Good talk on blocks

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

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Re: Good talk on blocks

Postby Van Canna » Wed Jun 13, 2018 9:22 pm

And keep remembering that any plea you go for will greatly impact the duty to defend and indemnify contained in the insurance contractual language of your insurance policy in a civil action against you.
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 12:54 am

This court has held that a self-defense instruction is not available when the parties are engaging in mutual combat. Mutual combat occurs when both parties enter into the combat willingly or voluntarily; it implies a common intent to fight. It does not matter which party initiated the confrontation when both parties willingly engaged in it.
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 12:59 am

K.S.A. 2017 Supp. 21-5202(h) defines intent:

“A person acts ‘intentionally,’ or ‘with intent,’ with respect to the nature of such person’s conduct or to a result of such person’s conduct when it is such person’s conscious objective or desire to engage in the conduct or cause the result.”
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 11:42 am

The things we gloss over as karate/MA practitioners with self defense ideation.

Will you get a fine or have to pay restitution?

In many cases you’ll have to pay both a court fine and restitution to your victim. For serious crimes you may face fines, restitution, and jail time.

Your specific punishment will depend on many different things, including what the law says, the facts in your case, and any plea deal you make.

Keep in mind that being sentenced for a crime, even if your only punishment is a fine and/or restitution, means you have been convicted of that crime.

It becomes part of your criminal record.

You’ll have to answer yes anytime you’re asked if you’ve ever been convicted of a crime.

However, if you can get the conviction expunged, it will be removed from your record. Many states allow expungement of some crimes after a period of time.

It’s usually a good idea to talk with a lawyer before making a plea in your case.

A criminal attorney in your area can evaluate your case to see if you can avoid a conviction. If not, he or she can negotiate to get you the best deal possible.


You need to develop the right kind of mindset to deal with this stuff before the time comes to possibly use some techniques.
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 11:57 am

How you can get nailed by "Sanchin"


In cases of death or serious bodily impairment, the court may order up to 3 times the amount of restitution otherwise allowed.

Codefendants may be held jointly and severally liable for the total amount of restitution.

If one codefendant does not pay, the other codefendant(s) is/are still responsible for the entire amount. Examples of items that are recoverable as restitution:

1. "Buy money" in drug offenses 2. individuals or institutions that have provided services to a victim as a result of the Defendant's conduct 3. Expenses spent by the parents of a minor victim for items such as: child care expenses; income loss; mileage; lorging or housing; meals.

4. Interest on unpaid child support and medical bills. 5. Money paid by an insurance company for a loss claimed by a victim. 6. Psychological counseling 7. Physical and occupational therapy

8. Expenses related to the death of a victim, such as: funeral and related services; lost tax deduction or credit; 9. Attorney's fees incurred to the victim because of the loss, including assisting in the investigation and attending Court hearings.


The Court is required to hold a restitution hearing if there is an actual dispute, properly raised at the sentencing hearing in respect to the type or amount of restitution. Hence, the issue as to the amount of restitution can be waived if the Defendant and/or the Defendant's attorney fail to raise the issue at the time of sentencing.

The Prosecution has the burden to prove the restitution by a preponderance of the evidence to the Court. The Defendant is not entitled for a jury determination concerning restitution.

The rules of evidence do not apply at a restitution hearing, other than a claim of a privilege (for example - attorney client privilege). The Defendant is not required to testify at a restitution hearing, and his or her silence is not a consideration of the Court concerning any issue.

The sentencing Court is allowed to rely on the Presentence Investigation Report, which is presumed to be accurate, unless the Defendant challenges the information in the Report.

The Prosecution must show with some precision the amount of loss if uncharged activity is involved.

Restitution can be ordered from the Defendant's bond or bail if he or she personally paid their bond or bail.

Proceeds for the sale of property forfeited also may be used to satisfy victims.

Restitution must be ordered as a condition of probation or parole.

The Court can order that income withholding or a wage assignment occur in which restitution and other payments are taken directly from the Defendant's paycheck.

