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PostPosted: Tue Jun 21, 2011 12:16 pm 
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THE WINNER GOES TO JAIL
Maslow considered safety and security the fundamental human need, placing it just above air, food and water. Our country is built on the right to live free from tyranny and hostility. The framers of our Constitution believed safety and security to be unalienable rights for which all persons are entitled in order to defend against aggression and using all manner of force, including deadly force if necessary to insure that guaranteed safety.

But remarkably when a person does defend himself in the streets of America, and particularly when that person is forced to take the life of another, he is treated neither as a hero nor a champion of American virtues. Rather he is vilified, arrested and aggressively prosecuted. Most often, in the aftermath of a self-defense case, the winner goes to jail.

Now, in Massachusetts, the very seat of American liberty, Roy Bedard presents a unique training seminar, the first of its kind in the country designed exclusively for criminal and civil attorneys who represent clients of combat crimes. Whether you are a prosecutor, plaintiff or defense attorney the knowledge and skills you will learn in this 8-hour symposium will open your eyes to the true nature of self-defense and assist you immeasurably in self-defense case preparation.

Roy will share with you the science of combat as understood by law enforcement officials and military professionals who regularly engage in life and death struggles. In a culture defined by periods of war, the combat sciences are one of the oldest in the world, yet they remain so exclusive to the warrior class that few have felt the need to learn or study this unique physiological phenomena of the life or death fight. You will learn what the professionals know and what they share among themselves regarding:

• misconceptions of judges and juries regarding the fight/flight phenomena
• schematic response to unarmed and armed aggression
• salient features of combat stress
• aftermath of a critical incident
• behaviors that define predatory violence
• what is moralistic violence and why is it lawful and justifiable for self-preservation?
• methods to properly establish and defend an affirmative defense
• presenting a compelling evidence based case to judges, juries and the press.
• key characteristics of critical incident amnesia
• defense strategies that compel jurors to empathize
• court rulings on civilian and law enforcement use of force, and why cops do what they do.
• methods that law enforcement investigators use when investigating members of the profession and how these differ from investigations involving members of the general public.
• how heuristic police investigations have likely landed thousands of people in jail for exercising their most important Constitutional right
• how to work within the confines of law including self defense, castle doctrine and stand you ground laws.

If you are in the business of defending or prosecuting alleged criminals, you won't want to miss this seminar.
It is a college education in a single day and it is guaranteed to make you exponentially more effective in your work.

Roy Bedard is a recognized subject matter expert in police use of force and defensive tactics. He has provided expert witness consultations regarding self-defense in civil and criminal cases in Federal and State courts throughout the country.

A classical martial arts instructor and law enforcement professional for 25 years, Roy works with civilians and professionals who wish to learn more about and improve their abilities to defend themselves. He has instructed in college classrooms, conferences, seminars, training camps, police academies and military bases in the US and abroad.

Roy holds a bachelors degree in Criminology and Criminal justice from the Florida State University, recently recognized as the number one college of Criminology in the nation. He is a certified law enforcement officer and has worked closely with police agencies on five different continents. He currently works in a reserve capacity with the Tallahassee Police Department.

Roy is regularly sourced by national media including ABC news, CBS news, USA Today, network radio and dozens of periodicals representing his opinions in both law enforcement and civilian self-defense rules of engagement. He is an expert advisor for policeone.com and is considered one of the top experts on this unique topic in the country . http://www.roybedard.com

Course fee: $600.00 Date: Thursday, August 4, 2011 Location: George Mattson's Summerfest: The Jungleplex, Plymoth, MA Attire: Informal, comfortable clothing Materials: Provided Registration: Call George Mattson at 321.273-0409 or email gmattson@uechi-ryu.com
=================================
To Register, go to our secure Uechi-ryu Store: http://store.fastcommerce.com/EasternArts/the-event-at-summerfest-ff8081813087e3b301309806c0ab11bb-c.html


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PostPosted: Tue Jun 21, 2011 1:26 pm 
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Quote:
But remarkably when a person does defend himself in the streets of America, and particularly when that person is forced to take the life of another, he is treated neither as a hero nor a champion of American virtues. Rather he is vilified, arrested and aggressively prosecuted. Most often, in the aftermath of a self-defense case, the winner goes to jail.


