WWL>Topics>>1-17-17 Scoot 2pm- When is it right for you to shoot someone on your property?

1-17-17 Scoot 2pm- When is it right for you to shoot someone on your property?

Jan 17, 2017|

A Slidell homeowner shot and killed a man he said was acting “erratically” in his front yard. This once again raises the question of when you can shoot someone. We talk with Dave Newman of NOLA Concealed Carry and Robert Jenkins - Defense attorney.

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Automatically Generated Transcript (may not be 100% accurate)

And we go like going on this afternoon so let's just get right back to it too we've been talking about to whether or not you think Donald Trump is a legitimate president. This comes from congressman John Lewis Democrat from my Georgia saying in an interview with Chuck Todd on. On to beat the press over the weekend that Donald Trump is not illegitimate president because Russia medal in the election. Now the experts have said. That it doesn't appear to see if they can find anything. That led Russia to altering the outcome of the election. And so Lewis said he's not gonna go to the inauguration is gonna boycotted Friday and he said this is the first time he's gonna do that. Well that was a mistake because Lewis did boycotts George W Bush's inauguration in 2001. And said he did not we see bush as the true president because of the outcome of the election itself. You know you really can't. You can't just go to the inaugurations where you agree with the outcome of the election I mean that's just being on a poor loser. I guess if the he boycotted bush in 2001. Did he go to bush in 2004 or would have been against technically 2005 but it seems like is Tennessee to boycott Republicans were elected. And I Democrats. Now I thought Donald Trump went a little far when he said that. That John Lewis is somebody who's all talk no action or results. However there's a lot going on today that needs his attention that he's everybody's attention. We've also been talking about a Louisiana congressman Cedric Richmond. Who said that Donald Trump must heal the racial divide and I just don't see how you can put that responsibility on Donald Trump. Any more than you can totally blame Barack Obama for the racial divide we have in this country. I saw the movie hidden figures over the weekend its had a toward the box office today. And it was incredible. I love it as a movie about American fan and American now. We'll talk about it coming up in the next hour but it really does talked a lot on what we're talking about now. I went into the conversation the story about the Slidell homeowner shot and killed a man. Who was acting erratically in his front yard. This once again race is the question about wind is it right to shoot somebody. A day do we joins us he's the owner of Nolan concealed carry a daybook of the show. Our pick your concealed carry no I'm sorry concealed carry no OK. Dave when you couldn't hit the short no there isn't this a lot that we don't know we don't know what erratic means. What's the first thing that comes your mind as somebody who is trained in this area what's something comes to your mind. Well I mean like you that we don't know enough. And that could be a lot. A lot of and determine. Whether this was justifiable. Because we always hear the parade you're fearful. Now Tom. What that fear reasonable is mock court and her determination. Is going to be. What was his erratic behavior did your your reasonable. Now what we used the word reasonable. Would that word. And have become the standard that net where the reasonable man. And I would think that there might be an extra. Added burden because it happened in his yard. Burden on who we're gonna home. Right it that way if it's not in his house that got what and forcing your way to correct. The law specified that talk about forcible entry a lot. And the that you support statute or 1419 and our working whiny. So it beat in the front yard and it's not permit video on GB. Powdered milk and yard. Just as someone on your property doesn't mean you have the right did you shoot them. So you app. Have to applaud at reasonable man Peter what is your reasonable or not. And that usually means that the person. It was an immediate. Rather dapper grave bodily harm ya the yourself or to another in its and party. And that there was no wait for you to get it was a it was clear president need not affordable for. We'll find out more later and dysentery sheriff Randy Smith is holding a press conference at 3 o'clock this afternoon so we'll find out more about this. This case even though there's a lot it's not known Dave. On what is known is that there is an ongoing question about. When has it right to shoot somebody and you know in the in the course of doing this show we talked about so many people in one name comes to mind recently and I think is English Charles Dunn. In Jacksonville Florida he said he was fearing for his life so we shot and killed a seventeen year old black male he was a white guy. And he told him due to turn down their their stereo in their their vehicle and he's he he left the vehicle he was he was dis respected by them. He left that vehicle went to his vehicle retrieved his gun and then went back and shot the guy he was not able to prove that his life was in danger. You can choose someone to punish them so the fact that he lay out what he went you know in his first secret from the tellem deterrent radio. Then he goes back to his vehicle while at that time to go back to your vehicle retrieval are are. And then go back towards the quote unquote person you thought would be correct then. That that leads to. So therefore you're