Failure to pay restitution can result in a revocation of probation or parole.
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 12:05 pm

You get into a 'self defense situation' and you may well end up like this:

An order of restitution remains in effect until it is satisfied in full. It is a judgment and a lien against all property of the Defendant in the amount of the specified restitution. It is not dischargeable in bankruptcy.

If the conviction is set aside, the Defendant is not entitled to a refund for any sums of money paid. Restitution can impact a Defendant far beyond the date of his or her sentencing.

It is important to have legal counsel to preserve the issue of restitution, and try to minimize the amount of restitution ultimately awarded.

Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family.


If you don't think this is something for you to consider ahead of time before something happens causing arrest and criminal charges...better exchange your belt for one that is much longer so it will fit better around your financial casket.
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Re: Good talk on blocks

Postby Van Canna » Thu Jun 14, 2018 12:06 pm

There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent.
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Re: Good talk on blocks

Postby Van Canna » Fri Jun 15, 2018 12:47 pm

It is important to have legal counsel to preserve the issue of restitution, and try to minimize the amount of restitution ultimately awarded.


And you would still be civilly liable, aside from any restitution arising from the criminal proceedings.

You may well end up losing all you own including your house.

So if you don't understand how to approach this threat...you best take your whatever color belt you now have around your waist...make a noose of it and stick your head through it.
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Re: Good talk on blocks

Postby Van Canna » Fri Jun 15, 2018 4:12 pm

CCW-SAFE
THE SHOOTING OF JOE MCKNIGHT

“A Cautionary Tale to All Drivers”

Part 3: Escalation

Ronald Gasser shot former New York Jets running back Joe McKnight in broad daylight at a busy intersection in a suburb of New Orleans on December 1, 2016. After a five mile “tit-for-tat mutual road rage” incident, McKnight exited his vehicle and leaned into Gasser’s car.

Gasser fired three shots from his .40 caliber Smith & Wesson pistol, killing McKnight. After eight hours of questioning, investigators released Gasser based on his self-defense claim. However, when witness statements and forensic evidence was found to refute some of Gasser’s claims, authorities arrested the 56-year-old on charges of second degree murder.

Defense attorney Matthew Goetz quoted Louisiana law at trial, reminding jurors that it allows for lethal force if an intruder crosses the threshold of a person’s home or car. The protections provided by this law disappear, however, when a shooter is the “first aggressor.”

After trial, a juror spoke to The New Orleans Advocate under the condition of anonymity. He said that those who initially favored convicting Gasser felt the incident started when Gasser responded aggressively to being cut-off by McKnight. Those initially favoring acquittal felt the confrontation really started when McKnight stepped out of the car at the intersection.
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Re: Good talk on blocks

Postby Van Canna » Fri Jun 15, 2018 4:14 pm

The distinction was important; it meant the difference between an acquittal or a conviction.

Those favoring conviction ultimately won the other jurors over. After the verdict, Gasser’s lawyer admitted to reporters that the back-and-forth road rage may have “muddied the waters” when the jury sought to determine who was the first aggressor.


At trial, prosecutors showed jurors video footage compiled from multiple sources showing the two men’s vehicles on the road. Witness Jerrod Jones said, “I saw them weaving in and out of traffic. It looked like they were racing and cars were getting in the way.”

Another witness said that the jockeying vehicles went “back and forth.” It was never in dispute that McKnight cut Gasser off, but no one knows whether that was accidental or intentional. It seems, however, that the jury held Gasser responsible for initiating the five-mile confrontation that ensued.

It didn’t help Gasser that the jury was told of a previous road rage incident at the exact same intersection that led to Gasser’s arrest in 2006.


It also didn’t help Gasser’s case when the jury heard video testimony of him recalling how he removed his Smith & Wesson pistol from his gym bag about a mile out from the intersection.

Gasser anticipated the potential for a violent encounter, but instead of rolling up his window and calling 911, he put his pistol in a “ready” position.

McKnight, jurors were told, knew that his boss kept a 9mm pistol in the vehicle he was driving, but McKnight never touched it, and approached Gasser unarmed.

