Gotta love jury nullification. FACT - what is legal DOES NOT EQUAL what is morally correct. Reference - slavery, prohibition, British/German colonialism
The fact the TH-camr wasn't scarred for life and never reconsidered his decision is the scariest thing about the whole situation. Some people are just too stupid to learn...
Yep. Acted like an absolute fool during the news interview where his Karen mother tried to make him out to be come jovial innocent kid who was victimized. He learned nothing and is going to do this again.
He didn’t have time to be scared for his life. Literally did you not watch this video. The guy produced a gun and fired a shot in less than fucking one second.
I think the youtuber is a complete pile of idiot trash, but you can't (shouldn't) remove the 1st amendment. Free speech is free speech, whether I agree with it or not.
Then they would ban anything where anyone interviews anyone on the street and even people that just audio and video record from public and say absolutely nothing to anyone. Most people these days don't know what harassment actually is.
Told them to leave him alone, tried to leave, *and was followed by multiple people* : white hat douche, plaid lackey, and whomever was filming. An armed society is a polite society. FA/FO
@@captureoutdoormedia Well a phone can do damage if used as a weapon however the idiot TH-camr wasn't showing any signs of aggressive body language or verbally aggressive language. I'm not American but as far as I'm concerned lethal force is only justifiable when faced with lethal force, verbal threats or body language that can very easily be mistaken for aggression such as clenched fists, a bladed stance and so on......even hands in pockets could fall within that category as you can't see if the person has a weapon in their hands or not. This is a clear case of the typical USA mentality of "Do something I don't like and I'll shot you". Yes the TH-camr was in the guys face and following him after been told to go away and yes there was two of them but none of that warrants lethal force. But can we just think about the dumbass delivery driver who is now re-thinking his decision of what caliber to carry. Dudes lucky the TH-camr wasn't a real threat otherwise he would have been a dead man!
Let's not forget that these pranksters have now ruined this poor dudes life. Imagine selling your home to afford a lawyer after this. And being locked up, losing your shifty Doordash job, losing everything you had saved, begging your family for money, and still being found guilty of stuff in the end and all that goes with having a felony record after he gets out of prison. This TH-camr literally took this man's life.
I remember reading that the driver was a platinum USCCA member and they refused to defend him since the DA hit him with 2 charges. I was considering getting a membership and to be honest I would rather take my chances with an appointed lawyer. I'm not gonna drop stacks of cash on an "insurance" company that is just gonna throw me under the bus.
Yeah, almost like you should operate based on the actual laws where you live, not based on the hope that some for-profit company will come to your defense.
USCCA is just insurance, and it has a lot of fine print exceptions. Law Shield is essentially just having a use of force specialized attorney on retainer and is the way to go for legal defense. I'm actually in Mississippi which would make James my attorney if anything like this ever happened to me. So that's cool.
I'm a member of Firearms Legal Protection and they have lawyers on standby 24/7. Their membership fees also go towards covering all of your legal fees.
Speaking as someone who grew up in a rather rough area I have to agree it's valid self defense. I have first hand seen in more than on instance of an assault/robbery starting out with the attacker pretending to just be fucking with the mark. They will walk up and say some off the wall shit or act goofy as a way to disarm you allowing them closer to either hit you, stab you or shoot you then take what ever you have. So this could have been one of those events and not some moron who makes a really strong argument for abortion.
my thoughts exactly. i lived in a not so nice part of chicago, and that fits the bill. they’ll try and seem harmless so you pay no attention to em, only lost my shit once to learn my lesson lmfao
That's what a lot of folks don't realize. It seems like a ridiculous level of escalation from minor harassment to getting gunned down, but this is literally how people are getting mugged and murdered. By the time you see that they're an imminent threat, it's too late. The only reason a couple strangers get up on you like this is because they have ill-intent.
@@johng3029right quickest way to leave, not quickest way to shoot them. Not saying I feel sorry for the TH-camr one bit but that’s crazy to get that literally triggered that fast. Plus he’s in a freakin mall, not some back alley.
If you walk up to someone and start getting in their face acting bizarre or crazy and they ask you to go away and then they try to leave the situation and you follow them... You get what you deserve.
