WWL>Topics>>5-19-14 10:10am Garland: on shooting trespassers

5-19-14 10:10am Garland: on shooting trespassers

May 19, 2014|

Garland talks with WWL legal analyst Tim Meche about whether the D.A. should have brought charges against a property owner in the Marigny who shot an unarmed teenage trespasser.

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Automatically Generated Transcript (may not be 100% accurate)

Go back do you do me very tank. No Morgan talk about jail -- via a genetically modified foods but it fair. Oliver's students from around the country -- proposing legislation to and you remotes. And last couple of days have been written about that -- -- and Poland the scientific evidence that says you moves really bad Timbaland is so far. So hopefully we're gonna what talked to a couple of brokers and it is from. Ramallah -- state sooner. Fighting for labeling you blows and director of government prepare for the center for food safety and DC's you bring goods from the the 11 o'clock. It's it's something that. As fascinated me. Young Americans they can vote. They can match or they can and contracts. They can kill people orbit fuel in the war. But the camp by good. Until there are 21. And a look around the world seeing how we. Measure up against other countries. Only country's second problem with the drinking laws or Sri Lanka. Pakistan. Indonesia. Could talk. Oman. And the united emirates and talks. So we're gonna talk to an expert in news or soup region. Understand exactly one that gives him about it and and -- were keeping it there and more content. And it's horrible. Talk about it. England homeowner. Ball or mirror -- young men and jumped as students. Susan. George roots and shoots from the pro series -- -- accusing Cuomo. And the last few days we've Britain heard this statement by -- deal that the you Leo and can as Earl. -- that. You have and that. Does Jones is. Currently entry. To talk about this whipped him for eternity ago but a real legal analyst -- welcomed Lucia. When breed did in his statement when the sentences says. Or doing cold as a young -- -- shot most recent burglars -- -- -- pre -- Coleman recovered from brain surgery. Goes involved in November. So -- are simple and colds most recent burglar Rios. In the case that that's all it is at a insulin treatments you reversal bleed them. So did mean that he was gonna prosecute Andrea and told his kid did there. Apprentice. Well I only did -- note that. That statement curious because under the rule of applicants are all saying. Burglary that happened after shooting would have been municipal. -- the issue was whether or not it was a justifiable shooting. And obviously late entry didn't note that. You know a year later. This kid who needed even you know would commit an -- so and that would have been technically relevant. But in the court of public opinion. It's certainly I think appealed so a lot of people and it -- cents. All the district attorney just walk away indicates. But do you general report what I ask attorneys about this type of Kate's. Not a step -- still images we don't show apart braves questions. Like from what -- do that and sensibly and look and it's it's it's all about the wall we we have enforce a law. Well the -- did it was quoted again I think -- Gordon. He says I'm ethically obligated. Not to charge an individual against whom I do not possess evidence. The proves beyond a reasonable doubt he committed the crime. -- evidence does not exist in this case. But the following statement what news. He dropped it because -- have -- the burglaries in the prosecution was irreversibly damaged. Even if you're operating on own portable -- does that make in his cents. -- the second part is the real the first part Israel but apparently there were a lot of holes in the case. And I think they did take it to agree injury and agree injury refuse to indict. We have a theory roll. Justification. Statute in leading and that the Florida -- -- got a lot of attention. Our wall while that's subject -- -- would order the state of war. So an individual. He is entitled to use force to defend themselves. Against are pretty even -- So I didn't think it was a great chased -- But that last statement where he says the -- the -- that happened a year later mated. And impossible prosecute note legally and just -- -- have to say that it makes. And and I'm told over the years incessantly. DNA humorous and turn -- assistant US attorney. Ten and -- eat a candle. Will be definition of that mean. A -- walks and he wants to indict Landry can I didn't. They controlled the grand jury they tell them what they think they selectively give them information. Could this be from the very beginning. That on one side. He had to accept the caves on the other side because of the media. And public opinion. It was a battle hardened up -- to indict you showed them from the very beginning didn't tonight. Well the cool thing and former prosecutor to do. Is to present all that evident Stuart green and puree fear Atlantic green injury side. Now we all week. Here's. You're not a broad and open the doors opened. Of course is that well it happened that way but apparently in this case that it would -- they presented all the evidence. I ate it appears to me and that hasn't been publicly stated there appears to me that mr. and probably -- testify in front that your dad syndrome -- And -- injury in. So. Apparently -- this -- chose to do that. Ethical thing and present the evidence that he had extra early to intervene in your chose not return indictment guess it was like entities. Apparently you. Grew injuries. -- worried. IDs and its attorneys. A villain of shows -- legal system. -- notes to a 