Quanell X defends castle doctrine

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philip964
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Quanell X defends castle doctrine

Post by philip964 »

http://www.click2houston.com/news/quane ... d/27900972" onclick="window.open(this.href);return false;

It did not say if it was at night. I will look further. Murder trial starts soon. From 2012.

Quanell X beef apparently is if it was a white person they would not have been indicted.
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Dragonfighter
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Re: Quanell X defends castle doctrine

Post by Dragonfighter »

I think recent history blows that argument.
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suthdj
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Re: Quanell X defends castle doctrine

Post by suthdj »

Ok if I read the story correctly he came outside found a guy taking stuff from his truck. Then he took the thief's weapon(metal pipe) and beat him to death with it. This is ok by me, but still murder, there isn't really a threat if you took the guys weapon away.
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philip964
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Re: Quanell X defends castle doctrine

Post by philip964 »

http://forwardtimesonline.com/2013/inde ... cumstances" onclick="window.open(this.href);return false;

Here is more. He was charged a year after the incident. The man is black and the burglar is white.

It happened at night.

I don't see why he was charged, since it was at night.
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jmra
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Re: Quanell X defends castle doctrine

Post by jmra »

Observations:
1. Both stories are extremely biased in favor of the defendant.
2. Very little information about injuries received during the "struggle".
3. The guy didn't die until later. Did he receive immediate care for his injuries?

I find it hard to believe that he would be indicted if it went down anyway close to the way the story suggest. I suspect the GJ believes based on information we don't have that he continued to beat the guy well beyond what was necessary to subdue him. If this is a case of him hitting the guy with the pipe one time to get him to stop attacking and the guy dies later from a brain bleed, then shame on the GJ.
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MechAg94
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Re: Quanell X defends castle doctrine

Post by MechAg94 »

I have never hit a guy with a pipe. How many times is enough? Is once really enough? Once might not phase the guy or once might kill him. That is a big judgement call.

I guess I tend to side with the guy who wasn't a thief. Which is about all I know about it. We will see. There would need to be more to it if I was a juror.
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baldeagle
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Re: Quanell X defends castle doctrine

Post by baldeagle »

I did some googling on this case. It appears that without "activists" getting involved, this story would have gotten no publicity at all. This article provides additional details: http://www.dailynewsen.com/business/act ... 02139.html" onclick="window.open(this.href);return false;
In a prior court appearance, prosecutors said that McDonald had told police he chased Ballard away from his tractor trailer, and in the course of the chase, the man turned around and threw the cheater bar at him, but missed.
McDonald picked it up and threw the pipe at him, striking him in the back and causing him to fall, prosecutors said, adding that McDonald told police that he held Ballard down and struck him repeatedly in the face and the head but didn't use the pipe.
A person who was driving by, meanwhile, referred to as 911 and stated he saw a man beating a different man with an object, perhaps a golf club.
When I first read about this case I thought about the Texas man who beat his daughter's rapist to death and never faced any charges. viewtopic.php?f=108&t=55748" onclick="window.open(this.href);return false;

I think this case is being improperly characterized as defense of property. He was attacked. In my opinion, this is a case of self defense. The question is whether or not he used excessive force. Without more information I can't answer that, but unless he beat the guy excessively after he was defenseless, I would be inclined not to indict.
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MechAg94
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Re: Quanell X defends castle doctrine

Post by MechAg94 »

The only additional thing I would add is that I think if someone is truly acting in self defense, a little leeway should be given. I don't think we should judge things with fine lines between walking free and life in prison.
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Re: Quanell X defends castle doctrine

Post by stroo »

If the thief was running away, it wasn't self defense. Even if the thief threw the bar at him, he wasn't in danger if he stopped chasing the thief. So I don't see a claim for self defense here. And if it wasn't self defense, then the Castle Doctrine doesn't apply.

QX is intentionally misapplying the Castle Doctrine here.
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Re: Quanell X defends castle doctrine

Post by cb1000rider »

Dragonfighter wrote:I think recent history blows that argument.
Please ignore facts when speaking about politically charged racial issues. It makes for a much better story.
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Re: Quanell X defends castle doctrine

Post by longtooth »

Drop the sarcasm please & dont let it get personal.
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