One thing that confused me about this case was that he was acquitted on one charge because of self defense but he was not acquitted on "Discharging a Firearm Within an Occupied Building". How can they say "you can defend yourself from imminent danger, just not if it happens here".
Compromise verdict most likely. Jury was hung and there was one hold out that just would not let him off the hook. So they compromised and found him guilty of the lesser charge.
This charge has been put on hold until October 19th, tomorrow, because the defense attorney said the exact same thing. They are going to look at it and hopefully dismiss it.
Let's not forget, there were actually 3 individuals harassing the guy. Unfortunately we did not get to see who was filming the encounter. Lucky the dude only had a pocket pistol, aimed low and only shot one of them.
You missed a key point. The jury found him GUILTY of discharging a firearm in a building - a class 6 felony where he can face 1-5 years in prison! It's now up to a judge. Dude has been sitting in a jail cell since April 2.
I had a look at the Virginia statute in question. It appears to be imbecilically broad. It essentially amounts to a 2A violation, since it effectively criminalizes the use of a firearm in public in any situation, with no exceptions.
@@FloofDog44 No kidding. The jury found that he had the right to defend himself by discharging a firearm but he couldn’t legally discharge a firearm to defend himself. That seems like a stupid conflict of laws.
I'm not a lawyer, my parents hugged me, but I can see how this guy had reasonable fear of bodily harm considering how often delivery drivers are setup and how criminals use distractionary tactics.
Two people walking toward you in a mall in broad daylight, doing nothing more than holding a cell phone to your face, does not justify deadly force in any universe that isn't batshit insane. Virginia, in allowing such force to be predicated entirely on what that individual perceived, has a joke of a self-defense law. It quite literally permits anyone to kill anyone else as long as they genuinely fear for their life, regardless of how utterly delusional they may be. That isn't justice. That's gun-fetishizing mania on a state-level scale.
ok sure...... but you still need to ACTUALLY BE AT RISK OF PHYSICAL HARM!!! . he could have said "leave me alone or im calling the cops" he could have said "im armed, leave me alone" "i will shoot you if you dont leave me alone" . or simply drew the gun....and not shot for another 2 seconds to see the "pranksters" reaction (which i bet would be to leave him alone) . . you cant shoot people for being wired and close to you
@@kainhall Never ever tell someone in that situation you're armed, that's insane. If he was 20+ feet away, sure draw and warn but at his distance with the person pursuing, drawing as a threat could be self deletion. He could have tried running away but that's not legally necessary and dude would've followed anyway, that's his whole deal. Seemed a bit much to me as well but as I go over it, I don't see anything legally wrong. He also only popped once and fled, proving he wanted to get away.
@kainhall drawing to threaten? You mean brandishing? Which is illegal. Same with the "I'm armed, leave me alone" comment. Was this over the top for the situation? Yes, but we can only say that knowing that it's "just" a TH-cam prankster. He did try to flee the situation, notice him walking away. It's a shitty situation all around, but the onus is not on the unsuspecting delivery driver with absolutely zero knowledge of the situation other than what is currently unfolding before him. This is a fuck around and find out situation, that's all.
I don’t know that I would have done the same thing, but if you’ve got some massive guy looming over you like a high school bully, sticking something in your face and following you, not to mention he’s got 2 other people with him, I can see how you might feel a bit threatened.
A bit, just a bit? Really? Knowing how often Uber/Lift and delivery people are assaulted, robbed and beaten. You have 3 on 1 and you think you would be a bit threatened? Okay.
@@RespectMyAuthoritaah Somebody’s outraged over here lol. You’re taking my language too literally. “A bit” can be a pretty wide range. Read it with a bit of sarcasm. Like I said, I don’t know if I would have done the same thing. Putting yourself in those shoes perfectly is hard to do. Frankly the more I’ve thought about this scenario, the more I think I would have fired more than one shot. You act like I’m some liberal that doesn’t believe in threats unless they hurt my feelings 😂
Knowing how fast someone can go from harrassing you to beating you I'm gonna say he was justified in fearing for his safety. He was out numbered three to one, obviously out of his weight class, gave a warning, tried retreating. He didn't know if he was gonna be robbed, mugged or what.
