I am no sure if this the correct section to put this post. But yesterday night I saw this on tv..
In other internet site they dont talk about the argue. Is this self defense if the other guy didnt had any gun, knife.. only a cigar in his hand?.
Witnesses told investigators that shortly before Lavoie was shot, he was in a white Honda Civic that was being followed by the pickup truck. The two vehicles were headed west on Northwest 33rd Street, about a half-mile west of North Andrews Avenue.
As the vehicles approached the stop sign at Northwest 15th Terrace, Lavoie jumped out of the Civic to confront Anthony, the driver of the Tacoma, the Sheriff's Office said. Lavoie's girlfriend, who was driving the Civic, told investigators that Lavoie felt that Anthony was driving too close to their vehicle.
Witnesses told investigators Lavoie argued with Anthony, tried to open the door of the Tacoma and was seen reaching in through the driver's side window. Fearing for his safety, Anthony took out his weapon and fired a fatal shot, authorities said.
Anthony waited at the scene, was interviewed by detectives and later released. He has a state firearms license and a concealed weapons permit, said Sheriff's Office spokeswoman Keyla Concepcion.
At the scene, both vehicles sat bumper to bumper, just inches from each other. More than 100 residents of the adjacent Parkridge East Mobile Home Park watched from behind a fence. Many gave conflicting stories, but most remember hearing profanity-laced shouting before the gunshot.
"I heard some screaming and then a loud pop. When I looked over, the man was just laying there," said Cesar Garcia, 32.
"Something upset the victim enough to provoke him to get out of his car," Concepcion said. "Whatever it was, was it really worth having somebody dead right now? Was it really worth it for him to lose his life?"
Getting upset over the distance someone choses to follow behind you is just plain stupid. Getting out of your car to confront someone is just plain brainless.
Note that at a stop sign or red light, any distance short of hitting the car infront of you is more than two seconds behind. Part of my daily commute is a left-turn lane that often backs up beyond the length of the turn lane. Out of consideration to the drivers behind me I always stop as close as possible to the car infront of me to maximize the use of the space in the lane. Occasionally some inconsiderate dimwit infront of me with a whole car length of space infront of them will express displeasure at how close I am. I typically just shake my head an laugh at the self-centered morons.
Sorry, but I have to disagree with the comment that the "only way a car behind you will hit you is if you do something unexpected no matter how close they are following".
There is a reason that the person that rear ends the car in front is ALWAYS at fault in an accident. It is NEVER the leading car that is ticketed because he is not at fault, it the the trailing car that has made an error and therefore ticketed and found at FAULT.
I can't stand people that tailgate and drive too closely. That is exactly how accidents happen and people wind up dead. I have seen many accidents where the trailing car was too close to stop in time.
That is also why you can be ticketed for driving too close. The leading car does not get a ticket for allowing someone to be too far.
Then yes, IMO, although regrettable. At least in KY, we have laws specifically addressing this situation:tried to open the door of the Tacoma and was seen reaching in through the driver's side window
KRS 503.055 contains the following:Originally Posted by KRS 503.050
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.However, these news articles are always a "he said she said" type of deal; it's nearly impossible to properly judge the incident from them. In my case at least, I'm not a big guy, and I don't stand a chance hand-to-hand...I'm not going to risk my life guessing on whether a man who is shouting profanities and trying to get into my car is going to stop with throwing a few punches.(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
Thanks for posting the story, OP. I wasn't sure whether KY's laws on the Castle Doctrine applied to vehicles or not until I looked them up for this post...good info to know.
And on the tailgating topic:
*slowing or stopping to avoid a deer?
*stopping to avoid a child running into the road?
*swerving to avoid the yahoo who changed lanes without looking?
If you "always stop as close to possible to the car infront to maximize space" out of courtesy it is still not sound defensive driving. Smith Defensive Driving which at work I am required to attend annually says to stop behind a vehicle far enough back to see their rear tires. Knock on wood at age 57 I have yet to be involved in an at fault accident. Call me lucky or whatever, but I do practice good defensive driving habits. Tailgating is dangerous at any speed. Whiplash can result at very low speeds and neck injuries can last a lifetime. I am not saying you are not a safe driver and based upon what you said you seem to be a very courtesy one at that, but the driver in front of a tailgater is at risk when being tailgated. I have witnessed too many road rage events from this very issue. With as many people carrying firearms today, both legally and illegally, I would not have gotten out of my car to confront the tailgater and if I did I sure as heck would not have tried to do what this moron did.
I always wanted to be in court to hear those cases, where an innocent driver is found guilty of negligence.
Good opinions but what about the law, I read about stand your ground here in florida.
I think the point here, is not about how to drive safely. The point is about the murder.
If that was self-defense, the guy should be free right now, isnt it? or the person who kill other one have to pay a lot of money with lawyer...
The other guy didnt have any bat, or gun, or knife.... and even the guy could be keep going with his car instead of kill the other guy.or not?
what do you think?
In a way it is about how to drive safely. As that is tied into motive, which might come into play. Personally, I probably would have stuck my gun right between his eyes, held off on the trigger and then plugged my nose.
I think it was excessive, but the shooter appears to be within his rights. Also, I would not have gotten out of my vehicle to give someone a piece of my mind.
This was a needless murder.