Stay off a Marine's lawn

[Nebor]

It's called a disparity of force. The old man felt threatened by the young man. The old man displayed a weapon as a deterrent. A 23 year old man struck a 69 year old man in the face. He then felt that, due to the previous assault, and due to his continued hostility towards him, his life was in danger. Bang.

If it were in Texas he would have walked free.

Also, when will the world learn, don't fuck with old people, they're too old and tired to fight, they'll just kill you.

 

[kevman]

White Marine > Hispanic Neighbor in court.

 

[thepd7]

i agree. If the marine in the OP did this, i don't think anyone would have an issue. The issue is the fact he felt he needed to jump straight to shooting the guy.

Hell.. he's a TRAINED MARINE. if he needed to shoot him... shoot him in the foot... the leg... the arm... ALL reasonable uses of force.

WHY did he need to shoot to kill. I haven't seen anything which indicated he was in mortal danger.

In Texas at least it's like someone mentioned, shooting to main is often illegal because it displays you did not have a "reasonable fear for your life", which the main standard for the use of lethal force.

It's called a disparity of force. The old man felt threatened by the young man. The old man displayed a weapon as a deterrent. A 23 year old man struck a 69 year old man in the face. He then felt that, due to the previous assault, and due to his continued hostility towards him, his life was in danger. Bang.

If it were in Texas he would have walked free.

Also, when will the world learn, don't fuck with old people, they're too old and tired to fight, they'll just kill you.

this

 

[eits]

I remember this story... it was really good. Clinton Eastwood was awesome in it.

Anyway, the judge is a fucked up geezer who didn't rule objectively.

 

[mcmilljb]

They don't mention the fighting (it's just alleged) in this article, but they say he shot the guy away from his house.

http://abcnews.go.com/US/WorldNews/lawn-murder-dog-urinated/story?id=10637683

 

[mcmilljb]

White Marine > Hispanic Neighbor in court.

The marine was black.

 

[Ricemarine]

Patricia Funches hopes to convince the village where her son lived to name the street after him. She also believes Funches should be forced to pay restitution for killing her son.

Not sure if serious...

 

[bommy261]

he should have at least served time for this... but that dumbass punched an armed person in the face.. u gotta pick and choose your battles.

 

[jlee]

I despise scumbag reporters. Regardless of whether you feel this was justified, the headline should read "23yo man shot and killed after assaulting 69yo during lawn dispute", or something similar. Instead, what do they write? "Probation for killing after dog pees on prize lawn
Chicago-area ex-Marine will do no jail time for second-degree murder in 2009 shooting "

Hell.. he's a TRAINED MARINE. if he needed to shoot him... shoot him in the foot... the leg... the arm... ALL reasonable uses of force.

WHY did he need to shoot to kill. I haven't seen anything which indicated he was in mortal danger.

All of the above = deadly force. You really should educate yourself before you start talking.

 

[guyver01]

All of the above = deadly force. You really should educate yourself before you start talking.

none of which would have killed him, which was my point

 

[TehMac]

What's wrong with that?

Suggests low class. Clearly this guy sounded to me like one of those bums with welfare checks.

Damn shame about his kids, but a dad like that who swears at a marine and punches him knowing full well he's armed sounds like a wife beater to me.

I wasn't there. The marine may be snapped, war does that to people.

The marine was black.

OWNED

 

[qliveur]

Anyway, since one of our resident boys in blue is here; what, in your professional opinion, would've been the right thing for the old man to do? It appears that he was being assaulted by a much younger man who knew he was armed and obviously didn't care.

 

[jlee]

none of which would have killed him, which was my point

Deadly force is force capable of causing death or serious bodily injury. There is no legal distinction between "deadly force" and "less deadly but still deadly force."

 

[guyver01]

Deadly force is force capable of causing death or serious bodily injury. There is no legal distinction between "deadly force" and "less deadly but still deadly force."

Very true... but i dont think we'd be having this argument about what should have happened, if the guy walked away with his arm or leg in a sling.

in fact... many people would probably say he got what he deserved.

i disagree with the people saying "he messed with an armed marine.. he deserved to die"

all i've read is he pushed and punched him... none of which warrant DEATH.
Serious injury? maybe
A beatdown? definitely.

 

[jlee]

Anyway, since one of our resident boys in blue is here; what, in your professional opinion, would've been the right thing for the old man to do? It appears that he was being assaulted by a much younger man who knew he was armed and obviously didn't care.

I'm not familiar with the use of force and self defense laws in his state, but typically a private person is legally justified in applying deadly force only when there is an imminent threat of death or serious bodily injury to himself or a third party (caused by an unlawful use of deadly force), and there is no option to safely retreat. If you feel your life is in danger and there's no safe way out, then deadly force should be justified to neutralize the threat.