Amen to that. Sooooo many people seem to think they can just start blasting if they happen to get offended. This dude walked on the one big charge, but not on others. And even if one is ultimately vindicated, there will still be thousands of dollars in legal fees, time off work, and various social repercussions. It really should be an absolute last resort.
Fellow Florida attorney here, go Florida man! Job security at its finest. Reasonable apprehension of harm, two men vs one, one much larger, playing message involving swearing and giving a comand which could reasonably be interpreted as being confrontational. They were told to stop, they didnt and continued pursuing delivery man, he attempted to push away the phone and hand of the larger one, again telling him to stop. Simple battery levels of force didnt cease the conduct. One shot fired, no mag dump or maliciousness considering one shot, (and .380 in Texas is considered a weapon only capable of simple battery levels of force) the threat stopped, and in turn so did the delivery man. Absolutely justified. P.s. James, you should totally start the Fuck around and Find Out awards. Given out monthly. Then do a collaboration with Brandon Herrera to make a once a year "Fuck around and get Darwined' Out" special.
@killer13324 Fuck it, guntube wide collab. Make it a whole convention, sell tickets. Demo, Kentucky, Doughnut, Brandon. If tween vine stars in the early 2000's could do it why can't they? You know, dudes with more than two brain cells and who actually have some skill and/or talent.
@greddy63t If you're referring to my comment above, thank you sir. If you're referring to the video breakdown absolutely fantastic coverage and analysis on part of Mr. Reeves 👏.
Another recent case where a person used a pocket .380acp was FL vs Reeve. Reeve a 👴🏻 older man, retired Tampa PD captain killed a larger, young guy in Wesley Chapel FL. The media termed it the 🍿 case. The courts took 8+ years but Reeve's was cleared, not guilty.
Exactly, a lot of people don't know what it's like to have two men physically confront you - just seeing the video doesn't equal in any way what it's like in real life to get involved in a physical confrontation. The worst thing about this story is the guy wasn't carrying a gun with some .45 JHP as this 'prankster' is still walking around amongst us.
That guy was super weird, that stealthy gun draw and shot... i mean, if u carry a firearm u should learn some stuff... maybe get some distance on these guys and point the gun on them and tell them dont come closer or something. dont know if his firearm was legal, but if, he never should be allowed to have one.. iam sure he would kill someone else later.
lol he literally did tell them to stop and backed away, more than is required in his state for a lawful defense. He drew and fired one shot that hit his target in a single motion. that isnt recklessness, that is how you are supposed to do it. If this wasnt legal, the driver would not have been released. @@TommyWiseaoou
@@magicalfungi3206 he saw his oppenents hands, that he had no weapons on. he was walking slowly with the stuff in his hands and then sneaky shot that guy, ofc he said stop it.. but he could drop that stuff, draw that gun and go fast backwards and show his opponent, hes serious with what he does. iam not defending that st*pid guy with the phone but for me that guy who shoot is a weirdo and a danger to public safety. he never should have a firearm and he should go to jail or a mental health hospital for what he did.
@@JamesReeveswhile I personally believe he should have at least pulled his piece and warned him first…if you’re gonna continue to harass someone that is telling you to fuck off and is visibly showing signs of getting mad/scared…that’s natural selection just running its course at that point
Nah if ur gonna draw you better be ready to use it. Idk if there are any penalties in VA for brandishing a firearm. So the driver is lucky af at the end of the trial due to VA laws
@@Wind_slash0Such a goofy fuddlore statement. If you present a firearm because you’re in fear for your life and the situation defuses that’s a goofy mindset to have.
@@chizdip8192 exactly; don't feel bad for the "victim" in this case because he deserved it, but legally it is dubious to call this self-defense; I would be very hesitant to mimic the actions of this defendant because I've seen juries go the exact opposite way; claiming self-defense is almost always a toss up (except Rittenhouse; that was clear cut self-defense and his prosecution was so grossly politically motivated--as an attorney, I was appalled).
As a Uber/Lyft driver, I'm sure he was aware of attacks against people in his profession. Being pursued by three people coming from two different directions he was justified in his reaction.
That’s not how self defense works. The interaction was extremely short and absolutely no threat whatsoever was presented. It’s absolute insanity to argue otherwise.
