Adam Posted December 18, 2012 Posted December 18, 2012 I talked to a police officer and was stunned at my answer. Said that if he was the prosecutor, he goes with two counts of first degree murder.
ExiledInIllinois Posted December 19, 2012 Posted December 19, 2012 What's a "red brick rambler?" Well I know it is a house but, I never heard that term: rambler? Is that upper MidWest slang for: ranch? Interesting... I always find local words fascinating. I almost had people rolling on the floor laughing when I called the little things on top of a donut: Jimmies and NOT sprinkles. CHI is pretty much like BFLO but, this slip of mine was a dead giveaway that I was a "foreigner" in a new land! LoL...
TakeYouToTasker Posted December 19, 2012 Posted December 19, 2012 I talked to a police officer and was stunned at my answer. Said that if he was the prosecutor, he goes with two counts of first degree murder. Hence the separation between executive and judicial. Why does this shock you?
Fezmid Posted December 19, 2012 Author Posted December 19, 2012 What's a "red brick rambler?" Well I know it is a house but, I never heard that term: rambler? Is that upper MidWest slang for: ranch? Yes, it's the same as a ranch house, but I don't think it's slang. http://en.wikipedia.org/wiki/Ranch-style_house
ExiledInIllinois Posted December 19, 2012 Posted December 19, 2012 Yes, it's the same as a ranch house, but I don't think it's slang. http://en.wikipedia.org/wiki/Ranch-style_house Hey thanks! Just never heard that term... I figured it was a ranch...
Kevbeau Posted December 19, 2012 Posted December 19, 2012 Hey thanks! Just never heard that term... I figured it was a ranch... I'd always heard the term "New England Rambler." My understanding was that as the number of kids in the family increased, Dad would have to build additions onto the orginal structure. Guessing the siding probably didn't match the original.
ExiledInIllinois Posted December 19, 2012 Posted December 19, 2012 I'd always heard the term "New England Rambler." My understanding was that as the number of kids in the family increased, Dad would have to build additions onto the orginal structure. Guessing the siding probably didn't match the original. I think it is a cool term.. Rambler, that is to add-on and "ramble" around! Must be before the oppressive taxman was getting people for a "bigger footprint." ;-) ;-)
Fan in San Diego Posted December 25, 2012 Posted December 25, 2012 I would call both deaths 1st degree murder. He was laying in wait to kill the intruders. It was not self defense. He could have called 911 and fired warning shots to scare the intruders away.
Adam Posted December 25, 2012 Posted December 25, 2012 Hence the separation between executive and judicial. Why does this shock you? Probably because I don't 100% know the law and figured that everything would have to be planned ahead of time to be first degree. People sure are nuts.......
Nanker Posted December 26, 2012 Posted December 26, 2012 http://bountifulrambler.blogspot.com/2008/02/beautiful-red-brick-rambler.html http://2.bp.blogspot.com/_Z4AeVfCqsH0/TEYiaEOxuII/AAAAAAAAADM/uY1-0SUPFEE/s1600/Red+Rambler.bmp
ExiledInIllinois Posted December 26, 2012 Posted December 26, 2012 http://bountifulramb...ck-rambler.html Cool... You'd think the gas meter would be on the side of the house... Not smack dab in the middle near the driveway! ??
Rob's House Posted December 26, 2012 Posted December 26, 2012 I would call both deaths 1st degree murder. He was laying in wait to kill the intruders. It was not self defense. He could have called 911 and fired warning shots to scare the intruders away. I agree he should be in prison, but everything you just said is legally and functionally retarded. Start shooting warning shots in a basement? Lying in wait for burglars in your own house? Where this guy went wrong was switching from self-defense to execution mode. Had he taken each out with one or two quick shots each, we're not having this conversation.
Fan in San Diego Posted December 26, 2012 Posted December 26, 2012 I agree he should be in prison, but everything you just said is legally and functionally retarded. Start shooting warning shots in a basement? Lying in wait for burglars in your own house? Where this guy went wrong was switching from self-defense to execution mode. Had he taken each out with one or two quick shots each, we're not having this conversation. Did you read the updated article that details his actions that day? Read it and let me know if you still agree with your comments above.
3rdnlng Posted December 26, 2012 Posted December 26, 2012 Did you read the updated article that details his actions that day? Read it and let me know if you still agree with your comments above. While I agree with you concerning Mr. Smiths guilt and that he should be tried for murder (2nd degree)I can't fathom how anybody could call it premeditated. Premeditated would be like calling for Mitt Romney's murder like you did some time back.
ExiledInIllinois Posted December 27, 2012 Posted December 27, 2012 While I agree with you concerning Mr. Smiths guilt and that he should be tried for murder (2nd degree)I can't fathom how anybody could call it premeditated. Premeditated would be like calling for Mitt Romney's murder like you did some time back. I know you won't agree... I am not sure I really do also. Yet, say he saw the same two break into his house before. NOW, he laid in wait to get them back. Is that "premeditated selfdefense?" Whatever that might mean. He seems to have crossed the line. I am not against self-defense but, the doctrine of selfdefense does not include ambushing somebody and it of course the doctrine dose not give one carte blance to become judge, jury, and verdict by executing the other party...Even in one's own castle!
3rdnlng Posted December 27, 2012 Posted December 27, 2012 I know you won't agree... I am not sure I really do also. Yet, say he saw the same two break into his house before. NOW, he laid in wait to get them back. Is that "premeditated selfdefense?" Whatever that might mean. He seems to have crossed the line. I am not against self-defense but, the doctrine of selfdefense does not include ambushing somebody and it of course the doctrine dose not give one carte blance to become judge, jury, and verdict by executing the other party...Even in one's own castle! The guy exectuted them after he was out of danger. This by his own admission. He'll never be convicted of premeditated murder when the attackers entered into Smith's home. It would appear that he's guilty of 2nd degree murder.
Adam Posted December 27, 2012 Posted December 27, 2012 The guy exectuted them after he was out of danger. This by his own admission. He'll never be convicted of premeditated murder when the attackers entered into Smith's home. It would appear that he's guilty of 2nd degree murder. You could make an argument that he incapacitated the second one, then planned getting the second gun to finish her off. It could be construed as premeditated murder, but it would be difficult to convict.
Rob's House Posted December 27, 2012 Posted December 27, 2012 Did you read the updated article that details his actions that day? Read it and let me know if you still agree with your comments above. I think, therefore I do. I've been skeptical of this ass hole since the story broke, and I think he should be in prison. But this business of firing warning shots is !@#$ing stupid. When you have an intruder in your house you're supposed to "lie in wait." The best "warning shot is working the slide action on your 12 gauge. You've got the right conclusion on the guy, you just got there the wrong way.
Doc Posted December 27, 2012 Posted December 27, 2012 You could make an argument that he incapacitated the second one, then planned getting the second gun to finish her off. It could be construed as premeditated murder, but it would be difficult to convict. Not really. The first is self-defense but the 2nd one is Murder One. Probably get pleaded-down to Two.
3rdnlng Posted December 27, 2012 Posted December 27, 2012 Not really. The first is self-defense but the 2nd one is Murder One. Probably get pleaded-down to Two. Nope. He offed the first one after the guy was incapacitated. The second one was murdered but without preplanning, and is 2nd degree murder just like the first one. I wouldn't even venture to say this except that this was Smith's own statement.
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