mine that was that you're going back to punished is agriculture angry and cheap to army shoot two under so. Against eight re against you not to go back on some. And even though it's a little bit different it's still even assay for police officers they're not supposed to regret seek prevention and kills a vice supposed to be just strictly for self defense. And the day the recent shootings of the states a player for overseas player Will Smith in the former NFL player from the West Bank at Celtic tonight. Raise questions about again. When your life is really threatened what is it that you. What's something that every gun owners should keep in mind first of all they shall take your course but if you don't take your course what's the one thing that you would tell them to keep in mind if they haven't gone. And he comes down to this point where. I need to know what they're not to shoot. Well I'd like I mean even if you don't get into you know specifically like court which unique equaled 22 which cover courses. You should applaud at reasonable man standard applied to stir. And that that means that you have to be clear president immediate threat. Do you agree but league arm. And and it did not bat that you shouldn't be shooting should be moving. You don't have the right to stand your ground to stand your ground. And injured ground claw of the last year spent the first paragraphs. We're the like to stand grounded meet force with force if you're not meeting force with force your escalating force. And airport becomes glory. And they basically you're being the aggressor in the locker could claim itself. Dave I I thought there was something that stipulated didn't in our stand your ground law here in Louisiana that you EU didn't have to retreat. You don't think you're the back or retreat against you in determining the reason okay. That's what it means. It doesn't saying that you have to retreat. But know that the that they can't use retreat again actually determining if that was bad we Coke to what is the word or ultimately does like that to the reasonable. So in defending yourself there there could be questions it doesn't mean you shouldn't defend yourself but it also means that. With all the rhetoric that surrounds you know we need guns because of violent world we live in all you need is a god everybody needs to be packet. That that rhetoric cut has obviously led to some people being overly aggressive with their guns. Agree with that now but don't gone. Off course and of course I'm not saying you are dissing people do it that Asia Africa as. It's not a good kind of an inanimate not run in the group of good people are good. Guns in the hands of people that are not good people that Tibet. They are in the hands of some bodies that person is quote. It all right Dave with carry a concealed carry Nolan date thanks treatments. Aren't. If you rejoice for the comment on numbers 2601 a seventy Enrico final four to 60187. Tex embassy Saturday seventy. Have you ever pulled out a gun has it ever got to the point where you at least touched you're going. In some situation. Are you glad he didn't pull the trigger. I'm not telling people to hesitate if they have to pull the trigger. But this case in Slidell just reminds us that there is a right time in a wrong time. To shoot somebody. And if you shoot somebody. And you're not being attacked there is possibility that you're gonna have to answer questions whether you like that or not. I don't make the laws but that's the law. Number 2601878. Text 87870. I scoots and we'll be right back in WL. Once again the question is sound being raised to win is at the right time to shoot somebody and we'll find out more this afternoon when saint Tammany parish sheriff Randy Smith holds a press conference. Scheduled for 4 o'clock this afternoon of course we'll have the latest information on our website at WW real dot com. And assure posted on our FaceBook page to be appeal radio as well and we may be talking about the information comes out on our show tomorrow afternoon. On they have told us that a 22 year old boy shot and killed a Slidell homeowner. Shot and killed this man who he said was acting erratically in his front yard. And the the erratic behavior may have been such that. It was a threat if that's the case well then. Everything's fine as far as I know there have been no arrests but the investigation does continue. However if the erratic behavior. Was not. An actual threat. Then. Then he he he he might have problems justifying shooting. And killing somebody. So. Once again if you haven't gone. You need to know when when to use it have you ever pulled out a reef and have you ever reached for your garden. When something happens fewer tourists in the comment on numbers 2601. In seven. Every coach final four to 60 when he seven. Text numbers 87870. And have rubber chickens is a defense attorney joins us alive under the WL Robert welcome to the show. I'm good bit so much we don't know but it is when you talk about a case like this in general what's the first thing that comes to your marked. Well firstly that cut from artists or so the sense of whether or not all ball more active or actually the that's what they look at. The fact that he has not been arrested. Me tibia evidence that supports this position the make up my on the name of the well. I just happened just after midnight and I again I'm not sure there were witnesses have me argument left her to wait to see the disk. This would be an indication that at this point they don't have the evidence to arrest him but kind of like in the case with that with Joseph McKnight. I've there was a lot of outcry because the suspect was arrested right away