@@TonioD49 Except that's exactly how self defense works in court. It's what a normal person would perceive as a threat of serious bodily harm or death. To argue that a case in which the person was found not guilty is "not how self defense works" is insanely incorrect.
I really like this content, man. lacking in tight shorts so I can't give it a 10/10, but you are very well spoken, articulate, and genuinely funny, so it makes for easy listening. and you broke the situation down very well and made the legal stuff very digestible for the layman. keep it up man.
@JamesReeves I think you should consider reaching out to PenguinZ0/Critikal. He's a huge content creator who's covered this case on his channel. He has an interest in firearms and self defense as well as a distaste for "TH-cam pranksters." Would be cool for his following to see this and I think he would get some mileage out of it as well.
The posturing the TH-camr made would absolutely qualify as a threat in my eyes. Every time something like that has happened to me, violence ensued (which is only twice but still)
You also look at the guy's state of mind in VA (and LA, for that matter). I wonder if he had been attacked before or if DoorDashers have been subject to random violence. I'd be willing to bet that would be admissible in explaining why he felt the need to use deadly force.
@JamesReeves I live in the south east corner of Virginia, and I drive DoorDash sometimes. I'm not aware of attacks on Door Dash drivers being a particular problem in Virginia, but I am also aware that Door Dash drivers *are* targeted the same as pizza delivery drivers. Which is weird to me because I never carry cash, or anything worth stealing. Maybe not all Door Dash drivers are smart enough to leave valuables at home? But I do keep a lead injection device on me in case someone wants to FA/FO.
@@jsmith6145 ah, Portsmouth. Virginia's little slice of Chicago. I avoid that city as much as possible. I really don't even like going to Norfolk or Newport News.
@cavalieroutdoors6036 I went to K9 school in your area (Franklin/Carrsville). We did training all over that area to include Newport News and Norfolk. I wouldn't return there ever without carrying my lead injection device. God bless you for being a driver there.
If someone who's bigger than you and dressed like a thug follows you after bein' told to stop, that counts as a threat. The DA and the Jury were wrong in this case, not Alan.
Maybe we need a "Sub Human Behavior" law where if a person acts in a way that creates unnecessary fear or confusion then the court must treat the case as if you defended yourself against an animal.
He was defending himself against that pathetic TH-camr. Slamming your phone into someone's face is nothing short of assault. That pathetic TH-camr was not only committing harassment but also posing as a threat.
I just checked this guys TH-cam channel out and apparently he has gained thousands of new subscribers since the incident took place. However, judging by the comments of his recent videos people are just subscribing and watching to see the prankster get shot again and are actually rooting for him to be shot. I’m sure the prankster doesn’t care if his exposure is good or bad. He knows that the more clicks and views he gets the more money he receives from TH-cam
I think James should do a version where he confronts and insults random actual guns, trying to provoke them. Interestingly, despite the anti-gun narrative, he'll never be shot.
The delivery guy, clearly acted in a manner to be left alone, asked to stopped, attempted to leave the area, was pursued. Probably has been robbed before doing deliveries. I think he did everything to get out of the situation, the prankster is lucky he isn't in the morgue.
You can clearly see that the delivery driver felt threatened by the look on his face. The person accosting him was very much larger than him and wouldn't back off.
Lesson to learn here is: You don't get to determine the level of the next person's fear once you've provoked it. As a Veteran with PTSD and many like myself have struggled with social anxiety I've wasted years living in the Shadows grocery shopping at 2am, avoiding crowds, head on a swivel sort of thing, Extreme confrontation avoidance. Situational Awareness at Max levels all the time, thats no way to live and dudes like this make it even more difficult.
That's way too wide open. Next thing, you'll misgender an individual and they'll open on you because their step dad called them "dude" when in an abuse scenario.
Semper Fidelis, I feel you on the lurking in the shadows thing. I really hate crowds and when strangers talk to me it makes me feel suspicious specifically because of my area. How can we say that he overreacted by shooting? I would’ve shot and I wouldn’t have retreated, this scenario is very likely when people don’t treat others with respect.
@@MakinMoneyISeasy 🤦♂️ Social Media ... Expectations & Determination aren't remotely the same thing, establish a functional understanding of the difference between the two, before you shop a strawman argument around fishing for an argument or debate. Unless you have no other motive.