100%. But I believe warriors and they tell me a DA can indict in the body wants. -- no doubt. And then he made a conscious decision. Elected this grip and verb again and even the brain injured more -- Yeah -- abilities components and. Well. He can make the decision and he made decision to present evidence and let them make an independent decision does that mean in between those two extremes were talking. Them but that isn't that how we in -- -- cantaloupe -- gives them the charge. Let them debate that lets them decide. If if they decide they want to. That held to move and in the bearable public opinion but. If you can -- it envelope you can go back regardless of what they think they were brilliant truly you ought to be indicted him because of the BC doesn't that. In that what. That means when warriors say. He can indict in about. Yeah and and in this case you didn't have to connect to agree injury he had or -- -- law. Just sign the bill -- torque and the crime without taking into. In this case each so he used to -- in -- process because it's. -- that -- people with strong opinions on both sides of the and apparently -- decision woods to present all the and not make a recommendation to degree injury and let the citizens decide. And they couldn't reach and commitment to these should be short. And provided some copper or not -- and yet. There are other juniors there would be a couple more minutes -- come right back to him if turning double mobile legal analysts and we're talking about New Orleans the news offers from -- charges. A -- former Maryland the homeowner. Who shot a team that was owners property on the welcome back hello we're feeling good about New Orleans feuds office. Of charges against Paul Byrd mirror and you hold more. -- young men and half ago on his property. Said he felt threatened. The kid was not formed. Was in the -- April while Bradford came back in school doing another burglary and in the mean on did you drop two charges. Too -- with those attorneys in -- appeal legal and lose. When an outburst broke that is one of things I wonder about is. The business. Well let me back. Tell me again water or walls -- news here and humid did moderately and drew violated a law. He committed. Com. Either aggravated battery. Or attempt -- However. In Louisiana. We have. Three or four stat sheets that are called justification. Stat -- That just the ought to -- use of force her life. And the specific one that applies here. Says that there should albeit presumption that a person lawfully and cited 10. Held a reasonable belief that the use of force or violence was necessary. To prevent unlawful entry here true. And that apparently was what he was going to org you that he felt compelled to use force. A -- and part wants to prevent this union from entering now. There and that probably. Would have flown would most juries and I think he would probably be in court. So. We have a law. That allows him what he did news what -- -- understand. That's correct it's called -- justification -- -- and we have. Several and we and some applies to the use of force that doesn't involve a homicide. Summer limit is that justifiable homicide. The one where our side did not occur or extremely broad. You have the right to use force to prevent somebody from entering your home your -- -- even your call. If you reasonable people. That that's necessary. To prevent them from didn't. And the key areas what you reasonably orderly and if you take the witness saying it could be witnessing -- explained that you were in theory. The person was fourteen years who. Only two witnesses they're human person. It does or the jury will probably only view in the quiet warriors especially in the neighborhoods have a lot of -- So it looked at home eventually him. We -- bull and in the usage yet to this scorched and that allows him to do what do. But our legal system which warriors on the news quote the best in the world. Take similar perp walk for the media. Public sizes his order. Publicized. That charges does not emphasize innocent until proven guilty. And puts it on the docket the Internet. Which will never be put. Air and causes him. Does spend a fortune. On his lawyer probably movies didn't. Probably -- -- -- mortgages to people legal -- All in and ordered to go through our best legal system in the world. -- the law allowed him to do help help -- -- that congress this. Or go back to the concept of separation of powers interest in our. We don't have that one single -- into deep inside in our legal system we have a three -- system. One we have the police who decide whether or not American Le in this case they chose to. Now they don't have the power the authority. To coordinate the car. That's a separate and -- at the district -- And seeing today a decision. Not to ultimately. Cremated and toward him with a crime that would have gone to the thirteen year which would include your computer. So all three of those fears operates with checks and balances on the and they all do their job and sometimes they disagree with he and that's the way our system work. And the idea is that ultimately because you -- very separate entity will be the result. And it would seem like. The the person that gets spotlighted. If he wins he loses if he loses he loses. Because if he wins he may be -- financially. If he wins. He's forever got the scarlet letter. Of these charges ever get expunged from the -- Yeah he has he has the opportunity here here is oh record aren't. However. I -- illegal criminal or read -- here. Award was given a presentation and he was. -- of a record on the Internet and showing people who have had their it is explorer because of the Internet the technology we have