but it turned out that he was arrested. Well yeah you'd be at parties the opportunity to do an investigation that. Just to the Chinese have taken the statement probably. All the honor and in looking at programs that meeting went in that that was shot that it that it may that Saturday they ought. So to take it kinda look at what has actually we. Robert der lot of people who have guns and you know I'm the I'm a supporter of the Second Amendment time supporter of gun is I don't think a gun control laws are going to. Make the world safer because unfortunately of wrong people have guns but since a lot of people do have guns. There might be some people who are. Quicker than others to think that they have a right to shoot and kill and there seems to be this bravado. That runs through on some gun owners in America about well I've got a gun not Killy. What advice would you give to them as a defense attorney. One of the things is that you have to act reasonably analyst you don't like the danger some great. App that you your family you can't have that weapon. And if you do that be a consequence. We opened the people who say that what it takes. That he lubricant about cars. Beating caught in the a little bit but he is he can't fire because of the property. But watching lakes in most important on all you in Eugene in port but that is corporate in the car you can't assume that. Now as a as a defense attorney if you were defending somebody you know I'm not gonna make it specific to this situation but if you were if you were defending somebody who. Said somebody was acting erratically. And obviously the prosecution might say well it was erratic party boss in a threat to your life. What are some of the things that you might you might bring up because I would think that that. That idea that it's a threat to your life is kind of an intangible within the person. Our level that you are there any other people went home that her and so aptly if they needed neighbors came out element of that to bring the fact that they saw the guy. Trying to attract more clients are they heard him in north that it would attacking at that age you look at his background. The seat he had proposed to do about it is that our but initially you look at what he did that the cause that the part of what. I'd Robert. Hi if you rejoice for the comment on numbers 2601 point seven in tech state seventy said the Curtis welcome to our show this afternoon. Any way to go I'm good. Oil that we in the loop you know. Force could have been situation whipping about it. I. So it will only get it done. Vehicle got a weapon. At let people comment. In the ability to assess its way. Okay. The world to take them lightly in that situation world. Are you should you what you were told somebody was gonna get a gun can you tell me a little more about that. Yeah. I was working. If security is in all the social store it. I'd go to court at Wimbledon is its. In you'll too but they do. And he did in eight years something foreign. That album American American that it. And when someone like that means they're going to get a five. It got it going drove up I draw my weapon and I would be able to as a witness that basically it was blowing up all that anyone wouldn't comment that would have killed one. It sounds to me like if under those circumstances if you would've shot in the united had every right to shoot him. He jumps out of the car it was he was he coming at you. It. I think I think you would and if he didn't have a gun and like you did shoot it sounds like you might have been justified in that case. Oh words overall income from below what community as well. And if it was certifiable justify them know we make it right. And I and I understand Princeton. Yeah the people you dial boring. End. Figure that they're not only flight from the situation here let like green whatever. You know there are there a lot of people who who don't want to lose their rap so that's why they shoot. Exit. It. Cut them prod in India and I. Think the big or there and to kill him. That's so true but society doesn't celebrate dead earnest I've I appreciate what you did appreciate you sharing historically to our listeners. If you're Arnold stay witness if you wanna join us with a comment on numbers 2601878. Area code 5042601878. Or text. Is he 77 he also we've been talking about the boycott from congressman John Lewis he's not going to be a trumps inauguration on Friday it's a protest. I and that has led to a conversation about things like black entertainment television. I figured out how to explain the difference between BT and Y entertainment today we'll get into that coming up. It was not always time to get a gun and that that's not an easy fix to the problems and I I I get it checked every time this topic comes up I'll get text from people who say. Skewed don't you wish you have would have had gone when you were attacked by four people in the CBD 4 o'clock in the morning. And no I don't. Because. If I would have shot. To stop it from happening. I would have had to shoot so soon. That they would be questions whether or not my life perspective. If I would've shot one of those guys. One the other guys could have been witnesses said hey man my friend just bumped into the sky he pulled out a gun and shot him dead or grab your street. I would be trumped. Now I never felt like my life was threatened even though they were. They were beating me and I was on the ground but I thought I might end up in the emergency room which I got I didn't put too I just on my life was threatened but you know he's just. It's just important to know. Wind and how to use a gun. And and if you you do you don't then you set yourself up to to have a problem here's a text that says. The question is was the man trying to break in the house were trying to set the house on fire or shooting at the house. If not you call the police and don't confront that's protecting yourself. I don't want you to get in trouble for. Doing something just because I mean you have a right to to keep and bear arms ship for right to carry guns and this is an open carry state. You might have concealed carry permit you have a right to do all that I'm like pushing any of that. But you do ST to be very certain when you decide to shoot everybody needs to be trained and not everybody has shown is strength and it. If you do rejoice with comic this afternoon our numbers 260. 