My favorite part of all this is the precedence set by this case. “It’s just a prank bro!” Is no longer a legal blanket these dipshits can hide behind anymore.
1) It's spelled "precedent", and 2) that's not how it works . . . . at all. Precedent is the result of judges' written opinions, not jury verdicts. 3) Even if it were precedent (which, again, it is not), it would only apply for the state of Virginia. Source: Me.
@@mtthwpnn It may be the latter two, but it certainly isn't pedantic. I corrected a (significantly) incorrect statement, and (hopefully) cured his ignorance so he won't make the same nonsensical comment in the future and will not embarrass himself any further.
Big guy acting very strange and closing personal space, well within 21 ft. which is the recognized danger zone. Same as robbing people with a toy gun...a threat is a threat.
I'm 5'6" tall and stocky. A 6'5" tall guy and his buddy doing that to me would put me on edge for sure! However, as a 'Monday-morning-quarterback', I don't think I would have shot the guy at that time. Perhaps if they chased me out of the food court? That's a tough call when you don't know what's going on and three guys are being aggressive. Keep in mind, there were two accosting the guy and one filming it. People always seem to forget that third guy...
having an aggressive and large person put his hand near your face near your ear will put alarm bells ringing on anyone. its a large guy and another guy vs a small guy
My first thoughts were like “wow, he couldn’t have warned the guy or tried to get away?” But after thinking about it, no, not really. He did try to get away, he said “stop” multiple times and pulling the gun out to do anything but shoot it could have resulted in the gun being snatched away. If he believed his life was in danger, he did what he had to do. I use the deadly force triage: capability, opportunity, and intent. I think all three were met.
I agree. When you realize having these three ganging up on you acting weird you have no idea of their intentions, aside that it is not for good. They are acting hostile and if it was just 1 dude you could argue for a less deadly counter offensive.
These legal breakdown videos are awesome. I much prefer your presentation over many of the other lawyers on TH-cam who deliver everything dry and devoid of any soul.
There is one (I cant remember his channel) where he put himself in embarrassing situations to film other peoples facial reactions. One of the video he mentions getting his GFs sister pregnant and her mom to. The reactions were hilarious.
I agree this could have gone either way but the delivery guy was outnumbered, had no clue where it was going, told them to stop as well retreat himself and with no other factors to take into account other than the way things are these days, I think giving the delivery guy the benefit of the doubt was the right thing.
I agree. By the way, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call, it goes to the defendant. However, some states have a lower bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests with the defendant to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063
People shouldn't need an excuse to be left alone. People who seek attention at others expense need to be shut down. With all that goes on these days you should leave people you don't know alone.
Love seeing content like this... Self-defense cases are such a turkey-shoot to begin with... I don't think a jury in a different state would have the same out come. A series on self-defense would be great.
Heck, this could have happened in a different county and the results might have been way different. It's one of those "ask 3 juries and get 4 answers" kind of things.
It's a lot like the FL vs Reeve 🍿 movie fight case. That was pushed for 8+ years! 8! Reeve was cleared, not guilty. He used a small .32, .380acp gun too. The other male was around 6'04".
I think the permanent impairment happened at the guys birth. 😮 If you make a living from pissing people off, you are kind of asking for some kind of horrible retaliation to come your way at some point. This might be considered excessive, but it might also have stopped him confronting the guy that would have killed him. No way to prove that, but food for thought.
Be glad that driver wasn't trained the way I was. "Never pull your gun unless you intend to kill." "Shoot until the target is down." A very different story... and frankly I would not have been sad to hear it. I class this dude in the same category as the people who dress up in costumes to scare others. That's a solid way to catch lead. "OH SHIT VIOLENT CLOWNS EXIST" and brain is on autopilot maximum violence.
As a woman and former deputy sheriff and Navy veteran that moved from CA to VA recently, I really want the thank you for this video. I carry a .380 on me because I'm a single mom who wants to protect her autistic son and disabled mother. Sometimes guys when they are way bigger than me try to intimidate me in public for various reasons and I'm usually able to get out of the situation. I do fear the day when my words won't help and i fear what would happen if i had to use less than or even lethal force to protect my family. This video gives me a much better understanding of the local laws of my new home state.