Pretty sickening to even think about it. The real fight begins after the self defense event.

I guess it is best for a student of martial arts to start to make deposits to a 'defense bank account' along with his tuition for lessons…should he ever envision or think 'self defense' on the streets of America.

Imagine a prosecutor_ " Now tell the court, Mr. Brown__ the real reason why you took up martial arts?"

He already knows the answer[s] you will give __ and is ready for tripping you up.

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PostPosted: Tue Jun 21, 2011 4:58 pm 
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Uechi Ryu and Summerfest 2011 are lucky to have such a knowlegable, talented Martial Arts/Law Enforcement professional as Roy Bedard offering this material to us. 8)

Mr Bedards' classes are always first class and informative !!! :D

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PostPosted: Tue Jun 21, 2011 5:52 pm 
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We are indeed lucky. . . Besides working with participants attending SummerFest, Roy is helping me build a new and quite fascinating "Event" that will be held all day Thursday. We came up with the idea awhile back during a discussion on his expanding "expert witness" role. . . testifying in matters of "use of force" and self-defense issues. Turns out, most lawyers and investigators know very little about this field and people who find themselves on the wrong side of a trial, end up in prison for years because of this lack of knowledge.

Roy is going to be conducting an all-day symposium for people who should know about this subject and don't!

If you can help get the word out, please have them get in touch with Roy.

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PostPosted: Tue Jun 21, 2011 7:12 pm 
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Lucky indeed to have Roy on board with his multifaceted talents.

I have already made a number of calls to friends to bring Roy's seminar to attention and to spread the word.

This is one camp nobody should miss.

With Karate we may have the right tools...the best tool box...but self preservation _ before_ during and after a street fight and other situations involving violence_ require much more than a tool box.

The reason why such specific tactical expertise that presenters like Roy and Rory are so invaluable.

I have been arguing these very points for years on end on this forum...many times seeing derisive comments about my use of the words 'experts' in given fields by so many who should know better.

Well...Roy and Rory and the many others versed in tactical knowledge now at our camp...are the 'experts' ...

You attend and you will know what you have been missing over your training years.

I urge as many as they can to register immediately for those one of a kind symposiums.

This should be some camp all right, and in the comfort and beauty of the 'plex' and the old city of Plymouth.

Don't blow it :P

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PostPosted: Wed Jun 22, 2011 2:06 am 
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I just forwarded it to my attorney, who was a student of mine since he was a kid. He's a defense attorney now. I hope he's smart enough to take advantage of this great opportunity.
Thanks for posting this.


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PostPosted: Wed Jun 22, 2011 6:02 pm 
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Thank you all for supporting this very important course. Self-Defense law in America is in shambles, leaving people who use force for their protection completely vulnerable to a criminal justice system that threatens this most fundamental right of every American.

Here is an excerpt from my book The Winner Goes to Jail; The dilemma of Self-Defense in America, expected to be released in the beginning of 2012. The aftermath of this story will surprise you - but I will leave you in suspense for the time being.

The Winner Goes to Jail
Chapter 4 - A Bad Night in Brockton


To say it was a bad night for Eugenio Lopes would be a remarkable understatement. After working an eight hour shift as mission operator at Concord Foods, a retail food supply in Brockton, Massachusetts, Eugenio did what so many of us have done after putting in a long day; he went to a bar for a drink.

Perhaps it was a bad idea. Eugenio normally preferred to hang out with his friends at one of their houses. He didn’t like going out and in particular disliked the drama often associated with large crowds. But a few friends from work were meeting downtown and he needed a drink. He was over twenty-one and he wasn’t driving so he figured, what was the harm. Being young his body was well equipped to manage any excess he might imbibe. He caught a ride to Cardoso Café with his friend Manuel and for about an hour he mingled inside the bar.

About 1:30 in the morning management signaled for last call using the not-so-subtle practice of turning up the indoor lights inside the bar; a mood killer to be sure. Eugenio was quick to exit deciding that he would be better positioned if he were to stay on the perimeter of the crowd as it exited. A couple of his friends recall him walking outside alone, while as many as three dozen others also exited, making their way towards Montello Street which ran along the front of the bar.

