging victim shoots suspect during attempt to pull them over himself, Cedar Park police say – FOX 7 Austin

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The man called police to say he was following the car of people who had stolen money from him and was trying to stop the car near S. Lakeline Blvd. and Cypress Creek.

CEDAR PARK, Texas - The Cedar Park Police Department is investigating the shooting of a jugging suspect. Police said the victim shot the suspect while trying to pull them over on the road, himself.

The victim took matters into his own hands and an attorney said it was legal.

Jugging is when a suspect watches a victim withdraw money, follows them, and steals it from them.

The Cedar Park Police Department said thats what happened on April 10 when a man withdrew money from a Chase Bank and stopped at a gas station near S. Lakeline Blvd. and Cypress Creek. While he was inside, someone busted out his car window, stole the money, and took off.

Police said they got a call around 4 p.m. that the victim was following the suspects car and was trying to get them to pull over.

"I think somebody has the right to, to follow somebody and attempt to stop somebody who is stolen from them," Criminal Defense Attorney Sam Bassett said.

While tracking down the thieves, the man said they pulled out a gun, so he pulled out his and shot the other driver in the mouth.

"At what point could the use of deadly force be justified? It probably cant be justified simply to chase somebody down and shoot them because theyre fleeing the scene of a crime they committed," Bassett said.

But Bassett said because police said the suspects pointed a gun at the victim, that changes everything.

"You can certainly use deadly force if somebody's pointing a gun at you, and you have a reasonable belief that you could be uh seriously harmed or killed," Bassett said.

Investigators said the suspect who was shot drove to the hospital. Another suspect took a Lyft from Cedar Park to Houston where he was arrested, and the money was recovered.

Bassett said this case falls under the Texas Stand Your Ground Law which is the same law Governor Abbott is pointing to pardon Daniel Perry.

Perry was found guilty of murdering Black Lives Matter protester Garrett Foster back in 2020. The state claimed Perry intentionally drove into the crowd of protesters and killed Foster. The defense team claimed self-defense and said Foster was in a bladed tactical stance with his gun.

"So, it used to be, you would have to retreat unless you were in your home, you had a duty to try to retreat if it seemed like that could reasonably get you to safety. But that is no longer the law in Texas and in many states, so that's where the term stand your ground comes, you don't have a duty to retreat," Bassett said.

The jugging case is being investigated. No word on the suspects recovery.

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Jugging victim shoots suspect during attempt to pull them over himself, Cedar Park police say - FOX 7 Austin

CSotD: Time has come today The Daily Cartoonist – The Daily Cartoonist

Bruce MacKinnons cartoon would be funny if the guy in it were some obscure goofball prattling away about his own personal, paranoid fantasies in the corner of a neighborhood tavern at three in the afternoon.

Its not nearly so funny when the goofball is a former President of the United States with a significant following among voters and the slavish devotion of a major political party. When others pick up on his insane theories about the FBI and the Justice Department, were heading for serious trouble.

Conspiracy theories may be fun for disaffected college sophomores to kick around, but when influential conservatives begin to babble about local prosecutors they believe are backed by George Soros and start seeing communists behind every bush, its time to take them seriously, not in the sense of accepting their lunatic delusions but in the sense of working to deny them power.

You cant look for help from the Republican Party, who, after a flirtation with Ron DeSantis, seem to be turning back to Donald Trump, and backing draconian laws, as Ann Telnaes notes, to eliminate womens rights to make their own medical decisions.

The handmaids and their allies are fighting back, however, and weve already seen victories in Kansas and Wisconsin against those who would oppress them.

And, by the way, while I appreciate that Ed Hall is sympathetic to womens current plight, let me point out that the common image of cavemen dragging women off by their hair does not match anything Ive ever read or heard about hunter/gatherer societies.

Some were actually matriarchal, most were matrilinear and in all of them, women were respected and given significant power in decision-making.

Its only in relatively modern times that women became subservient. That may be, in Western culture, a matter of a few thousand years, but it is still reversible, and it starts in the voting booth.

We need to maintain the voting trend already seen in Kansas, in Michigan and in Wisconsin, and the fury of young reformers in Tennessee.

Prickly City (AMS) has been peeking behind the curtain lately, and more true conservatives need to begin rejecting dogmatic answers and party-line loyalty if they truly want to make America great again.

Antagonizing women over control of their bodies is bad strategy, and, while Kari Lake came within a hairs breadth of becoming governor and Elise Stefanik has morphed herself into Trumps Mini-Me, there are far more credible women rising through the ranks, at least on the other side of the aisle.

Theres also reason to hope, first of all in the rising anger over Pro Publicas revelations about Clarence Thomas and the billionaire who, Lalo Alcaraz (AMS) notes, has showered him with expensive privilege for a quarter of a century, but also in the fact that Pro Publica was able to uncover and make public the scandal.

