ShadowSoldier said:
You didn't really understand the article did you? The 4 guys ran into his apartment accusing him of stealing a PS2 which he didnt take. When they were threatening his life he went for his gun. He fired a warning shot and they still advanced. Now I dont know about you but Im pretty sure if he did let them attack him they probably would have severely beaten him or even kill him.
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Still not enough reason to use a gun.
It was May 7, 2007, when Roderick Buycks Jr. along with three other friends came to Brooks' apartment just west of the California State University, Fresno, campus. The four were looking for Buyck's stolen PS2, which Brooks insisted that he didn't nick, but the four kept arguing with him. Brooks went back to his bedroom, grabbed his .22-caliber revolver, shooting Buyck in the neck, the two others, but Buyck's friend Brant Daniels was killed in the incident.
When he went into the bedroom, he could have called the police, or let them take the PS2. When your life is in dangers, you don't have time to go get your gun and come back to the scene.
That said, a man does have a right to defend his life with deadly force. However, in this case, if they let this kid get away with claiming self defense, then EVERYONE who ever shot somebody could claim the same thing. Self defense shootings must stand up to very rigirous investigations. This one doesn't.
A few things could change and this would be plausible.
If the defendant lived on private land, and not an apartment complex with a legal right of way and assumption of saftey..
If the victims broke in to the apartment, rather than ran in.
If the defendant's apartment door has been closed.
If the gun wasn't in the bedroom.
If this didn't take place in California.
If Brooks didn't have a reputation for immaturity and irresponsibility related to firearm culture.
If Brooks only fired 1 shot.
If Brooks called the police before the shooting.
If Brooks hasn't ran away after the shooting.
All of those things would vastly change the circumstances.
As it stands now, the judge did what's expected of him, as he should. That story is bogus. On these forums, we judge things by what we can prove. In court, you judge things by what a reasonable man would deduce. Absolute proof is never required. That is a common misconception.