Eugenio stopped for a moment as he exited the doorway. Looking to his right he saw his friend hugging a young lady near the front door. He didn’t know who she was, but that didn’t stop him from taking the cigarette that she dangled loosely from her fingertips and walking away with it. Yes, an a_shole thing to do but not his worst indiscretion of that evening.

Of greater significance was that Eugenio failed to consider how quickly or dangerously such minor incidents can spiral dangerously out of control. He didn’t realize that in his own singular moment of petty foolishness, that there were other eyes watching. He didn’t calculate that in many social circles involving men, women and alcohol the primal need for certain individuals to make a showy display of establishing the pecking order could be so easily aroused.

Eugenio continued walking. Like most of the after hours patrons at Cardoso’s that night he wasn’t eager to rush off to his home and go to sleep. Feeling relaxed, a little drunk and not very sleepy he stood across the parking lot holding the cigarette he had recently bogarted from the girl in the doorway. Glancing up he again made eye contact with her. She caught his attention with her hand gestures. They weren’t threatening, rather they were inviting. She motioned for him to come back over.

Playing it cool, Eugenio started towards her walking slowly across the pavement. With his eyes fixed on the young lady he didn’t want to appear to eager. For a moment, the conversation went back to the cigarette. “Why did you do that?”…

Without warning it happened. Out of nowhere Marco Rodrigues stepped forward and landed a solid right punch into Eugenio’s eye. The blow snapped Eugenio’s back as his skull recoiled into the wall of Cardosos' with a sickening thud. A twenty-two year old street fighter, Marco Rodrigues was amped up on Hennessey and cheap Vodka. It was his birthday and he was celebrating with a sucker punch to a man he didn’t even know. Eugenio never saw it coming.

The blow staggered Eugenio, but he didn’t completely go down. Confused and shocked, he turned to look at his attacker. Eugenio’s friend Julio Silva however saw the whole thing and grabbed at Marco to separate him as friends often do. He got between Marco and Eugenio and pulled him away to the side of the doorway.

Perhaps he was too intoxicated by the effects of alcohol or maybe it was the five-alarm bell that was now ringing in his head. It’s possible that it was just his passive disposition; but for whatever reason Eugenio just stood there for a moment. He didn’t go after his attacker and he didn’t run away. He just stood there dumbfounded as many things continued to happen around him. Later, he wouldn’t be able to recall any of it. After absorbing the power of that punch, there was just silence.

When the blood hits the water, the sharks swim in from all around. Predators lay in wait. They look for the weak, the wounded, and so within moments of suffering the first debilitating blow, Eugenio was grabbed again. This time he saw it coming but only for a moment and there was nothing he could do to stop it. With hands like ham hocks the 6’6, 303 pound Jose Gongon-Morales, known around the Brockton neighborhood as “Gambo” and to the police detective as “knock-out” snatched at Eugenio’s meager 165-pound frame and caught a piece of the red and black jacket that dangled from his gaunt body. Gambo pulled Eugenio in close, into his deadly swirling combine of hands, elbows and knees and he began hitting him with a fury. Eugenio recalled later that when he first saw Gambo he was startled by his sheer size. He knew immediately that things were about to go from bad to worse. Another friend of Eugenio’s saw the whole incident unfold.

Nuno Emmanuel Gomes later described what he saw to the Grand jury. When Prosecutor Tom Flanagan asked him what Gambo looked like, without hesitation Nuno said, “A mean ass mother f’r. He looks like crazy!” Flanagan quickly tried to recover. “I’m going to ask the jury to disregard that last statement as far as the witness’ description looking mean.” Lawyers do that. When a witness characterizes someone with rich adjectives, even if it is the truth it is thought to prejudice the jury. The theory is that a juror’s imagination might run away on them. They might hear the words, compose a picture in their mind and like Eugenio Lopes on that early June morning, they might also feel fear-- and fear can make one think differently.

But Nuno had captured Eugenio’s thoughts exactly. Gambo was a giant of a man, covered with tattoos, an image of a sword could be seen running the length of his massive forearm. On the opposite side of that arm was his nickname, GAMBO. There was irony there. The etymological root of that nickname was the same for the word gamble, a word meaning “risky venture”.