And if Elon Musk is able to rouse the rabble with nonsensical accusations that NPR is corrupted by the one percent of its budget that comes from the federal government, the Dominion Voting Systems lawsuit still looks ready to take a great deal more than one percent of Rupert Murdochs vast fortune from him, with Smartmatic in the wings preparing to use the same information in their lawsuit against Fox.

Responsible mass media is facing challenges, certainly, but there are signs of it rising to those challenges, not only in NPRs ethical stance against Musk and Foxs apparent coming defeat in court, but in the rise of small, independent news organizations that are rising in communities around the country.

What would we know about the Uvalde murders if not for the incisive, independent Texas Tribune?

And speaking of Uvalde, there seems to be a rising insistence on doing something about guns.

The incredible, rising death toll is finally not going unnoticed, and both Judge and Murphy point, accurately to the problem of massive spending by the NRA not just to promote their ammosexual appeal to the public but to ensure a solid, faithful Republican base in national politics.

As noted before, I was a member of the NRA as a kid, before the Revolt at Cincinnati turned it from a gun-safety group into a gun-crazed Second Amendment lobbying group. I shot for badges and was part of a competitive rifle team.

But that was then and this is now, and Politico has a good history piece about how the NRA elevated a forgotten, outdated Second Amendment into a national, blood-soaked obsession.

As for that solid Republican support, Open Secrets shows that its no accident, and the NRA no longer even bothers to carry the fig leaf of claiming it supports both parties.

They know who will be hewers of their wood and drawers of their water, and they dont waste money trying to win over those who refuse to believe that drag queens and gay penguins are more dangerous for children than being blown to bits in their classrooms.

And who wont legislate as they are told to.

As Scott Stantis explains, its a matter of priorities.

However, if editors have the courage to run them, there are plenty of cartoons out there questioning that priority, and plenty of people willing to gather in places like Tennessees capitol building to try the matter with those well-compensated legislators.

Theres even a touch of good news in the bad news. Nick Anderson derides Texas Governor Greg Abbott for uncritically echoing Tucker Carlsons demand to pardon Daniel Perry, an Uber driver who drove into a BLM crowd, then shot and killed a demonstrator who was carrying an AK-47.

Abbott insists that the states Stand Your Ground law should override the jurys decision of a murder conviction.

The good news in this is that, by Abbotts logic, if you see someone open-carrying an assault rifle, you can legally shoot and kill him on the basis of the Stand Your Ground law, even if he hasnt threatened you with the gun.

Thats in Texas, mind you.

In Florida, you still have to check and make sure hes carrying a bag of Skittles.

HURRY UP PLEASE ITS TIMEHURRY UP PLEASE ITS TIMEGoonight Bill. Goonight Lou. Goonight May. Goonight.Ta ta. Goonight. Goonight.Good night, ladies, good night, sweet ladies, good night, good night.

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CSotD: Time has come today The Daily Cartoonist - The Daily Cartoonist

Daily Skimm: Abortion Pills, Leaked Documents, and Super Mario Bros – theSkimm

Whats doing some digging

The Justice Dept. Over the weekend, the DOJ said it launched an investigation to figure out how leaks of classified intelligence documents ended up on social media. As early as February, docs more than 100 of them detailing everything from the war efforts in Ukraine to assessments on China and the Middle East were posted on platforms like Twitter, Discord, and 4Chan. US officials said the documents appear real, though some numbers are wrong and some of the docs may have been altered. Its unclear how damaging this could all be,but the leaks exposed how the US spies on its allies as well as its adversaries. It also initially raised concerns ahead of an expected Ukrainian offensive this spring, but so far none of the docs appear to share major information about those plans. While some Ukrainian officials are pointing fingers at Russia as the culprit, the US is still looking into whos responsible with some officials reportedly speculating the source may have been American.

Oh and speaking of controversies on social media, Twitters labeled the BBC as government funded media on the platform, almost a week after it labeled NPR state-affiliated media. Both news orgs pointed out that they're editorially independent and not state-run.

Gov. Greg Abbott (R-TX). On Saturday, he called for the pardon of an Army sergeant convicted of murdering a Black Lives Matter protester. In 2020, Daniel Perry shot and killed 28-year-old Garrett Foster at an Austin demonstration, while driving an Uber near protesters. Perrys lawyers argued that Foster pointed an AK-47 at Perry and that hed shot Foster five times in self-defense. But prosecutors argued Perry had other options, including driving away. A jury convicted Perry of murder his sentencing is scheduled for tomorrow. Now, Abbotts saying Perry, who faces life in prison, should be pardoned under the states stand your ground law. The measure allows Texans to fire their weapon if they feel threatened. Now its up to a Texas parole board to issue a pardon recommendation for Perry. If that happens, Abbotts expected to sign it.