1878. Every coach 5042601. Ace every taxi 77 he could also be talking about the of the protest with our representative John Lewis. On a civil rights icon no question about it. But he's going to boycotts. By not attending trust inauguration on Friday here's what he said on NBC's Meet the Press a. Think there was a conspiracy. On the part of the Russians. And others. Couldn't help him get elected that's right that's not fan. That's not. It was open democratic process. What's interesting is that there seems to be absolutely zero evidence. That's. What the Russians did or may have done. Swayed the election. There's not at this point there's not a shred of evidence that it directly affected the outcome of the election. And even Donna Brazile who is so I believe she's still head of the DNC I don't think she's gonna remain head of the DNC. Because this of controversies with her during the addict to campaign. But she even said as many Democrats have said. The Democrats need to take a look at their message they need to take a look at how they communicate their message to people. Yesterday was Martin Luther King Jr. day federal holiday and have ordered king the third born with the king junior's son that was Donald Trump the trump towers. And we're talking about what his father would have wondered here's a part of what he had to say after the meeting with top. I think my father would be very concerned about the fact that they've 5060 million people living in poverty and somehow we've got to create a climate. War all hopes to be lifted. And I was really bothered when our congressman from Louisiana-Pacific Richmond sad that Donald Trump must heal the racial divide I mean. You know that's so easy said. But if it's not fair to blame Barack Obama for the racial divide which I don't think it's sort of blaming. If it's not fair to blame me for event then it's not fair to say Donald Trump has to solve this is Donald Trump is not going to be able to solve the racial divide. I don't know how a president. Could do that because it it has to come from the people and right now I see so much. Divide in this country that I don't see a sense that America really wants to come together. So all of this hand is. All of this has led to. And our conversation. About. Actually the last hour it came out. Somebody brought up of black entertainment television or want white they have fat white they have the black caucus when they have all of these things and this bothers a lot of people. You normal like. It it doesn't bother me. And I started thinking about the difference between there if there's a difference between. Creating. A white television network today I I've gotten a text from someone who is a challenging me saying. That scoot you are wrong there is a market for white television. Pageants month of the year the issue is that those who start the group. And many others would be labeled a racist. I once asked a black friend of mine wide there's a black month of the year the response was because all of the other months. Our white parts. This is gonna come up in our conversation next hour because I'm gonna talk about the movie hidden figures which I solve. Over the weekend and it's an excellent movie. Black entertainment television which need it. Because. Whites dominated television. There was a market near fort. The continuation of BT two day. Is different from the creation of white entertainment television today because white entertainment television is not need it. So if you were created today. It would be like well we're gonna seek revenge. Will be to get back issue okay we you know what if you do that then we're gonna do this. It it wouldn't be the result of off the market demand. And and while there are those who consented to Texas say oh there is a market fort. OK I'm not saying that there are people who wouldn't wash. The market's not big enough. There are not enough white people in America. At this point to support a white television network. Because. Most of us go to television to watch what is entertain. Not what is white. It is not to say that some people won't put I just. Yes he would be labeled the racist if you did it but I completely. Hollywood's been. Did labeled a racist and a lot of things over the years and it there and it was a market for this I think would be done but the market simply doesn't exist and to do it now it just seems to be would be. Like. An act of revenge like okay well you know what now we're gonna do. And that's not that that's not the origin of black entertainment television. Well I already heard this or not much a Bruce Springsteen. Cover band has now backed out of the truck inauguration. If you're an old stay would decide suits who will be right back on WL. On this date January 17 1967. Newspaper in England published a story citing that the local councils surveyed that there were 4000 holes in a road. And like this year. And then made it into this song written my John Lennon and. I don't