FYI, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call in those states, it goes to the defendant. However, some states have a different bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests *with the defendant* to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063. I don't know what the standard is in VA, but I wanted to point it out.
@@JamesReeves thank you so much! I'll definitely look into it. I recently had to use my wrestling skills to subdue my ex after they broke my child's arm and I'm now going to court here in VA because my ex is pressing charges. Not trying to get any free legal advice but just stating this because I wonder what would have happened if things escalated further since there are firearms (kept secured) in the home. As well as what I previously mentioned. Btw, no adult should ever harm a child to such extent IMO
@@eloogah9861 don’t follow someone that’s asking you to stop and they won’t feel threatened. If he had been disabled or a female you wouldn’t even be talking about this, but because he’s an adult with a beard he’s expected to be assertive and throw hands when words fail (I bet you’ve fought a lot of 1 vs 2 fights before)
@@devanmitchell3017 Nope a 4’5 disabled blind albino woman shouldn’t shoot someone in a public mall before any yells for help or anything for someone walking towards them in again a public mall
I absolutely agree you should do more videos like this, reaction videos within this category always do well and provide a steady stream of views based off the other channels I watch, especially when it's tied to a profession such as "Doctor reacts" or "Lawyer reacts". Could also be a great way to spread firearm tactics/self-defense education amongst the 2A community
If that was me, I absolutely would have considered this an attack and feared for my safety. Often this is the distraction part that allows the other people to sneak up on you and assist in the harm that follows. Especially since there were 2 people against 1 person.
@@davidhoffman6980 No, and that makes it even worse for the pranksters imo. If anything it makes the guy's case tighter as he was outnumbered even more than he was aware, with what he was aware of being just enough already.
@@davidhoffman6980 You clearly don't understand what I am getting at. If two people are presenting as violent or aggressive (getting up in someones face is assault, not gonna argue that with you), and you defend yourself, only to later learn there was even more individuals in on that, that is even more justification and certainly can be used as evidence. Get away drivers get charged all the time. I don't know why this is a hard concept for you? Are you a prankster asking to get shot?
@@TheRealStrawthe 3 dudes larger than the shooter who were actively cornering the shooter? That's grounds to defend yourself. I know, I know. You're a big internet keyboard warrior and you wouldn't be scared. We know, you don't need to fling your cock grippers and tell us about how tough you are.
Yeah I 100% support the 2nd Amendment and own several guns myself but this blows me away, the guy had no weapon, said or did nothing threatening and was just holding out a cellphone with a text-to-speech saying something stupid. Guy drew and fired with no hesitation at all without any indication he was under attack. I understand these situations are confusing and happen quickly but there is nothing at all that I saw that even hinted he was in danger. If it were me I wouldn't have even considered reaching for a gun, I'd just tell the dude to piss off and stop harrassing me. I mean he could have even just brandished the firearm if he didn't know if he was in danger or not, but he went straight to lethal force. Prankster should be charged with harrassment though, not saying the dude who got shot wasn't being an ass.
@@TheRealStrawthe LEAVE PEOPLE ALONE defense!!! See what happens when you don’t leave people alone. Whether the guy is guilty or not, the prankster caught a bullet in the brisket. Just leave people alone and this doesn’t happen
I don't think it was "a good shoot" but it certainly wasn't "a bad shoot". I know that's dumb, but the two dipshits were deliberately trying to instill a "fear of death or great bodily injury." But, I'm not sure they achieved that level if fear, but I'm 6'4" and that dude looked to be be 5'8" or so. No way should the Uber Eats guy see any jail time.
FYI, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call in those states, it goes to the defendant. However, some states have a different bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests *with the defendant* to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063
VA code 18.2-60.3A is informative: " ... If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after being given actual notice that the person does not want to be contacted or followed, such actions shall be PRIMA FACIE evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself ..." The law regards stalking and the issue is following after being told "no" ... AFAIK neither side brought this up at trial. Yet the shooter was in fear and told the offending party to stop whereas the offending party continued to follow.
I agree. If this went to trial again it could have just as easily gotten a 'guilty' result. I have a lot of smyhpathy for the victim but I'm not sure *deadly* force was the correct response in this case. I certainly wouldn't have shot myself, or even drawn when he did.