Iran. Over the weekend, Iranian police said theyve started to install cameras in public places to help them crack down on unveiled women. Reminder: last year, the police killing of Mahsa Amini led to nationwide protests against the countrys hijab law. While those protests have largely subsided, women have been openly defying the law, burning their hijabs and refusing to wear them. Now, police say the smart cameras will help them send a text message to violators, warning them against breaking the rules and reportedly threatening them with court proceedings.

Taylor Swifts moving on from the 1.

Jon Rahm.

The Super Mario Bros.

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Daily Skimm: Abortion Pills, Leaked Documents, and Super Mario Bros - theSkimm

U.S. Army sergeant found guilty of murder in 2020 shooting of Austin … – The Texas Tribune

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A Travis County jury found Army Sgt. Daniel Perry, 33, guilty of murder on Friday, almost three years after he shot and killed Austin protester Garrett Foster.

In 2021 Perry was indicted for murder, aggravated assault and deadly conduct charges for shooting Foster during a July 2020 protest in downtown Austin. The jury also found Perry not guilty of aggravated assault with a deadly weapon after deliberating for 17 hours Thursday and Friday following an eight-day trial.

The indictment came one year after Texans took to the streets to protest police brutality following the murder of George Floyd, a Black man killed by a white Minneapolis police officer in May 2020.

Foster attended an Austin protest on July 25 while Perry was downtown driving for Uber. According to police, Perry stopped his car and honked at people protesting while they walked through the street, blocks from the state Capitol. Seconds later, he drove his car into the crowd, police said.

Foster, who was a 28-year-old white man and an Air Force veteran, had been seen openly carrying an AK-47 rifle at the time, which is legal. There are conflicting accounts as to whether Foster raised the rifle to the driver first but seconds later Perry, who was also legally armed, shot and killed Foster and fled the area, police said. He called the police and reported what happened, claiming he shot in self defense after Foster aimed his weapon at him. Perry is also a white man.

The case sparked debates over Texas stand your ground law, which allows people to use deadly force against someone else if they feel they are in danger. But Perrys social media posts about retaliating against protesters raised questions about the shooters state of mind and his self-defense claim.

The stand your ground law prohibits an individual from arguing self-defense if they provoked a threat from someone else. Witnesses said that Perry seemed to drive threateningly into the crowd before shots were fired, and his actions seemed intentional.

Judge Clifford Brown said the sentencing hearing could happen as early as next Tuesday, the Austin American-Statesman reported. Perry faces at least five years in prison, but murder convictions can result in a life sentence in Texas.

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U.S. Army sergeant found guilty of murder in 2020 shooting of Austin ... - The Texas Tribune

Villager using Stand Your Ground defense in UPS golf cart delivery … – Villages-News

David Aaron Clement

A Villager is using a Stand Your Ground defense in a UPS golf cart holiday delivery dispute that ended in his arrest.

A motion hearing is set this week in the case of 57-year-old David Aaron Clement of the Village of Bonita. He was arrested in December while working as a golf cart delivery driver for UPS.

The UPS manager on Dec. 16 informed Clement the golf cart he had been using was going to be used by someone else and ordered Clement to get out of the vehicle, according to an arrest report from the Sumter County Sheriffs Office. Clement refused to exit the vehicle, prompting the 6 foot fall UPS manager to get into the golf cart and sit beside Clement, triggering an alleged altercation between the two men. Clement was arrested on a charge of battery.

He has since hired defense attorney Mark Conan, who earlier this year successfully defended a Villager who had been accused of battering a neighbor with whom he had a long-running feud.

Conan has filed a motion seeking dismissal of the case against Clement based on self-defense immunity.

In the motion, Conan claims it was the UPS manager, who was upset with Clement from an incident the previous day and was using a hostile tone, and body slammed Clement. The motion claims the body slam was the initial contact between the two men which eventually led to Clements arrest. Though the original arrest report said that witnesses corroborated the UPS managers version of events, Conan points out the UPS manager waited three hours after the alleged altercation before calling law enforcement.

In the motion, Conan argues that if a person is in a place they lawfully have a right to be and they are confronted with any type of force, deadly or not, the person no longer has a duty to retreat and can defend themselves with deadly force if necessary.

The motion is scheduled to be heard Thursday in Sumter County Court.

Floridas Stand Your Ground law came into the national spotlight in 2012 after George Zimmerman notoriously shot and killed teenager Trayvon Martin. Zimmerman was acquitted in the case. Stand Your Ground had been signed into law in 2005 by Gov. Jeb Bush. Thanks to the Zimmerman case, the legacy of Stand Your Ground dogged Bushs ill-fated 2016 run for the White House.

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Villager using Stand Your Ground defense in UPS golf cart delivery ... - Villages-News