now. It means because you aren't something like -- happened in the paper. -- and get it legally blind but he can't take it also. Who who work. Whatever partner in the -- that your and last week burger. Once it enters the public record it's going to be here for. I understand that three tiered justice and we ought to. But -- like. Hobos are charged. -- her in March oh. I'm not being hurt by the system the sting and tool in this and proven guilty. You're guilty -- -- cause. A new technology. Because laws of the human -- that most of the -- -- charged with the old. We've got some provisions. And in the pants it was a small group that knew about it now. It's everybody wants to each other -- didn't show via the dale and rape. And I pulled up -- Russell. And the guys that use the wrong approach will picture. And his police charges -- were aboard -- -- On the front page of the paper route and at least -- Take his own corporate innumerable trees that building where. I understand that the reactors system. -- understand it's work. As well. Go -- you mean it would be here and so police department would not. In the -- The New Orleans Police Department chose to exercise their -- it is. Some police department and other places but in the just due to investigate. And then you consider -- return there and Eric Grubman thing. After relegated to a major. Wreck occurred the police investigated but the game. It is an older model -- -- prosecute the prosecutor particular injury. And he was indicted in you know. Some people suggest that -- have -- that he -- -- -- to have some interesting system we have an attribute to more minutes we get a couple call come right. You can join -- were. Talked about a homeowner. Former -- in the quarter while ago shot and on form team in all of this property was fearful that he was being threatened. And have been on charges under -- cloud for very long time. And the -- a couple of days ago it's a broad broad drop in the race -- right back doubling up on -- celebrity AM 053 yeah. Are welcome back our daily double to go through these drug more opinion poll ask you -- or. Import view you'll use the a.'s office -- for use charge. Against Paul -- Mara and the homeowner who shot to a team on his property. We ask you do do set a precedent for homeowners and 50% said Yeltsin 50% signal and better sales and a complicated to George -- Tim Miller should turn a double to appeal legal analyst didn't do does that set a precedent does this say Stan drew -- -- Ross now holds. No -- every State's current turn themselves facts. There and in this particular case I think the homeowner. Probably. Made it good witnessed in front of the green injury problem was able to articulate. Effectively. Why he -- -- -- -- Erin does victim quite right we did them. Call people have much sympathy for him because -- -- prior and post activity. So. Next time I'm like this happen when that was that was so. Okay. Hoping here and blew him deception the review and -- all of this so. Confuses. You and and in some cases did that really concerns about our freedom. But. If Britain after the show says incorrect world. All I heard you show it sounds like we go legal right to shoot somebody who feel threatened in regard. I would say yeah -- And hope would be correctly. OK if they're in they're in pretty. -- -- just think it's reasonable. Of their Little League ball. That says yes you can. When the cops column if they decide. If they decide. To not look at that well but to try Jews and -- you're gonna be brought up before the public. You gonna be charged going to be put in Orange suit. You're gonna be paraded past the media and so that they warned force can make sure that they they showed they got their man you're going to be put on television. Radio talk shows and newspapers. Even goes on wall that says if you care. You have the cops come and short Q and even though does the law that says they shouldn't you're gonna go through all that went up your world. It depends on your six. Apparently didn't want was Portman decided to do that -- it's an eagerly been excellent Orleans -- would be brought to. After that when would that there're have been criticized for that great and people in other jurisdictions dial the that's the intensity of DePaul and ignore her state police did an investigation. They didn't do it gave their evidence to the prosecutor. Any particular agreement here. And again this news or -- I'm right on the and that's -- -- -- what that it's. In the -- he can make cure. You can tell the grave injury. You can think of one Republican retort or in over the think this would -- -- users. -- Even -- Paul says you can do it is in the hands of the police. And ID. And hopefully. -- will be believable. To the grand jury. And the guys -- sure it won't be. A big role in -- in the. Clear clear on exactly what to question is you've -- And I'm telling the present. Of these says life heard. On your show. It was -- shooter go in New York have appealed threaten and I'm giving you. To -- seuss'. Yells that's true but the Jews said would cry and I thought the third one ones. Really and truly your fate is in the hands -- did today and and abuse. You're going to be paraded -- gore. Is that for. -- I'm talking Orleans parish where else. -- do for the league because. A lot of people gonna hear the show and go well. OK. I've got that. That wal losses like doing. Almost nobody -- -- you may be allowed to bottle you're gonna -- to Bobby hill. Including your pocketbook. Personal reputation and future. Go to one of -- Horton taxes. On him. -- -- -- -- -- -- -- Young man. -- What did -- -- criminal. In -- -- -- -- won this one that just in a story about this case people