Good talk on blocks

Sensei Canna offers insight into the real world of self defense!

Moderator: Van Canna

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:33 am

Part 1: The Facts of the Case

56-year-old Louisiana man Ronald Gasser had been arrested for a road rage incident before. In 2006, a motorist dialed the “How's My Driving?” bumper sticker on Gasser's work truck to complain.

The number went to Gasser's cell phone, and he took umbrage with the criticism. At the intersection of Holmes Boulevard and Behrman Highway -- just outside New Orleans -- Gasser got out of his truck and confronted the motorist, punching him several times in the head and body.


While the charges were eventually dropped, Gasser’s attorneys were desperate for the judge in his 2018 murder trial to rule that jurors would not learn their client once wound up in cuffs for beating up a guy at the exact intersection where, ten years later, he would shoot and kill local sports hero and former New York Jets running back Joe McKnight.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:34 am

The judge did, however, allow prosecutors to present this “prior bad act,” and an appeals court agreed, writing in their opinion that the previous road rage incident “helped establish intent and lack of accident and mistake.”

It proved devastating at trial. The jury took seven hours to render a manslaughter conviction, and the judge sentenced Gasser to 30 years behind bars.

Don West, veteran criminal defense attorney and National Trial Counsel for CCW Safe, says that without the evidence of the prior bad act, Gasser would have had much better standing, based on the facts.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:36 am

On December 1, 2016, a witness saw Joe McKnight, in an Audi SUV, cut in front of Gasser in traffic, initiating a five-mile “tit-for-tat mutual road rage” incident that saw both parties giving rude gestures and shouting obscenities out opened windows.

The verbal sparring continued when the two found themselves stopped at a red light.

At trial, prosecutors said Gasser goaded McKnight out of his vehicle, and when the former professional football player approached Gasser's car and rested his forearms on the open window, “the trap was sprung,” and Gasser shot him.

Defense lawyers said the McKnight “was basically trying to kill him and run him off the road,” and that Gasser feared for his life when McKnight “lunged” through the opened window of his car.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:39 am

Gasser's attorney paraphrased Louisiana law when he told jurors that deadly force is justified when someone crosses the threshold of your home or your vehicle.

But prosecutors made the point that the three shots that struck unarmed McKnight were unreasonable considering the circumstances.

The jury would have to decide if they believed Gasser feared for his life, and they did so without hearing Gasser testify in court.

The defense chose not to put Gasser on the stand, relying on the video of an eight-hour interrogation that Gasser submitted to without the counsel of an attorney.

While the video does show Gasser proclaiming that he feared for his life and fired in self-defense, it also captured him making a number of claims that prosecutors were able to refute with forensic evidence during trial, undermining the credibility of his statements.


Just keep your mouth shut...and always have a defense criminal attorney at your call.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:40 am

Considering the manslaughter conviction, Judge Ellen Kovach had a broad discretion with sentencing. She could have issued anything from zero to 40 years.

The choice of 30 years was meant to send a message: “Let this be a cautionary tale to all drivers who rage behind the wheel of their car at other drivers.”

In our series “The Four Elements of Self-Defense,” we explore how location, escalation, reasonable fear, and post-incident actions can affect the legal defense in a self-defense case.

The Gasser case is the first of three we’ll explore that involve the use of deadly force in and around automobiles. Like Judge Kovach said, these cases should be a lesson to every concealed carrier who drives an automobile.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:43 am

Don West, National Trial Counsel for CCW Safe, talks with litigation consultant Shawn Vincent, in this weeks episode of "In Self Defense". The two talk about the first three shootings, which all happened in residences, and the Castle Doctrine. Included in the summary are the following cases:

1.The Kaarma Case: Shortly before midnight on April 27, 2014, Markus Kaarma detected an intruder in his garage. Just ten days earlier, the Missoula, Montana resident had been the victim of a burglary -- someone snatched some valuable items from his garage, and the perpetrator was still at large.

After the burglary, Jeanette Pflager, Kaarma’s partner and mother to his baby, installed a video baby monitor in the garage in the hopes that if someone tried to steal from them again, they’d be caught in the act.

When Kaarma saw a dark figure in the monitor, he sprang to action. He grabbed a loaded shotgun he kept by the front door; he exited his house; and he fired four shots into his darkened garage.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:45 am

The Wafer Case: Ted Wafer, a 54-year-old airport maintenance worker, fell asleep in front of the television in his Dearborn Heights home on the night of November 1, 2013.

He lived alone in the house he had purchased in 1994. The intervening twenty years had seen many changes to the Detroit suburb -- including a rising crime rate.

