Security guard arrested for self defenseand defense of others what do you think?

[Akajun]

The verdict is out. Case dismissed. The guard was found not guilty by self defense. The guard sued the city and won for falsifying evidence. **** all you prejudgmental ass holes. The police lie a lot. And didn't several BRPD officers get
Involved in cases like this and guess what all of them came to the same conclusion as the guard.

hey looser, the case was not " dismissed " it was put in front of a grand jury over a year ago and a no true bill was issued, meaning that there is not enough probable cause at this time to prosecute . He could still be brought up on charges theoretically as he was never tried for a crime. Second the " police didn't lie" and no civil judgement was ever paid out to anyone by the city, but you or your buddy may pay one to the victims family in a civil suit. Crawl back in your hole.

 

[geoney]

hey looser, the case was not " dismissed " it was put in front of a grand jury over a year ago and a no true bill was issued, meaning that there is not enough probable cause at this time to prosecute . He could still be brought up on charges theoretically as he was never tried for a crime. Second the " police didn't lie" and no civil judgement was ever paid out to anyone by the city, but you or your buddy may pay one to the victims family in a civil suit. Crawl back in your hole.

Actually if it was "no true bill", then he cannot be tried for it again. Also, If he claimed self-defense and was found NTB, then he is immune from civil prosecution as well.

 

[Dave328]

I'm confused. What did he loosen?

 

[Akajun]

Actually if it was "no true bill", then he cannot be tried for it again. Also, If he claimed self-defense and was found NTB, then he is immune from civil prosecution as well.

Wrong, the da can re present the case, he was never arrested or even charged , double jeopardy does not apply , and claiming self defense does not prevent a civil judgement.

 

[pyreaux]

Necessary use of deadly force (aka self defense) seems like according to RS 9:2800.19 does allow for immunity from civil suit.

 

[geoney]

Wrong, the da can re present the case, he was never arrested or even charged , double jeopardy does not apply , and claiming self defense does not prevent a civil judgement.

You are incorrect. Here is the civil immunity clause:
http://lawofselfdefense.com/statute...or-use-of-force-in-defense-of-certain-crimes/

It may only be re-trial by GJ if it comes back hung. The DA could theoretically choose to prosecute on his own without a GJ indictment, but most will not for political reasons.

This 2012 statute makes an "investigation", which will most likely go to GJ a statutorily mandated act.
http://www.legis.state.la.us/lss/lss.asp?doc=814011&showback=

 

[charlie12]

Necessary use of deadly force (aka self defense) seems like according to RS 9:2800.19 does allow for immunity from civil suit.

Would the case have to be settled in criminal court before 9:2800.19 kicks in?

 

[geoney]

Would the case have to be settled in criminal court before 9:2800.19 kicks in?

Possibly but the rules for GJ would still have applied. Once no true bill, you are done unless DA decides to do his own thing.

 

[jguilletjr]

OK, I see it now...

Club Raggs guard booked in shooting

A 22-year-old security guard at Club Raggs nightclub, 2605 Plank Road, was arrested Wednesday for allegedly shooting two men who were trying to flee a hit and run outside the club Oct. 10, said a Baton Rouge police spokesman.

The driver of the vehicle had crashed into multiple cars about 1:13 a.m. and continued driving away from the club, said Cpl. L’Jean McKneely, a police spokesman.

The security guard, Robert McGriff, allegedly stepped in front of the car and motioned for the driver to stop, McKneely said.

The driver continued driving toward McGriff, who jumped out of the way before firing at the car, McKneely said.

The driver and a passenger were each shot, McKneely said. Each suffered non life-threatening injuries, he said.

Police say at the point that McGriff began shooting, no one had been seriously injured and the driver of the car had only committed damage to property.

McKneely said McGriff should have stayed out of the path of the car and gathered information before calling the police.

McGriff was booked into Parish Prison on one count of attempted first-degree murder.

My understanding is he put himself in harms way then started shooting. He should have gathered info for the police. You cant initiate a fight then shoot your way out of it.

 

[323MAR]

"gather information for the police...."


That is exactly what the security company would have wanted. It is better to let them get away instead of using deadly force to stop a "fleeing felon." The guard will not be able to work in security anymore and for good reason. I do not think he can be trusted with even an unarmed post.

 

[4-14]

You can't willfully PUT yourself into a situation that could cause you harm and then claim it was self defense when there was no initial intent to cause harm or even put anyone in harms way.

You cant initiate a fight then shoot your way out of it.

Ask George Zimmerman about that...