Man shot in New Mexico at protest over statue of Spanish conquistador

[ZX9RCAM]

So, let me get this right, even if you assault someone first, as long as you are running away, then you can shoot and claim self defense?

 

[Hoji]

So, let me get this right, even if you assault someone first, as long as you are running away, then you can shoot and claim self defense?

As long as the other party is continuing to use or attempting to use force. Watching all 3 videos, it does not appear that the woman he shoved is involved in the deadly force attack on the shooter. He was mobbed and struck multiple times with a skateboard. I am of the opinion that if every single one of the attackers caught a round, they would all be justified.

 

[ZX9RCAM]

Seems like a real can of worms to me.

 

[oldag]

The complaint stated that a bystander's cellphone footage showed Baca defending the statue, then leaving the area and heading "toward the street interacting with the crowd." Shortly after that, an undercover detective saw members of what appeared to be the protest group chasing after Baca. Baca then tried to back away while using pepper spray to create distance between himself and the crowd, the witness said.

"The group appeared to maliciously pursue Steven, with several of the crowd's individuals striking Steven's body with their hands and legs," the report stated.

He allegedly was hit with a longboard by one of the protesters, while he tried to protect his head and body. When a second protester picked up the longboard and swung it at Steven's head a second time, that's when gunshots were heard, according to the complaint.

 

[DyeF9]

I didn't watch all the videos, but it didn't appear to me that he was in the wrong to use a firearm in self defense

 

[Hoji]

I didn't watch all the videos, but it didn't appear to me that he was in the wrong to use a firearm in self defense

Yeah, try this one.
https://mobile.twitter.com/SALIDmag/status/1272962710989307909?ref_src=twsrc^tfw

Edit - reading fail on my part. Failed to see the N’T on “Second didn’t “ oops

 

[ZX9RCAM]

Yeah, try this one.
https://mobile.twitter.com/SALIDmag/status/1272962710989307909?ref_src=twsrc^tfw

Edit - reading fail on my part. Failed to see the N’T on “did” oops

That video, by itself, shows that it would be a slam dunk self defense.

 

[Hoji]

That video, by itself, shows that it would be a slam dunk self defense.

The post I quoted I mis read. I read it as “It DID appear to be wrong to use his gun” reading fail on my part

As stated before, if every one of those aggressors were to catch a round, every round would have been justified in my opinion

 

[ZX9RCAM]

I'm still questioning, how the fact that he initiated the confrontation, will come in to play.

 

[DyeF9]

Even if I started yelling at the protestors, if they came at me in multiples while I was retreating and struck me several times then used a skate board for aggravated assault, I would have done the same thing and fired. It sounds like he even tried to use non-lethal, and utilized pepper spray.

 

[ZX9RCAM]

Even if I started yelling at the protestors, if they came at me in multiples while I was retreating and struck me several times then used a skate board for aggravated assault, I would have done the same thing and fired. It sounds like he even tried to use non-lethal, and utilized pepper spray.

You do realize that he threw a woman to the ground prior to being chased, correct?

 

[TX OMFS]

I'm still questioning, how the fact that he initiated the confrontation, will come in to play.

That will depend on NM law. In Texas it would not be a problem since he had clearly tried to run away and break from the confrontation.

 

[ZX9RCAM]

I have trouble wrapping my head around the fact that I could assault someone, then shoot them if they, or their friends, chased after me.

Not arguing, just thinking online....

 

[jeepinbanditrider]

I'm afraid this will continue to happen as long as there are butt-holes who want to erase our history. I have an great uncle who fought on the Confederate side and was wounded at the battle of Shiloh. We have a family cemetery that is listed with a Texas Historical Society and a monument plaque stating this.
Would I defend this, yes. I want my kids, grand-kids etc, etc, to know and be proud of what their ancestors did for our great country.

A great uncle? How old are you?

Sent from my SM-G892A using Tapatalk

 

[TX OMFS]

You can't shoot them if they chase you. You can shoot them if you clearly disengage and they create a new situation in which deadly force would be authorized.

In this situation the shooter was an idiot for getting involved and assaulting people. However, he clearly tried to leave and even showed that he had a weapon. The next idiot decided to attack anyway and won a prize.

 

[deemus]

If you have FB, search for: 10157549880544353

Its the video I tried to post earlier show the shooting up close.

 

[deemus]

You do realize that he threw a woman to the ground prior to being chased, correct?

Seemed that she may have been assaulting him. Throwing her arms at him, blocking his egress.

 

[DyeF9]

You do realize that he threw a woman to the ground prior to being chased, correct?

No, I didn't see that part of the video. Why did he do it though? Did she touch him first? I did not say he didn't do anything to warrant the crowd's anger, just that I don't fault him for using his weapon in self defense.

Is verbal instigation from the mob good enough for his defense to say they instigated the whole thing or is physical contact required for what the law declares as instigating?

Even so, I'm not sure pushing someone down is justifiable cause to try to beat someone with a skateboard to "make a citizen's arrest"

 

[ZX9RCAM]

You can't shoot them if they chase you. You can shoot them if you clearly disengage and they create a new situation in which deadly force would be authorized.

In this situation the shooter was an idiot for getting involved and assaulting people. However, he clearly tried to leave and even showed that he had a weapon. The next idiot decided to attack anyway and won a prize.

I went back and looked, this actually appears to be what happened.
It was the same ones that he ran from.

 

[TX OMFS]

The guy that got shot was still moving at the end of the brief video. Maybe he survived.

I searched. He is still alive & expected to survive. Oh, and the article refers to everyone as protesters. Rioters not mentioned. Destroying property that is not yours is a crime. It was a riot, not a protest.

https://www.koat.com/article/man-sh...-removal-of-onate-statue-in-old-town/32874448