kyle breakdown

“To­day, De­moc­rats are cel­e­brat­ing mak­ing in­sulin and child­care more af­ford­able. Re­pub­li­cans are cel­e­brat­ing a vig­i­lante who posed as a medic while killing two peo­ple walk­ing free.”
–Bri­an Tyler Co­hen

“Chris­tians are cel­e­brat­ing Kyle’s ver­dict. Ap­par­ent­ly they for­got the whole ‘thou shall not kill’ part of that book they nev­er read.”
—SHEsus_Christ

“We found a boy in­no­cent, and in do­ing so, proved an in­sti­tu­tion guilty. If the cops can’t pro­tect us, why do we keep buy­ing them tanks? The fi­nal ver­dict is that a ‘good guy with a gun’ makes civ­il dis­course into lethal dis­course. But thank God all the dump­sters are safe now.”
—In­de­cline

“Usu­al­ly I roll my eyes when­ev­er some­one writes ‘AmeriKKKa’ but hon­est­ly, who are we kid­ding?”
—Francesca Fioren­ti­ni

“Lawyers don’t piss me off they’re just do­ing their job. What piss­es me off are ass­hole judges. What piss­es me off are fuck­ing stu­pid ju­ries. What piss­es me off is a human’s cow­ardice when it comes time to ac­tu­al­ly dis­ci­pline some­body else and take re­spon­si­bil­i­ty for what­ev­er charges will fall upon them. It’s eas­i­er to let some­body get off than it is to be re­spon­si­ble for putting them in prison for the rest of their lives. Well, un­less they’re black …”
—Louis Warfield

“Your hon­or it’s not a hit list it’s the names of peo­ple who might scare me while I’m armed.”
—Cur­tis Cook
 

I’m
at­tempt­ing to recre­ate the Sun­day morn­ing News­pa­per ex­pe­ri­ence to­day and fail­ing mis­er­ably.

Do we have news­pa­pers any­more?

Even dog moved her chew­able bed to the hall­way and won’t bring me slip­pers.

 

I’m plung­ing through the re­ac­tions to the Rit­ten­house ac­quit­tal this past week, feeds are full.

The one be­low is also float­ing around – I think the wor­ry now in our coun­try of guns is wat will hap­pen next?
 

Read all of this post. It was writ­ten a year ago and ex­plains some­thing I did­n’t know:

The judge threw out the weapons charge. This 17 year old il­le­gal­ly brought this ri­fle across state lines. Hav­ing com­mit­ted that crime, he would not be al­lowed to claim self de­fense. The judge set it up to al­low a self de­fense plea.

That white child is not a medic. That white child com­mit­ted mul­ti­ple crimes, in­clud­ing mur­der. That white child got away with it.

—Jai Fuzzing­ton
 

From a mil­i­tary le­gal work­er:

I’m see­ing a lot of ig­no­rance and mis­in­for­ma­tion fly­ing around about what hap­pened in Kenosha, and I’m go­ing to set the record straight from a pro­fes­sion­al le­gal po­si­tion… as well as from a for­mer mil­i­tary po­si­tion. I’m go­ing to ex­plain some things from a more tech­ni­cal an­gle de­rived from my many years as a para­le­gal and from my ex­pe­ri­ence work­ing in fed­er­al crim­i­nal jus­tice and pros­e­cu­tion.

Legal­ly, if you are in the process of a com­mis­sion of a crime, it negates your abil­i­ty to claim self de­fense if you kill some­one. As in, it can’t even be en­tered as your of­fi­cial de­fense in court. It is sim­i­lar to get­ting rear-end­ed at a red light through zero fault of your own, but you were dri­ving with­out a li­cense or in­sur­ance. It au­to­mat­i­cal­ly makes you at fault be­cause you weren’t even legal­ly al­lowed to be dri­ving.

That 17 year old in Kenosha had com­mit­ted two crimes and was not even legal­ly al­lowed to open car­ry the ri­fle he used to shoot three peo­ple. This means that he legal­ly can­not claim self de­fense.

An­oth­er key dis­cus­sion is the Cas­tle Doc­trine. Some of you may be vague­ly fa­mil­iar with it, as it is what al­lows you to use dead­ly force when some­one comes into your house un­law­ful­ly, etc. But there are some fin­er points most peo­ple don’t re­al­ize that you gen­er­al­ly have to do some for­mal le­gal stud­ies to know.

First, as soon as some­one sets foot in­side the thresh­old of your home un­in­vit­ed that you be­lieve in­tends to com­mit a crime, you can legal­ly use dead­ly force and it is im­me­di­ate­ly con­sid­ered self de­fense, even if they haven’t made any vi­o­lent threats or ac­tions to­wards harm­ing you.

This is be­cause in every in­stance out­side your home, you are re­quired to re­treat and ex­tri­cate your­self from a dan­ger­ous sit­u­a­tion if pos­si­ble. It is a le­gal man­date, not a sug­ges­tion. Your home is con­sid­ered the fi­nal re­treat point, and legal­ly you should be safe in your “Cas­tle.” There is nowhere else to re­treat to, etc. This is why you are able to im­me­di­ate­ly use dead­ly force.