In the middle of the night (around 3:45 am), loud banging startled Wafer out of his sleep. The noise came first from the side door, then from the front door. It was a “boom, boom, boom pounding” his lawyer Cheryl Carpenter told jurors at trial. “The floor was shaking.”

The hosts talk about the similarities in the cases, and discuss how things could have been done differently, and how possibly the victims involved may have avoided prison sentences from 20 years to life in prison.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:50 am

The Survival Triangle with Dr. Alexis Artwohl: Chapter 5- Confidentiality and Support

Confidentiality following a lethal self defense case should be of upmost importance for your emotional and legal survival. You will want to talk to someone about your experience, and that is perfectly normal. You just need to make sure that your discussion is confidential and protected.

The number one person who you can have a conversation with that is protected will be an attorney.

It is always good to have an attorney if you are involved in a lethal self defense incident so you can dump all of those feelings of anger, fear, consternation and worry, with full confidentiality.

You may also talk to a trauma specialist, or other licensed mental health professional, or possibly an ordained minister.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:52 am

I would strongly discourage you from talking to anyone else, friends, family members, and most importantly anyone on social media.

There have been some very unfortunate incidents where information has ended up on social media, either by the person involved, or by others who they have talked to, and it never comes out well.

Confidentiality will need to be of the upmost priority not only directly following an incident, but for some time after everything settles as well.

Due to statutes of limitations and civil proceedings, for your own protection, this timeframe may be a long time.

Thank you for following this great discussion on The Survival Triangle.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:55 am

In the immediate aftermath of a critical self defense incident, or any critical incident, it's very normal for people to think about what happened, and play that over in your mind, however, sometimes people get stuck there.

Second guessing is really irrational, and when people do get stuck in intense second guessing, it's usually about things that they couldn't change, or had no control over.

At some point, you have to move on, and accept the facts of what occurred, or you will start experiencing guilt, loss of confidence, or other feelings that can cause greater problems.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:57 am

Second guessing is very important to remember during any interviews if you are involved in a self defense shooting or lethal self defense incident.

You will need to be aware of second guessing, and try to keep your testimony to the relevant facts of the case.

Understand the emotional impact of second guessing, and remember that during an interview, that is not the place or time to express what you could have done, or maybe should have done differently.

Psychotherapy with a trauma incident specialist can be a good idea, at least one session, where you can have a safe and confidential place to work your way through any second guessing or other emotional issues that you may experience.

It is always good to have an attorney involved if you are being interviewed for a lethal self defense incident.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:30 pm

Way to go here, as they have plans for people without concealed carry license.
I believe $299 a year...

https://ccwsafe.com/

If you use your 'karate' in self defense in fear for your life or serious injury and you get arrested/charged criminally...you call their hot number and there will be immediate legal and investigation response to keep you from talking your way into a jail cell and bankruptcy.

Without a plan of this nature [legal service] you can take your karate and play patty cake with your friends.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 4:49 pm

https://www.masscops.com/threads/traffi ... ing.60159/

The only time I would EVER tell a cop on a traffic stop that I was armed was if circumstances had progressed to require my getting out of the vehicle. And as always, do exactly what the nice police officer tells you!


First off, keep your hands on the wheel and allow the officer to approach the car as normal. When you make contact, calmly state you have a concealed weapon permit and there is a firearm in the vehicle. Make sure to use the term “firearm” and not “gun.” It may seem like a minor difference, but it shows a certain level of responsibility. The officer will want to know where it is, so either provide them this information right away or be prepared to share it willingly.


Your other option is to hold your tongue unless asked. Each state has their own rules about this, so make sure you know the law first. There are pros and cons to this method.

The most positive part is that you avoid any conflict if the officer doesn’t bring it up, so it’s a non-issue. The negative could be that if they later find out, it could seem like you were trying to hide it. There’s a pretty vast array of opinions on which method is best, and it’s up to you to decide which is best.

If you can take this advice and go into situations like traffic stops willing to make these small allowances for your local law enforcement, not only will they appreciate it, but you’ll both come away from the situation better off than if you don’t.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Fri Jun 08, 2018 9:43 pm

Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

Re: Good talk on blocks

Postby Van Canna » Sat Jun 09, 2018 12:02 am

Where we all seem to fail as teachers of self defense/martial arts etc. is the lack of education on the legal/financial consequences any engagement is laden with...something that even as violence professionals like Rory Miller lay out in book/seminar format....tends to be completely rationalized away or out rightly denied.

So the teacher who does not self educate and pass on this critical knowledge of self protection onto his students...is actually sowing the seeds of disaster in his classes.
Van
User avatar
Van Canna
 
Posts: 56884
Joined: Thu Mar 11, 1999 6:01 am

PreviousNext

Return to Van Canna's Self Defense Realities

Who is online

Users browsing this forum: No registered users and 2 guests