Man w/down syndrome dies

[Chris0nllyn]

Originally Posted by itsrequired

Does the civilian have the authority to cuff him, and was there a reason to do so? (For whatever reason could be a crime in itself.)

Let's just say Saylor committed a felony, and someone did a citizen's arrest in the theater.

[itsrequired]

Originally Posted by Chris0nllyn

Let's just say Saylor committed a felony, and someone did a citizen's arrest in the theater.

You mean a situation similar to this?

Raging Teen Passenger Killed on Plane - ABC News

Well, you see the outcome. Your answer is no.

[itsrequired]

Originally Posted by JoeRider

Wrong doing by someone that is an agent for the state (your claim representative of the people) is still accountable to the state (people). The States attorney is not representing the officers, they are representing the people and reviewing the officers actions to see if charges can be press against them.

people

n. the designation for the prosecuting government in a criminal trial, as in People v. Capone. Such a case may also be captioned State v. Davis or in federal prosecutions, United States v. Miller.

I understand who the state represents, but that still doesn't answer the original queston of who exactly, that is related to this case has accused anyone of excessive force?

[Bann (Premo)]

Wow. Just wow.

[thatguy]

Originally Posted by Bann

Wow. Just wow.

yep, its amazing how many ignorant people there are on both sides of this thread.

[Chris0nllyn]

Originally Posted by itsrequired

You mean a situation similar to this?

Raging Teen Passenger Killed on Plane - ABC News

Well, you see the outcome. Your answer is no.

The U.S. Attorney’s office, however, will not file criminal charges, saying Jonathan Burton’s Aug. 11 death was merely an act of self-defense by frightened passengers.

I'm not talking about some guy freaking out wanting to bring a plane down.

That would be grounds for reasonable and neccesary force.

The Castle Doctrine grants a presumption of reasonableness to those who might use deadly force against someone committing a crime.

There's been no indication Saylor's actions required deadly force, and if the citizens tried arguing that whatever they did to Saylor, they did not intend or believe it was likely to kill him, it would not be covered by self-defense.

[itsrequired]

Originally Posted by Chris0nllyn

I'm not talking about some guy freaking out wanting to bring a plane down.

That would be grounds for reasonable and neccesary force.

The Castle Doctrine grants a presumption of reasonableness to those who might use deadly force against someone committing a crime.

There's been no indication Saylor's actions required deadly force, and if the citizens tried arguing that whatever they did to Saylor, they did not intend or believe it was likely to kill him, which would not be covered by self-defense.

Okay, then for your scenario, a person who is trespassing in a person's business and won't leave. The store owner goest to ask them to leave, and they begin kicking the store owner. The store owner subdues them and handcuffs them. They die. I don't think there is a states attorney out there who would charge the store owner. Do you?

[itsrequired]

Originally Posted by JoeRider

So Saylor actions were life threatening to the people at the theater that he regularly attended because he did not pay for a 12 ticket?

Who said that?

[Chris0nllyn]

Originally Posted by itsrequired

Okay, then for your scenario, a person who is trespassing in a person's business and won't leave. The store owner goest to ask them to leave, and they begin kicking the store owner. The store owner subdues them and handcuffs them. They die. I don't think there is a states attorney out there who would charge the store owner. Do you?

It happened on the store owner's property, right?

[itsrequired]

Originally Posted by Chris0nllyn

It happened on the store owner's property, right?

Yes. It started in the store owners property, but the guy kept assaulting the store owner and it spilled out onto the sidewalk where the assaulter was finally subdued and handcuffed. The store owner, once realizing the assaulter was in distress then attempted life saving measures to no avail.