He may have been the father of two, the loving boyfriend of Elismary Lozada, but in that moment he was a mean ass mother f’r, a violent predator who was now committing a brutal assault on Eugenio Lopes. In that moment Eugenio felt a new kind of fear.

Eugenio started to fight back, but he was unprepared for what happened next. Gambo, using an old street trick, pulled Eugenio’s jacket over his head. Now bound and blinded by his own clothing he tried to fight, to break away, but he was in a bad place. Not only was he already injured from a powerful punch to his head by the first unknown aggressor, he was also unable to see AND had lost all range of motion in his flailing arms as the taut fabric of his own protective jacket was now used to ensnare him.

He struggled violently to free himself from the jacket, but every movement was answered by another blow from Gambo, Eugenio could feel the strikes, but he had no idea who or how many were actually hitting him. When you are blinded, your radar taken out, your fear turns to anxiety and your anxiety turns to panic.

The central nervous system is no stranger to panic. For millions of years it has been honed in the flame of aggression and has evolved a most extraordinary primal survival mechanism most call the fight/flight response. When it recognizes the symptoms of extreme danger it becomes extremely aroused and calls upon its reserves, a powerful network of glandular and neural wiring that lies latent in every animal form.

Immediately the highly evolved neo-cortex or new tissue that forms the uniquely adapted late evolutionary cognitive control of the human brain; simply turns off. The midbrain, awash with fear revs up and takes charge. The amygdala, almond shaped neural masses lying deep within the temporal lobe of the brain that are thought to effect both memory and emotion become hyperactive and start teasing the sympathetic nervous system into action.

In that moment Eugenio Lopes neurological concern for his survival gave way to any learned inhibitions. There was no thought about fairness or civic duty. He didn’t think about getting arrested or going to prison. He couldn’t--that part of his brain wasn’t fully functioning anymore. In that moment his limbic system was fully evolved and so like the Captain of a sinking ship he grabbed whatever held water and started bailing.

Somewhere in the recesses of his memory he knew that he had a pocketknife. He had placed that knife or a similar one in his pocket for years as so many men often do. He hadn’t really thought about it in as many years, only mindlessly picking it up from his nightstand and putting it in his pocket before leaving for work. Through repetition he had developed an inadvertent mind/body connection, a fortuitous mastery of the simple act of grabbing a knife and shoving it in his pants that came naturally with years of benign utilitarian practice. But now, as he stared at the pavement from the opening of his jacket and as he felt the blows raining down upon his head and body his mind was left grasping at straws. He didn’t remember grabbing for the knife, but he later recalled a fragment of visual memory when he saw his own knife lying on the ground in front of him. Most likely under extreme duress he subconsciously grabbed at the knife and fumbled it. Gambo had him bent over using his jacket as a control harness. But what Gambo couldn’t know was that with each downward strike he was driving Eugenio ever closer to the one object that could in a single moment even the score. Eugenio reached for the knife, grabbed it and just as quickly flipped the blade open with thumb-assisted precision.

In his panic, he started to flail the knife bringing it high a couple of times over Gambo’s locked and rigid arm. The blade scratched at Gambo’s neck drawing blood and in a second strike it punctured his left cheek going in about 1¼ inches, missing bone and teeth as it entered into his oral cavity. But Gambo was charged up in a predatory rage and likely never felt the tip of the knife as it punctured his skin. He hung on and continued to beat Eugenio. Now Eugenio came underneath Gambo’s vice like grip and he started punching outward with the blade, towards the one direction he could effectively move his arms. He couldn’t see what he was hitting but he recalled that finally one of the strikes felt solid. Gambo must have reeled back because he suddenly released him and stood up. For a moment, there was a pause as both Eugenio and Gambo stood looking at each other.

In what must have been a loud and frantic moment of curious onlookers and frenzied exhibitionists who had now gathered to watch the spectacle on Montello Street, Eugenio recalled hearing nothing.