To some on the jury, it may have seemed that Gasser brought a gun to a fist fight.

At the very least, it’s clear from Gasser’s own mouth that he was the one that introduced a deadly weapon to the encounter -- long before McKnight ever got out of his vehicle.
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Re: Good talk on blocks

Postby Van Canna » Fri Jun 15, 2018 4:16 pm

Don West, veteran criminal defense attorney and national trial counsel for CCW Safe, told us about selecting a jury for a self-defense case where he polled potential jurors about their attitudes regarding guns.

One man proudly professed that he was a gun owner. West asked him if he kept a gun in his car. “Oh no,” he said. “I get too pissed at other drivers to trust myself with a gun in my car.”


The judge in Gassers case, when she sentenced Gasser to 30 years in prison, said, “Let this be a cautionary tale to all drivers who rage behind the wheel of their car at other drivers.”

The lesson for the concealed carrier is that everytime you have an argument, by the very fact that you are carrying a deadly weapon, you open the possibility that the conflict may be resolved with deadly force.

When you take on the responsibility of carrying, you inherit an obligation to avoid unnecessary confrontation.

Not only did Gasser miss multiple opportunities to de-escalate his encounter with McKnight, by pulling out his gun and essentially inviting McKnight to engage, he created a situation where a shooting was practically inevitable
.
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Re: Good talk on blocks

Postby Van Canna » Fri Jun 15, 2018 4:17 pm

In the next installment of “The Four Elements of Self-Defense,” we will explore how the concept of reasonable fear factored into the legal defense of Ronald Gasser.
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Re: Good talk on blocks

Postby Van Canna » Sat Jun 16, 2018 11:36 am

Leon DaDamaga »

Are we discussing being mounted on the street or in sport?

If your mounted in the street, a blade, biting(nose, ear, privates, nipples, brow) anything sensitive, or eye gouging would probably be a good start to escaping.

I think inflicting as much damage as possible is your main goal.

Leon
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Re: Good talk on blocks

Postby Van Canna » Sat Jun 16, 2018 11:40 am

RA Miller »

The title of this thread is generally my preferred escape.. close any way.

Assuming the EBG is striking in full mount, his center of gravity will be coming foward with the strikes. If you have the nerve and weren't stunned, you can parry the strikes cross body. If he's really driving and they are fairly straight punches, the parried punch into a concrete floor makes a nice bonus.

The whole technique: Bring your feet up as close to your butt as flexibility allows. EBG fires a right hand punch, parry cross body with your left hand, simultaneously pinning his left knee in place with your right elbow and hip arching as high as you can while rolling onto your right shoulder. It pretty reliably pitches them off and to your right.

In training, this has worked successfully with a 120# female officer against a 280# male officer. The body mechanics are there.


Occasionally, a very good grappler will be able to control his legs and keep you in his guard after he is rolled. Lean back, elbows to inner knee nerves and two quick groin strikes usually allows the good guy to get up and access a radio or weapon.

Honestly, I'd much rather be mounted by a striker with the blows raining down than by someone who knows how to python in and do damage up close.

Rory
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Re: Good talk on blocks

Postby Van Canna » Sat Jun 16, 2018 2:10 pm

M. Keller »

The folks in our BJJ club have a standard recipe for a mount escape that works pretty well against someone who has a decent grasp of triangulation, and simply won't be rolled:

1. First, we get our elbows and hands in close to give us some measure of protection against shots to the head or arm bars.

2. Next, we'll try to hook their head with our feet. Most people will pull in close to the body to avoid this, so that temporarily prevents fully cocked punches from getting rained down on you.

3. Next, with elbows in close, we bridge HARD, and try to toss them upward such that one of their knees gets close to one of our elbows.

4. We then make room with the elbow, and scoot one leg out such that we can get the half guard. This is dangerous if not done quick, since you don't want their knees and your upper half coming in contact .

From there, it's back to trapping, bucking and rolling.

-Mike
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