Attempted murder trial. Unusual defense.

mako88sb · 09-19-13, 12:51 PM

Just wondering if this guys defense has been used before. Shortly before the incident, his ex-wife told him she was going to take him for everything he was worth. It quickly got ugly from there with the victim being chased, shot at and hit twice before neighbors intervened. The accused insists he only had blanks in his .44 magnum and that he wasn't aiming at the victim. He was just trying to scare her so he shouldn't be accused of attempted murder. I can't believe this guy would think anybody is going to buy that load of crap but I suppose stranger things have happened.

http://www.calgarysun.com/2013/09/17...ues-his-lawyer

09-19-13, 01:13 PM

If you are caught red-handed firing a gun at someone, a 'load of crap' defence may be the only one going...

Stealhead · 09-19-13, 03:34 PM

Might as well just plead guilty if that is the best you can come up with.

Bubblehead1980 · 09-20-13, 01:06 AM

All depends on his lawyer, if he has a trial lawyer who is good at BS and knows how to pick a jury, he could get a hung jury, not guilty even.Only takes one. Also, sounds like he was overcharged as prosecutors tend to do.

Spiced_Rum · 09-20-13, 01:20 AM

Quote:

Originally Posted by mako88sb

It quickly got ugly from there with the victim being chased, shot at and hit twice before neighbors stopped intervened. The accused insists he only had blanks in his .44 magnum and that he wasn't aiming at the victim. He was just trying to scare her so he shouldn't be accused of attempted murder.

If the victim was scared then he has a point. He could try the 'NRA defence', just needs to prove that he was normally a good shot down at the range and could have hit a moving target if he wanted to which could counter the attempted murder angle.

Platapus · 09-20-13, 07:43 AM

Quote:

Originally Posted by Spiced_Rum

If the victim was scared then he has a point. He could try the 'NRA defence', just needs to prove that he was normally a good shot down at the range and could have hit a moving target if he wanted to which could counter the attempted murder angle.

I think that would be a very hard defense to support.

I think all the prosecution needs to do is bring up the statistics of the number of people who have been killed, maimed, or injured by "blank ammunition" and the guy is going to go away for a while.

How would the defense prove that this guy was not aiming at the woman? I think there is a reasonable presumption that if someone shoots a gun at someone in anger, they intend to hit them, regardless of their actual ability to aim.

Not sure if the second degree murder charge will stick, but it sounds reasonable as an initial charge.

Does anyone know what the projectile range of a .44 mag blank round is?

We could ask Jon-Erik Hexum.

August · 09-20-13, 09:24 AM

Guess she really will take him for all he's worth...

Sailor Steve · 09-20-13, 09:50 AM

Quote:

Originally Posted by Platapus

Does anyone know what the projectile range of a .44 mag blank round is?

We could ask Jon-Erik Hexum.

Good one. I still remember that.

Jimbuna · 09-20-13, 09:55 AM

He's more chance of winning his state lottery (if they have one) six months in a row than getting off with that

Bubblehead1980 · 09-20-13, 10:02 AM

Quote:

Originally Posted by Platapus

I think that would be a very hard defense to support.

I think all the prosecution needs to do is bring up the statistics of the number of people who have been killed, maimed, or injured by "blank ammunition" and the guy is going to go away for a while.

How would the defense prove that this guy was not aiming at the woman? I think there is a reasonable presumption that if someone shoots a gun at someone in anger, they intend to hit them, regardless of their actual ability to aim.

Not sure if the second degree murder charge will stick, but it sounds reasonable as an initial charge.

Does anyone know what the projectile range of a .44 mag blank round is?

We could ask Jon-Erik Hexum.

Could argue intent, I have seen it work in attempted murder cases.Like I said, takes one juror to tank the case.Honestly, he should be charged with Aggravated Assault or whatever the equivalent charge is there, much stronger case than attempted murder.That is an attitude that needs to change among prosecutors, overcharging people is why Casey Anthony is free.Zimmerman is free because of this.While he should not have been charged at all, if they had went for a lesser charge, doubt he would he would have gotten a not guilty.

Platapus · 09-20-13, 10:05 AM

"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?"

Judge:

Bubblehead1980 · 09-20-13, 11:17 AM

[QUOTE=Platapus;2117037]"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?"

Judge:

[/QUOTE

I know how it sounds, but it has worked and with right jury in the box and attorney selling it, could see it work.Intent is a lot of the equation.Honestly, the man on trial knew he had blanks and could not kill her, he did not intend to kill her nor could he, he did break the law by aiming the weapon and discharging it, that is an assault and much more airtight case. Honestly, this akin to me striking you with a plastic bat in the head and being charged with attempted murder. People overreact when guns are involved.