In an instant, Eugenio looked over his shoulder and he saw now a new threat. Aaron Crutchfield, a full time corrections officer with the Massachusetts Department of Corrections and moonlight security staffer at Cardoso had already extended his metal collapsible baton as he exited the bar. He looked into the street and saw Eugenio standing there with a knife in his hand. Considering his training as a corrections officer and the fact that he also had a 40 caliber Glock firearm on his side, something in the body language of Eugenio must have told Crutchfield that the immediacy of the threat had already ended. Crutchfield never drew his firearm. Instead he began to run towards Eugenio with his stick poised in the ready position. As he ran he hollered to Eugenio verbal orders to drop the knife.

Eugenio had just suffered a time sensitive critical incident. He recalled later that he was fighting for his life not only because of what he knew, that a man who outweighed him by nearly 140 pounds was mercilessly beating him, but also because of what he didn’t know and couldn’t know. Because his jacket was pulled over his head he couldn’t be sure how many others might be involved in this deliberate beating. He didn’t know if anyone out there in the raucous crowd might have a weapon and might take an opportunity to use it on such an easy tied-up target. But most importantly, Eugenio didn’t know how long he could hang on.

But now, here was still another threat, a uniformed guard with a metal stick racing towards him poised to strike. Eugenio’s legs, like all human legs were also the product of an evolved survivalist design dating back millions of years. Along with a unique supporting cardiovascular and cooling system the biped design was highly maneuverable and remarkably endurant.

Unlike other mammals, dogs for instance, who are prone to short bursts of speed for very short distances, humans were built for running long distance. In a moment, the sympathetic nervous system was back in charge and Eugenio took off running towards School Street while the security officer gave chase.

Like many physiological changes that occur during incidents of high stress one of the common salient features is explosive bursts of strength and power. As Eugenio ran, he felt like he had wingtip ankles. He was flying. In an instant he left Crutchfield far behind him.

Free now from the threat of imminent danger, his para-sympathetic nervous system was already starting to help him recover. No longer feeling the fear he threw the knife he held in his hand in a broad arching pattern into the darkness. He ran all the way home never stopping to catch his breath. He ran through the front door, up two flights of stairs and into his room. Exhausted he laid down.

Back in front of Cardoso Gambo reported that he had been stabbed. He might not have known during the course of his frenzied attack how badly he had been cut, but as his adrenalin began to subside he was becoming more sensitive to pain. As Gambo spoke with his friends who now came closer to check on him he was slowly becoming more aware that something was different.

It seems that during Eugenio’s wild attempt to escape from Gambo’s grip, the knife he flailed around plunged upward and into Gambo’s body. It sliced through the soft flesh covering his ribcage and found no resistance as it continued through the connective tissue separating the fourth and fifth rib bones. Behind the ribs the blade went on to puncture a lung and continued even further inward perforating the left ventricle chamber of his heart. Though it took a minute or so for the effects of that wound to take its toll, it was a fatal wound and one from which Gambo would not recover. At first Gambo felt weak, then eventually too weak to stand. He took a few steps away from his friends and laid down in the center of Montello street. Within moments, he died...

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PostPosted: Wed Jun 22, 2011 7:53 pm 
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So I'm wondering what the problem is. . .

Certainly a good example of stupid behavior, but nevertheless, justifiable self defense I would think!

But wait a minute. . . this happened in Massachusetts!

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PostPosted: Wed Jun 22, 2011 11:09 pm 
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Thanks for posting this, Roy.

What you wrote contains a wealth of self preservation concepts_ physical_ mental and legal that are worth going over and over in thought and discussion.

I look forward to the publication of your book...please do post on this forum the date of availability so we can all be aware of it.

i am pretty sure the guy was charged with murder and A/b with a deadly weapon and arraigned on those charges, simply because he used a knife for defending his life.

As you know, especially when someone dies, police will charge the winner as a matter of course then let the court decide guilt or innocence...especially if the defendant consents to an interrogation and or signed anything under stress, babbling things he himself is not even sure happened.

What was the reason for 'Gambo' to enter the fray and start beating on an already 'downed and out' man?

Who was Gambo with that night and had he been drinking?

What about disparity of force?

We have seen this happen a few times in Mass., there was a similar case in Cambridge when a blade was pulled under similar circumstances.

I also wonder what the evidence was at the scene...and was it any 'evidence' the reason for any charges or was he charged out of witnesses statements or for talking nonsense under interrogation?

Carrying a knife and any other defensive weapon is becoming more and more of a problem for the good guys.