The fact that the 23yo assaulted the 69yo even after a display of a firearm makes me think that he was behaving irrationally, was unpredictable and prone to violence. However, that alone isn't enough for me to feel comfortable passing judgement either way.

 

[Powermoloch]

Punching old marine w/ gun = death

23 yr old guy should seen it coming.

 

[qliveur]

The fact that the 23yo assaulted the 69yo even after a display of a firearm makes me think that he was behaving irrationally, was unpredictable and prone to violence. However, that alone isn't enough for me to feel comfortable passing judgement either way.

Yeah, we really don't have enough info to call it either way, but I have a feeling that the judge thought that there was at least some justification there, given the sentence.

 

[Freshgeardude]

the young guy assaulted an armed man.

the armed man shot back.


it wasnt an instant kill, they said he died later from the wounds.


how long is "later"? does anyone know?

it could have been a shot to the lower torso, a hip fire shot, and he could have died 5 days later from the injuries.

imo, self defense.

 

[jlee]

http://www.myfoxchicago.com/dpp/new...s-joshua-funches-shooting-puppy-lawn-20100603

Chicago - Charles Clements, the man charged with shooting his neighbor over a dog peeing on his lawn, is claiming self defense.

The incident happened May 9 in University Park.

Clements says his wife was backing out of their driveway when his neighbor, Joshua Funches, walked by with his puppy.

Clements says Funches swore at his wife.

Funches supposedly returned later, smiled at Clements, and then let the puppy do its business on the lawn.

Defense attorneys say Clements took that as a taunt and confronted Funches. They exchanged words and then Clements allegedly shot Funches.

Funches' wife calls Clements' version of events a lie.

Clements is charged with first degree murder.

http://www.chicagobreakingnews.com/2010/05/man-69-charged-south-suburban-fatal-shooting.html

Joshua Funches, a 23-year-old father of two, was walking his fox terrier Gucci in the 500 block of Landau Road on Sunday night when the dog lifted its leg and urinated on Clements' lawn, said Funches' mother Patricia, 53.

The two men began arguing, and at some point, Clements, a retired truck driver, pulled out a pistol and pointed it at Funches, a Crete-Monee High School graduate who drove a bus, said Will County Assistant State's Attorney Sondra Denmark.

Witnesses said Funches then said to Clements, "Next time you pull out a pistol, why don't you use it?" Denmark said. At that point, witnesses said they saw orange and white light and heard a loud noise. They saw Funches fall to the ground.

http://www.myfoxchicago.com/dpp/new...ation-joshua-funches-killed-dog-lawn-20101229

But Clements didn’t fire the weapon until after Funches cursed at him, then punched him in the face, according to testimony during his October trial.

Clements told police he shot Funches once in the abdomen because he feared the younger man would harm him.

 

[jlee]

doublepost.

Regardless, that's what I was able to find - nothing on date/time of death, but there does seem to be a bit more to this story than originally reported (surprised? didn't think so).

 

[guyver01]

Regardless, that's what I was able to find - nothing on date/time of death, but there does seem to be a bit more to this story than originally reported (surprised? didn't think so).

well... based on the info you posted...

dude was a dumbass.

Rule it Suicide by neighbor.

 

[RoloMather]

BOOM HEADSHOT!

errrr

BOOM Stomach shot!!!

Dumbass got shot and killed. Marine got what he deserves.

 

[borisvodofsky]

One less idiot, Semper Fi.

yea,, one less,, he already spawned 3 more fucking idiots,, or would be idiots now that they won't grow up with a father at all,,, oh well,,,, military needs fodder, :|,, i'm against this...

 

[Andrew111]

This old-timer had a history of verbally harassing people who looked at his precious lawn funny. I know I would be pissed if that old pansy started verbally harassing me because my dog pees on his stupid lawn. Dogs have a tendency to pee outdoors (duh) and it's hard to tell they're about to do it...unlike if it were to drop a turd. I don't condone assaulting the old man but lethal force? Come on...the guy should be in prison for a few years for killing another person because it was murder. And he better stop verbally harassing people over stupid stuff concerning his yard that nobody cares about but himself.

 

[sdifox]

This old-timer had a history of verbally harassing people who looked at his precious lawn funny. I know I would be pissed if that old pansy started verbally harassing me because my dog pees on his stupid lawn. Dogs have a tendency to pee outdoors (duh) and it's hard to tell they're about to do it...unlike if it were to drop a turd. I don't condone assaulting the old man but lethal force? Come on...the guy should be in prison for a few years for killing another person because it was murder. And he better stop verbally harassing people over stupid stuff concerning his yard that nobody cares about but himself.

Computer geeks are amateurs in OCD compared to competition lawn carers (no idea what you call it)...
In fact a movie was made about this...


http://www.imdb.com/title/tt0425112/