• refalo@programming.dev
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    4 months ago

    Mr. Warren was within his right to exit his vehicle and verbally challenge the manner in which Mr. Magnuson was addressing him," Gibbs’ memo reads.

    What the fuck. That is NOT self-defense.

    • chatokun@lemmy.dbzer0.com
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      4 months ago

      That’s not your definition of self-defense, but it fits many legal definitions. It says he left his vehicle to verbally challenge him. It also mentions he tried to deescalate via discussion:

      Witnesses said that Warren had attempted to discuss the matter before things became violent and that he appeared “exhausted.”

      He left his vehicle to discuss then the other man threw a punch, at which point he hit the guy back only only once. If someone is yelling and swearing at you, are you supposed to run? You can’t even attempt to talk it out or you lose your right to self defense?

    • Sidyctism@feddit.de
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      4 months ago

      The investigation found that Magnuson had acted aggressively, repeatedly taunting Warren with racial slurs and later punching Warren in an ensuing confrontation.

      A memo published by the prosecutor’s office says that Warren’s actions were “in kind” to Magnuson’s escalation. Witnesses said that Warren had attempted to discuss the matter before things became violent and that he appeared “exhausted.”

      Yes it is

      • refalo@programming.dev
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        4 months ago

        tit for tat is not a defense. he started it by getting out of the car to confront the man for no good reason.

        • phoenixz@lemmy.ca
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          4 months ago

          he started it

          Eeeeh, no? The other guy was hurling racist remarks at him. He went to confront the guy. That is not starting it, that is following up.

          Once the other guy delivered the first punch, the other guy started both the insults and the fight.

          • refalo@programming.dev
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            4 months ago

            he was exercising his free speech rights and you think that deserves death?

            following up

            when has that ever solved anything peacefully when the other person is yelling slurs? getting out of the car was the worst possible decision.

            • Madison420@lemmy.world
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              4 months ago

              Freedom of speech is not freedom from speech bud, don’t act like an asshole and not expect to be treated like an asshole.

        • frunch@lemmy.world
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          4 months ago

          He got out of the truck because the guy was flipping out at him, and chose to use racist insults to provoke him. A simple proverb that could have helped that racist fuck: don’t let your mouth write a check your ass can’t cash ✨

        • RememberTheApollo_@lemmy.world
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          4 months ago

          You’re not wrong. I never understand the stupidity of escalating a confrontation when a perfectly valid method of avoiding it like walking or driving away exists. Someone calls you a bad name over and over so you have the choice of a) getting out of your vehicle and opening up all kinds of possibilities for shit to go wrong, or b) leave, and nothing else happens.

          So this place is turning out to be just as bloodthirsty as Reddit, looking for fights instead of walking away and then saying FAFO as justification when someone dies. Life is so cheap for some.

    • Son_of_dad@lemmy.world
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      4 months ago

      It’s not about self defense. As long as you match, and don’t exceed the aggressor’s energy, you’re within your rights. If someone punches you, you can punch back but you can’t pile drive the guy, but you can hit back just as hard.

      The punch the FedEx driver threw wasn’t meant to be fatal and was an acceptable retaliation after being verbally abused, then physically assaulted. It’s not his fault the aggressor was glass Joe.

        • Promethiel@lemmy.world
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          4 months ago
          1. Retaliation has a meaning that does not have bearing here; mens rea for that cannot be established under the circumstances.

          2. Level of reciprocity in force has always mattered; at least we’re not under Hammurabi’s anymore.

          3. The prosecutor’s office in the referenced discussion disagrees with you and you are making claims and not arguments.

    • Boy of Soy@lemmy.world
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      4 months ago

      Unless you have been physically attacked or have a reasonable belief that you will be imminently attacked, physical violence is always unwarranted. Everyone arguing otherwise is a violent dumbass.

      • KairuByte@lemmy.dbzer0.com
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        4 months ago

        Cool so you agree that getting out of his vehicle to talk to the guy was alright, since there was no physical violence until the other individual threw the first punch.

        Glad we got that straightened out.