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Uber Driver Gets Probation, Loses CCL


Eric D.

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Prison for damaging a car sounds pretty stiff. A car can be fixed. A the most, I could see making him pay for repairs plus incidentals. Maybe some community service too? But, it seems this guy has some priors...a FELONY drug charge. I'd think a felony drug charge isn't just simple possession. I could see a year in prison for aggravated assault...but from the article it seems the charge was just damage to property. In either case, no one was injured.

 

As for the Uber driver. I think he acted improperly. I believe the rock thrower was fleeing at the time the driver tried to shoot him. That's not cool. But, on the other hand, he may have believed he was under attack. He certainly was agitated and fearful. If it had gone to court, I wonder what the outcome would have been.

 

This is an unfortunate case either way. I live only blocks from where this incident occurred and the idea of bullets flying around because someone was trying to stop a fleeing person who had damaged his car is pretty scary. As a lawyer I know says..."intent leaves the barrel of the gun"....meaning, if you kill an innocent person accidentally, you will be in deep trouble. Make sure you can hit what you're aiming at. Those bullets could have easily passed through a wall or window and struck a child sleeping in their bed. Just. Plain. Stupid.

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Its an amazing world we live in. From the point of view of the law if someone causes deliberate, severe damage to your property you are supposed to just call the police and file a complaint. The miscreant might be laughing and taunting you, yet if you use force you are the criminal. I assume that if someone walked up to you "knockout game" style, slammed you in the side of the head and then walks away you still cannot use deadly force, since the threat to you is no longer present or immediate. I have a feeling that if 150 years ago on the frontier, someone threw a rock and injured your horse, and you responded with gunfire killing the rock thrower, the law at the time would not consider you guilty of anything. We've really "progressed", haven't we?

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Its an amazing world we live in. From the point of view of the law if someone causes deliberate, severe damage to your property you are supposed to just call the police and file a complaint. The miscreant might be laughing and taunting you, yet if you use force you are the criminal. I assume that if someone walked up to you "knockout game" style, slammed you in the side of the head and then walks away you still cannot use deadly force, since the threat to you is no longer present or immediate. I have a feeling that if 150 years ago on the frontier, someone threw a rock and injured your horse, and you responded with gunfire killing the rock thrower, the law at the time would not consider you guilty of anything. We've really "progressed", haven't we?

 

Yeah, we're much more civilised (sp intentional) and sophisticated now.

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