[QUOTE]Originally posted by shartley
I'll bet you anything I could get a medical expert to testify that one or more shots from a paintball gun, directly into the throat, from a close range could easily be sufficient blunt trauma to make breathing difficult if not impossible. And as I need to breathe to live, I consider that a threat to my life. As for the pitcher, if he is intentionally throwing at a person's head, it's possible. During a game I think it would be hard to prove, since he has a helment, but not impossible.
Wait a minute. Because overshooting happens I have to allow a person to shoot me in the throat, intentionall at close range? Does that mean that a woman can shoot a man trying to rape her with a knife because she can't shoot a man that slaps her butt? That's stupid dude, and you bloody well know it.
A person shooting at me from any distance trying to mark me is different then a person purposly firing into my throat when the intention of threatening and harming. Sure, I can get hit in the throat during normal play, and sure, it is dangereous, but because (typically) nobody is trying to hurt you it is different. Just like a verhicular accident that causes a death is different from intentionall running someone down.
But I'm not talking about overshooting or bonus balling or anything except being intentionally threatened with a paintball gun at pointblank range to the throat. Not all situations are the same.
The law allows people to take measures to ensure their own survival against those who would threaten their lives.
You would have to prove that shooting was the level NEEDED, not that it was sufficient. And that is where many of your arguments fall flat.
No, I would have to prove that shooting was the level I thought was needed. And in this case, y arguement would be that pushing the person back didn't suffice, because they still have the intent and means to harm me, and the only maeans at my disposal to remove both the intent and means was the firearm.
Whatever Shart. And when you students end up on the slab I'll tell my students that what hesitation gets them.
I am still almost certain a person could get off with doing it. There are always circumstances that could prove me right or wrong, but when I feel I am in danger, I take my chances with a jury before I take my chances with my life.
And in pulling a knife you have increased the level to much higher than I believe a court would find necessary as well. You see, it takes less effort to simply push the barrel off your neck than it does to pull a knife and use it. And in fact, in the time it takes to do that, you could actually be shot. Try convincing a jury that you thought it was better defense to take the time to find and pull a knife over simply using your arm/hand to push the barrel away. Sorry, it would not hold water.
Again, pushing the gun away is not sufficient in my view. Although once the gun was a few feet away the lethality is basically zero (not counting freak accidents) but if I don't have a mask I'm still not confident that no harm will come to me. He needs to lose his means of harming me before I relax.
I'll bet you anything I could get a medical expert to testify that one or more shots from a paintball gun, directly into the throat, from a close range could easily be sufficient blunt trauma to make breathing difficult if not impossible. And as I need to breathe to live, I consider that a threat to my life. As for the pitcher, if he is intentionally throwing at a person's head, it's possible. During a game I think it would be hard to prove, since he has a helment, but not impossible.
Wait a minute. Because overshooting happens I have to allow a person to shoot me in the throat, intentionall at close range? Does that mean that a woman can shoot a man trying to rape her with a knife because she can't shoot a man that slaps her butt? That's stupid dude, and you bloody well know it.
A person shooting at me from any distance trying to mark me is different then a person purposly firing into my throat when the intention of threatening and harming. Sure, I can get hit in the throat during normal play, and sure, it is dangereous, but because (typically) nobody is trying to hurt you it is different. Just like a verhicular accident that causes a death is different from intentionall running someone down.
But I'm not talking about overshooting or bonus balling or anything except being intentionally threatened with a paintball gun at pointblank range to the throat. Not all situations are the same.
The law allows people to take measures to ensure their own survival against those who would threaten their lives.
You would have to prove that shooting was the level NEEDED, not that it was sufficient. And that is where many of your arguments fall flat.
No, I would have to prove that shooting was the level I thought was needed. And in this case, y arguement would be that pushing the person back didn't suffice, because they still have the intent and means to harm me, and the only maeans at my disposal to remove both the intent and means was the firearm.
Whatever Shart. And when you students end up on the slab I'll tell my students that what hesitation gets them.
I am still almost certain a person could get off with doing it. There are always circumstances that could prove me right or wrong, but when I feel I am in danger, I take my chances with a jury before I take my chances with my life.
And in pulling a knife you have increased the level to much higher than I believe a court would find necessary as well. You see, it takes less effort to simply push the barrel off your neck than it does to pull a knife and use it. And in fact, in the time it takes to do that, you could actually be shot. Try convincing a jury that you thought it was better defense to take the time to find and pull a knife over simply using your arm/hand to push the barrel away. Sorry, it would not hold water.
Again, pushing the gun away is not sufficient in my view. Although once the gun was a few feet away the lethality is basically zero (not counting freak accidents) but if I don't have a mask I'm still not confident that no harm will come to me. He needs to lose his means of harming me before I relax.
Oh, could I get the name of this Judge?
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