For the fact the state is abusing it's poweer with an overzealous prosecution, I hope he is found not guilty or gets a hung jury.

Platapus · 09-20-13, 12:11 PM

You are absolutely right. It will be up to the jury and one really can't predict what juries will or won't do.

This crime took place in Canada. What are the handgun laws in Canada? I thought that it was rare that anyone could own handguns up there.

Schroeder · 09-20-13, 03:42 PM

Quote:

Originally Posted by Platapus

Does anyone know what the projectile range of a .44 mag blank round is?

I thought the idea of a blank was that it doesn't have a projectile.

Jimbuna · 09-20-13, 04:29 PM

A bit like a blank cheque....no value.

09-19-13, 12:51 PM	#1
mako88sb XO Join Date: Mar 2005 Location: Calgary, Canada Posts: 423 Downloads: 0 Uploads: 0	Attempted murder trial. Unusual defense. Just wondering if this guys defense has been used before. Shortly before the incident, his ex-wife told him she was going to take him for everything he was worth. It quickly got ugly from there with the victim being chased, shot at and hit twice before neighbors intervened. The accused insists he only had blanks in his .44 magnum and that he wasn't aiming at the victim. He was just trying to scare her so he shouldn't be accused of attempted murder. I can't believe this guy would think anybody is going to buy that load of crap but I suppose stranger things have happened. http://www.calgarysun.com/2013/09/17...ues-his-lawyer Last edited by mako88sb; 09-20-13 at 10:27 AM.

09-20-13, 09:24 AM	#7
August Wayfaring Stranger Join Date: Apr 2005 Location: Massachusetts Posts: 23,213 Downloads: 0 Uploads: 0	Guess she really will take him for all he's worth... __________________ Flanked by life and the funeral pyre. Putting on a show for you to see.

09-20-13, 09:55 AM	#9
Jimbuna Chief of the Boat Join Date: Feb 2006 Location: 250 metres below the surface Posts: 190,615 Downloads: 63 Uploads: 13	He's more chance of winning his state lottery (if they have one) six months in a row than getting off with that __________________ Wise men speak because they have something to say; Fools because they have to say something. Oh my God, not again!!

09-20-13, 10:05 AM	#11
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,380 Downloads: 63 Uploads: 0	"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?" Judge: __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

09-20-13, 12:11 PM	#13
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,380 Downloads: 63 Uploads: 0	You are absolutely right. It will be up to the jury and one really can't predict what juries will or won't do. This crime took place in Canada. What are the handgun laws in Canada? I thought that it was rare that anyone could own handguns up there. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

09-19-13, 01:13 PM	#2
AndyJWest Stowaway Posts: n/a Downloads: Uploads:	If you are caught red-handed firing a gun at someone, a 'load of crap' defence may be the only one going...

09-19-13, 03:34 PM	#3
Stealhead Navy Seal Join Date: Feb 2009 Location: Kentucky Posts: 5,421 Downloads: 85 Uploads: 0	Might as well just plead guilty if that is the best you can come up with.

09-20-13, 01:06 AM	#4
Bubblehead1980 Navy Seal Join Date: Apr 2009 Location: Florida USA Posts: 7,118 Downloads: 605 Uploads: 44	All depends on his lawyer, if he has a trial lawyer who is good at BS and knows how to pick a jury, he could get a hung jury, not guilty even.Only takes one. Also, sounds like he was overcharged as prosecutors tend to do.

09-20-13, 11:17 AM	#12
Bubblehead1980 Navy Seal Join Date: Apr 2009 Location: Florida USA Posts: 7,118 Downloads: 605 Uploads: 44	[QUOTE=Platapus;2117037]"Your honor, I hold a black belt in several martial arts. If I truly intended to beat my girlfriend to death, she would be dead. But, as you can see, she is still alive. Therefore, I think that the attempted murder charge should be dropped and a simple assault charge put in its place. Deal?" Judge: [/QUOTE I know how it sounds, but it has worked and with right jury in the box and attorney selling it, could see it work.Intent is a lot of the equation.Honestly, the man on trial knew he had blanks and could not kill her, he did not intend to kill her nor could he, he did break the law by aiming the weapon and discharging it, that is an assault and much more airtight case. Honestly, this akin to me striking you with a plastic bat in the head and being charged with attempted murder. People overreact when guns are involved. For the fact the state is abusing it's poweer with an overzealous prosecution, I hope he is found not guilty or gets a hung jury.

09-20-13, 04:29 PM	#15
Jimbuna Chief of the Boat Join Date: Feb 2006 Location: 250 metres below the surface Posts: 190,615 Downloads: 63 Uploads: 13	A bit like a blank cheque....no value. __________________ Wise men speak because they have something to say; Fools because they have to say something. Oh my God, not again!!