Communist got slapped because he went for patriots firearm. Left Narrative BTFO.
(media.patriots.win)
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Murder 2 all day. If articulated extremely well, possibly Murder 1.
I would think murder 2. My understanding minder one is he wanted to kill him before he arrived on scene. Murder two is you decide once you’ve arrived.
No. Generally (i.e. most states) 1st degree murder is murder without any immediate provocation before hand. This is also referred to has premeditated murder which then gets misconstrued as having had to plan it or think about doing it long before hand. In actuality premeditation could occur a split second before committing the murder. If someone had a gun and went to a store with no intention of killing someone and for whatever reason decides to pull out their gun and kill the person standing next to them...that is premeditated even though he didnt want to kill anyone before arriving and there was no provocation. If there is an adequate provocation such as a punch or catching your wife banging someone else etc then its classified under 2nd degree because there was an adequate provocation. Still murder but done out of passion from the provoking act. Manslaughter is usually an act that you know has a risk of causing death but you ignore the risk and do that thing anyway and it results in a death (Running a stop sign and killing someone in the other car). Thus ends our lesson on degrees of murder.
Okay, that makes sense. Thanks for the clarification!
He initiated the conflict in order to provoke a response (the slap) so that when he employed deadly force, he could claim self defense. That’s instigation, which negates self defense, and premeditation, which constitutes first degree murder.
Makes sense. Thanks!
Never go for the one that is harder to prove.
Ask Casey Anthony.
I feel they can prove this one. I’ve investigated many cases and I feel with the right explanation of facts, based on what’s present, a competent prosecutor could make a valid argument for 1st. I’d personally have charged 2nd, but I don’t gamble on charging.
Looking at this, and considering the fact that concealed carry individuals are required to defend their weapons. I think a strong enough argument could be made that the shooter was afraid of being incapacitated by the gas, to keep a murder 1 charge from sticking easily. If there was audio of the encounter, what they said to each other could also be very important.
Murder 2 all day long though. The shooter initiated the conflict, and had an opportunity to retreat after being slapped, but chose not to. The fact that they were able to aim well enough for a head shot even though the gas was being sprayed in their direction means they were far enough out of range at the time of the shooting to avoid the worst of the spray, and was not visually impaired to the point that disengaging would be more dangerous than standing their ground.