just elected think it was handled pretty good. Ought to just and the stories. I think we need to carry or -- instinctive talk about in in in the lawless area. -- -- but I don't. Look at it we -- shoot somebody. That would threaten the life. But if someone might not bound -- its threaten. At that point I'm not going to be concern but I have to -- award is to get beyond that it's my life -- apparently it's like and I think this is being overdone and -- opt for protecting the property and I'm not gonna shoot some teenagers stealing hubcaps off talks no. I don't think that was utilized it much but someone's coming in my -- in my area active engagement. Yes. You know at risk -- of in Chicago. -- overtures in the look I think you're probably. Asked do you put a lot of people -- world -- -- It's over what we do we don't. On one -- Maya Indian. I think people should be at a -- outs to watch the wall here what are allowed to do and and in particular. What's gonna happen. -- work there is. And ignorance of basic ignorance in this country. About -- -- law enforcement to Steve who. After. Probably not being each. -- problems. And how to -- And I think that's valid for show but I appreciate torture. Concern is injured his images and I admit I think a lot of people a -- What you feel I just feel definitely different and I think is huge and important. For people to understand. What the -- where it is consequences. Journalists were a Mormon roots. Well it's come -- A brawl this -- are added -- -- promising to show one more question for almost fortified bunkers on giving to both word. -- -- -- -- appeal legal and if you're just George's words -- -- -- you'll excuse offensive. Charges against or broad merry old. Shell out young men and August properties that it felt threatened waltzes could and -- Ten. The of the young men that show the parents to get on this guy's private property. Was ever charged in anything trespassing or anything. You know I don't under him honestly Goldman and I don't think. -- I have been -- -- that borrows observe an accurate. And and one of the question of problems this is. I've always been fascinated. By it the perp walks in the publication. Of somebody even -- were were supposedly. Innocent until proven guilty. Were were paraded in the humiliating boy. Were put on the Internet while play is that what's the thought -- on. -- -- -- Well it. Bargain at some legal and political. You know that traditionally been something the New Orleans Police Department has done. By the police departments and other parts of the country don't. In some countries it's illegal to do to -- formally torched. I don't. Know why they continue to do it -- been criticized about it. By the defense more and by even judges. But it's just tradition in the -- and that should be maybe you should have a show. Chaser pretzel to explain why they didn't. Items are in trial a -- -- a flight to most of Europe in particular Britain and Korea. The depend that you brought -- been blacked out windows never be seen by a public. Accusers name being accused. Name is -- -- to be published. And it's all in order to be acted easier. To resume a normal life. After charges against you or -- In fact think you can branch. Bill that they can only publicized the case separates all the ruined somebody's been convicted. When you went to law school you -- -- warriors winner of this issue comes up. Is a reason -- The wall industry itself has said you know -- innocent until proven guilty this this government -- I am I missing them. -- know -- any real we have a job to do some real note we should strive. The thing that happens all the time. A lot of times that productivity does result in consequences. -- sometime food department did -- -- could. Sometime judges. -- changes in options and didn't tell juniors you'll. You could do you -- -- where it. Makes it very difficult to win and you construe this morning -- state or who you know. That's a difficult thing to do in fact he did shoot somebody did. Kind of you know makes it somewhat. Arguably just plausible for the police to arrest. So. The Buick and money -- well. -- Index on my producer called you and says about a twenty minute and are you gonna believer. Lisbon -- education. I think that the right candidate for anybody's interest that -- along we're talking about. -- -- -- by statute under fourteen section one section nineteen. Use of force and violence in the sense that start justification -- look at. And maybe you might be more -- web site. Tim thank you so much I couldn't this is valuable information for all of its good education thank you -- Bigger break double bill -- celebrity more of five the -- -- we're doing thing good about whether logic can shoot somebody that -- -- -- properly let's go to Greg Greg Euro and other abuse. Pager records show and yeah perfect solution for sending your own without me pistols are all well and there. The point. Like shot difference the fact that -- and you shotgun -- -- well the first round where a blank. So the question sure somebody is really hard thing to do without put muscle Hitler position -- what was going back the matter. Shooting somebody is it. Big problem. You look shotgun. Round with a blank step outside to pull the trigger it to those. Lamb you say get on the ground in Poland next round in the chamber which is -- -- You alleviated number problems where wind you haven't heard any but he did have a center ground out in the middle -- anywhere. You get that done were the shells were effective arranged call sixty feet or something like that you don't go put a ground. Or America. And to introducing solution we run out of time but I appreciated called -- Called deck -- yeah.