Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Igel

(35,296 posts)
8. Marissa Davis is a bad poster child for anti-SYG purposes.
Mon Jul 22, 2013, 01:51 PM
Jul 2013

She violated the terms of her restraining order and went into the house of the man against whom she'd taken out the restraining order. She had no legal right to be where she was. SYG fails.

She left the house to go to her truck to get the gun and returned to where he was. She didn't stand her ground. She went back to reclaim it. SYG doesn't apply.

She fired a warning shot. That's not self defense. That apparently is illegal. Shoot at an aggressor or don't shoot.

She wasn't attacked. One claim is that the man and the kids were putting on their shoes. Regardless, she had no reasonable fear for her life. SYG doesn't apply.

She fired the warning shot at a wall. It ricocheted and hit the ceiling. It could have ricocheted and hit her kids. Or, if her aim was bad, since her kids were in the general direction of the wall, she could have just shot her own kids. That's reckless endangerment.

If he had pulled out a gun and shot her dead on the spot, he'd have walked during a pre-trial SYG hearing.

She was offered a plea bargain. The penalty was essentially time served for accepting a reduced charge. She didn't take it. There was no need for the trial, but she wanted it. Or found the plea bargain unacceptable.

Now, since this will be seen as attacking an innocent person with the facts or defending somebody irrelevant by pointing out her mistakes, I'll give the usual disclaimer: I think that the sentence imposed was excessive, but I also note that it was the minimum required under sentencing guidelines.

Latest Discussions»Issue Forums»Editorials & Other Articles»Good opinion piece re: gu...»Reply #8