know I just thought it was interesting that a news story picked up something like that and into John Leonard added to the song and sometimes that's the way songs are written. I'm screwed in the afternoon on bike ledger with this idea thing Donald Trump is a legitimate president's. That is part of the conversation we're having. And is not attending the inauguration of Donald Trump a civil way to protest the peaceful transfer of power. That's what John Lewis Democrat from north Georgia said he's gonna do. And now the Washington Post is reporting that it's not 52 people on Capitol Hill 52 politicians. Are not going to be. At the inauguration. This is a peaceful way to protest the peaceful transfer of power. But if you want to protest the inauguration. I personally believe they'd be better if you did that but yet said you know. But once he's gonna do this to protest his presidency. But I'm going to be willing to work with him if it's. Best for the people in my district are best for the American people and that's not what we're hearing. And what I sense is this mirror reflection. Of what apparently happened after Barack Obama became president. That is Republicans getting together saying where could do anything that it did this guy wants to do when making a one term president. That was okay. But this is an okay because that's what a lot of people wanna do with Donald Trump opera watchers centric your under the W out. A school in a good. All I wanna tape in which the whole. Church on. Are there you co coach we called. If they. They were the significance would. C and chill in the spotlight there. Are forty. And now it is much just. Which. Right now. There is the issue is racial did art is it nobody. Is Darryl. All import bank on the table in and got the differences between culture. Saying that they do it when problem which you need more and that includes. All of you know we. Won it all contemporary. Works but. Cute at that. There was just certain. I want it more on the mark check and. Yeah we know ordered Pacific in the beginning MTV was all white and it took 34 years for them to play their first black artist. In fact it back and a little bit but it. You should do what he'd change but I'm going and my experience as to warrant should. In in DC used to torture. Like college football. And then you know a gold. That there and watch look like Alabama and the universe you can achieve their own has ending coach Jerry. You have many of our by the that you you're going to be real person. You could sit right there and call sort of old home and watch being the reason why would join. An epic that will. Because of the university. And then moving in currently. Out of being in the actual vote. Black college or even an agent you were right in Tibet irrespective why that you don't. One here on the networks. And I would keep living and understand the black does not when it all right I am old black which ruled I don't want to. Actually. Thank them by culture the old car. I'm not going down glory what you're not of Michael I'm going to other cultures and people just. It's such a touchy topic that that wind you know he used talk about it people do you are out there ought to. The black point of view of the black perspective. Black people all over it aren't you need to watch out that you that it because these new book in and really do. Take into consideration certain things that mean that. Black people. Derogatory terms like sell out and they don't want you operation no. Oh well all recent development culture. That caught that ball count just not evident. Cedric I've got to get to break here battling cancer crushing you identify yourself as a as a black male. There are. A lot of authority of stations in New Orleans. Did you tell people did you listen to student every WL. There are acting. That all of the radio station I want to how old enable it should. You know almost has been in the war by. I have period the that they were Michael all men like it does wonders if they'll meet you beyond my work there and I got the war they didn't stores. Enter or senator can appreciate the call delegates or break this was it number one album in 1970. Zeppelin to one of the songs from it a classic will be right back. And Devin if you don't. Earth like kids born on this day in nineteen Tony seven issue you know. Died of colon cancer December 25 Christmas Day 2008. And her home in Weston Connecticut this is just a oh this is at a James. Miscommunication there. We need a player the kid here. Has tried something a look. Sometimes it happens once again proving that this is live radio nothing is scripted on the show. Continuation of our conversation so far this afternoon and continues to the next hour. Because I saw the movie didn't figures over the weekend which is number one of the box office after the mark with the king junior weekend. I don't know that it's because of the Martin Luther King Jr. weekend. Although the message was to grow with. The celebration or Luther king junior. But he's just a darn good movie. I love when I saw it was eye opening it was a reminder that the separation of blacks in our society was not really that long ago. If you saw the movie want to talk to your. And we'll talk about race relations and what the movie hit configures. Says about America then. And what it really tells us about America today. I thought that was a really positive things in the movie also visit a great song are running is one of the theme songs. For her ticket that was a thicket of this is are the tip okay. All right him again. Oh yes that's right she did as soon. Well. A lot like radio. Mistakes at all. I will talk about to hit figures coming up next.