How­ev­er, it is NOT to pro­tect your prop­er­ty, it is for pro­tect­ing your LIFE. And once the bur­glar, for in­stance, has left your home… the threat to your life is con­sid­ered neu­tral­ized, and dead­ly force is no longer au­tho­rized. So if a bur­glar runs out the door and down the street with your TV, you are no longer al­lowed to shoot af­ter them be­cause they are not threat­en­ing your life. You call the po­lice, you file a claim with your in­sur­ance, and you get a new TV. If you shoot a bur­glar in the back down the street, you can and should be charged with mur­der.

While you are out in PUB­LIC, this means a lot of things ob­vi­ous­ly. It means that there is far more scruti­ny and box­es that must be checked in or­der to claim self de­fense. You must be in IM­MI­NENT dan­ger of los­ing life and limb. Get­ting into an ar­gu­ment and feel­ing scared of be­ing punched by an un­armed per­son? Not like­ly to be a sit­u­a­tion where dead­ly force is au­tho­rized. You MUST re­treat.

If some­one shoots at you or pulls a knife on you in the street, that is dead­ly force and can be met with dead­ly force. But if the per­son is un­armed, you can­not shoot them be­cause you’re afraid of a lit­tle scuf­fle. That is why Rit­ten­house il­le­gal­ly shot the first pro­test­er, and it is one of the many rea­sons it can­not be con­sid­ered self de­fense. The man threw a plas­tic bag with trash in it at him AND MISSED, and Rit­ten­house shot him. He chased his vic­tim and in­sti­gat­ed a fight by bran­dish­ing and flag­ging peo­ple with his ri­fle, be­cause he is an un­trained id­iot with a gun. The pro­test­er was not a threat, and even if he was, all he had to do was re­treat back to the po­lice line. He rushed at pro­test­ers with a gun drawn to pick a fight, and peo­ple are act­ing as if he were just there to keep the peace.

He fired INTO A CROWD, and it’s a mir­a­cle he did­n’t hit more peo­ple. More peo­ple that had­n’t thrown a plas­tic bag. More peo­ple that were just try­ing to protest po­lice bru­tal­i­ty, which is a real is­sue in this coun­try.

And then when he did fi­nal­ly run away, some more pro­test­ers at­tempt­ed to sub­due him af­ter he had al­ready mur­dered some­one, he tripped, and shot two peo­ple try­ing to stop him from shoot­ing oth­ers.

The fact that the po­lice did­n’t ar­rest him and take him into cus­tody right then and there, even if they sus­pect­ed it could be self de­fense, is a grave is­sue with that po­lice de­part­ment.

I could fur­ther dis­sect this sit­u­a­tion, but for now I’m go­ing to end with peo­ple pass­ing around mis­in­for­ma­tion about the vic­tims be­ing “crim­i­nals so they de­served it.”

First, there are no ac­tu­al records of Ja­cob Blake or the peo­ple shot by Rit­ten­house be­ing in the of­fi­cial sex of­fend­er’s reg­istry. None of them raped a 14 year old girl years ago, that is com­plete fab­ri­ca­tion be­ing pur­pose­ly spread by right wing ex­trem­ist sites in or­der to try and jus­ti­fy the shoot­ings.

Ja­cob Blake was in­deed await­ing tri­al for sex­u­al as­sault and tres­pass­ing, and did have a war­rant for his ar­rest. It was not as­sault on a child, be­cause that is a dif­fer­ent charge with a dif­fer­ent ti­tle. On the charg­ing doc­u­ment, it would lit­er­al­ly say that it was against a child. From what is pub­licly known, he al­leged­ly broke into an ex girl­friend’s house and al­leged­ly as­sault­ed HER, but he is in­no­cent un­til proven guilty, and still de­serves his day in court. He could tru­ly be in­no­cent.

Rit­ten­house­’s vic­tims do not ap­pear to have had any record, and even if they did, he could­n’t have known that at the time. You can­not in­sist a shoot was jus­ti­fied AF­TER the fact be­cause “that per­son was a crim­i­nal.” Crim­i­nals have rights too, whether you like it or not, and it is en­shrined in the very doc­u­ments that built our coun­try. If you don’t like the con­sti­tu­tion and bill of rights, I don’t know what to tell you.

This is also not MY OPIN­ION, this is lit­er­al­ly how the crim­i­nal jus­tice sys­tem and our laws work. I hold a de­gree in para­le­gal stud­ies and served 8 years as an Army para­le­gal. I’ve worked for the crim­i­nal di­vi­sion in the Chica­go US At­tor­ney’s Of­fice, and cur­rent­ly work in fed­er­al law en­force­ment. This is what I do for a liv­ing, and I am not pulling this out of my ass, and my knowl­ege is a cul­mi­na­tion of work­ing in the field and be­ing pas­sion­ate about jus­tice for 16 years. I’d be hap­py to send you sources and opines and case law and statutes if you need it. I did not get this from “main­stream me­dia,” and I am not brain­washed by the left. I’m an in­de­pen­dent pro­gres­sive.

May he face jus­tice for what he did, and may we find a way to get on com­mon ground be­fore more fus­es to this pow­der keg are lit.

This has been my Ted Talk.

—Lar­ry Knight, 2 Sep­tem­ber 2020

 

—steve mehal­lo

Flom­mist Steve Mehal­lo is a graph­ic de­sign­er, il­lus­tra­tor, font de­sign­er, ed­u­ca­tor, food­ie and gad­fly. He is the cre­ator and founder of FLOMM! Ad­di­tion­al con­tri­bu­tions by Louis, Lily and Malm­berg.

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