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PostPosted: Thu Jun 23, 2011 2:08 am 
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I wish all the best for Mister Lopes. My heart is with him and I hope he comes out of this okay.

As for the six foot six, three hundred pounder - looks like he gambo'ed and lost. Ah, well, think of the money he saved on tatoos.


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PostPosted: Thu Jun 23, 2011 2:36 am 
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:lol:

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SILENCE!!! I Kill You!!!!


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PostPosted: Thu Jun 23, 2011 3:03 am 
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Found this on the web...

http://www.enterprisenews.com/homepage/ ... thout-bail

http://www.enterprisenews.com/news/cops ... ing-myself

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PostPosted: Thu Jun 23, 2011 10:44 am 
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Amazing how quick the press jumped to conclusions about this case. Anyone not familiar with the facts would assume that Lopez just walked up to the 300+ pound Gambo and stuck a knife into him. . . just for the fun of it!

And what do you think is going to happen to Lopez now that he is out of prison????

Quote:
Elismary Lozada of Fall River, Gongon-Morales’ girlfriend and the mother of his children, was clutching the victim’s left hand, screaming “Gambo” as emergency medical personnel arrived to begin first aid.

By 2:32 a.m., Gongon-Morales was pronounced dead at Signature Healthcare Brockton Hospital.
Police were able to identify the suspect, found him at his home and brought him to the police station where, after an interview, he was charged with murder.

Gongon-Morales’ family and friends gathered at the courthouse Monday. “It is part of the closure, I guess, to see who he is,” Garcia, the family friend, said.

Gongon-Morales’ 5-year-old son keeps asking for his father. “That is the hardest part of all,” Garcia said.
After the arraignment, relatives and friends got into cars and vans marked with slogans in memory of the victim: “R.I.P. Gambo,” “I love you,” “Gone but never 4 gotten,” “We miss you.”

“He will always be in our minds and our thoughts,” Garcia said.

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PostPosted: Thu Jun 23, 2011 1:51 pm 
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gmattson wrote:
Amazing how quick the press jumped to conclusions about this case. Anyone not familiar with the facts would assume that Lopez just walked up to the 300+ pound Gambo and stuck a knife into him. . . just for the fun of it!

And what do you think is going to happen to Lopez now that he is out of prison????


Right...the press becomes an enemy as much as the courts, public opinion, 'friends'...employer...even family.

You defend your life[yes lopes was defending his life in this disparity of force situation] and you are the villain, especially if dare use an 'equalizer' ...

The merciless beating at the hands of a berserk giant would probably have killed him or paralyzed him had he not had that life saving tool available.

The press, the police, the prosecutor, the courts system, were all collaborators in denying Lopes his right to self defense.

What he initially did was totally stupid [who hasn't done stupid things in this life that might have ended badly in the same way...as Roy points out?]

But did he deserve to be maimed by someone described and known to the police as a violent thug?

The press is conveniently silent about self defense /preservation...I would have loved to be in attendance at the trial to see how the prosecutor twisted the truth around, focusing the jury's attention on the 'knife'...

And the jury...well...so easily manipulated... :x

And now, as George points out...retaliation might be just around the corner for Lopes...

Well...did he really need a knife? Just a couple of 'shokens' would gave taken care of the 6'6" 300 lbs giant...right? :P

Now..wait a minute...maybe a couple of shin kicks :wink:

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PostPosted: Thu Jun 23, 2011 5:46 pm 
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Van Canna wrote:
But did he deserve to be maimed by someone described and known to the police as a violent thug?


I thought he deserved the sucker punch that started it. He had that coming, or something like it. (This is not to say that the guy who threw it wasn't an idiot for throwing it.) Anyway, that one punch more than set things right, IMO, but as Roy said, the sharks were circling. I don't see what happened next as being particularly related to what Eugenio did to get to that point. I'd never have done what Eugenio did to get himself to that moment in time right after receiving that punch and right before being attacked by Gambo, but that doesn't mean that I couldn't end up in the same moment by a different route, and I'd want the law to protect me. Why is self-defense law so screwed up? It seems to be unapologetic about producing outrageous results from time to time, some of which even stir public outrage. There must be some psychological explanation for why we, as a society, tolerate the status quo.

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