When thinking straight with no stress & with a wide angle view from far back, it does not appear to be a drawable event. But up close, under stress, with a giant repeatedly in his face, it may be legitimate mistaken fear. Note to aggressors: If you scare one enough, expect them to fight for their life. I agree with you & the jury.
"mistaken" has no place in it... it was legitimate fear. two dudes get in your face, one of them at least 6 inches taller than you, and refuse to leave you alone after you tell them to leave. he had every reason to be afraid, no one knows what another intentions are in a situation like that... harmless prank or a beating on video... the driver has no reason to think they arent a threat the way they are acting.
This prankster might have just filmed his funniest video yet. Just kidding I've seen this guy's work before and I am kind of surprised that it took this long for something like this to happen to him. Hopefully we all learned a valuable lesson from this and don't carry anything smaller than 9mm.
9mm wouldn't of kill at that shot placement Even 22 can kill but modern 380 SD ammo is still really potent Shame the brute has enabler parents that see nothing wrong with his behavior and still encourages his harassment of others
I'm 52 & a ccw user, security officer. I say often .38spl +P or .380acp is the smallest cal I'd carry. 9mm +P is fine. Lurch would of got 🛶 if he was doing his "prank" with me. His mom would be on NOVA/DMV media saying how some armed veteran zippered her poor baby!!! 😭
so he actually didn't discharge a weapon in a public place? I mean it's pretty cut and dry in the video, the mall is a public place and he discharged the gun in the mall. Did the guy deserve to get shot, absolutely he did he was/is an asshole but the shooter did shoot his gun in a public place.
@@NonLegitNation2 yeah and that's why he is going to jail for 5+ years. Why defend yourself at all when this charge accompanies it even if you were not in the wrong? Asinine "law" in the sense of letter vs. spirit when accompanied in justified self defense.
@@NonLegitNation2Let’s say that this wasn’t a TH-camr being a moron, and was a group of guys about to attack the driver to rob him, or worse, let’s say you’re in a park at night and someone comes at you with a knife. Do you get attacked, or do you defend yourself? If they decide it’s a public place, your life is ruined either way. Most employers won’t consider you if you have a misdemeanor, good luck with a felony. The law is cut and dry, the logic is murky and actively harmful. This law should never apply in a self defense case. It was not the intention when it was written. Think outside of the context of this one situation and you’ll realize how horrible it is. Near a park? Public place. Near a bus stop? Public place. In a parking lot? Public place.
@karalyzel3177 The problem is that there was nothing of significance to justify lethal force. He was acquitted of the charge for shooting the guy only because it indicated that he wanted to shoot the guy from the beginning of their interaction. Which isn't true. However, someone holding a phone up isn't grounds to justify lethal force. A knife, absolutely. I know y'all are salivating at the idea of being allowed to murder someone for something so trivial. However, that will come back to bite you in the ass as well. Get into a minor argument with someone. They delete you. Jury aqcuits because "he said a bad word, and his body language made me fear for my life." Careful with what you wish for.
@@portland675 Sadly you guys don't understand that the person just has to feel thier life is in threat which can be a very low bar depending on the person. Better to just not fuck with people.
@TonioD49 it was definitely defending him self from 2 to 3 individuals approaching on him even after he told them to stop as he is carrying food for a paying customer. And with a steady increase of these workers getting robbed it was hundred and ten percent self defense
At first glance of the video I thought the defendant was screwed, but once you teased it out I can definitely see it being a fair case of self defense.
One factor I think also was a factor to acquittal would be fired a single shot and kept retreating. That does not equate to intent to cause grievous harm especially when considering it did stop the threat and was only force used.
And there are two other assailants. The smaller guy following the big guy around and the camera man. Plus the assailants are spread out. This is often done so that the prey item cannot cover all avenues of attack.
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life”. -Heinlein, Beyond This Horizon. A quote often used out of context, but well describes this scene. An interesting comparison to the book, which depicts a utopic, yet often violent world, where armed members of society deal with minor incivilities via duels, and politeness has a constant edge to it. The quote finishes, “…gunfighting has a strong biological use. We do not have enough things to kill off the weak and the stupid these days. But to stay alive as an armed citizen a man has to be either quick with his wits or with his hands, preferably both. It’s a good thing.”
The guy is still in jail for discharging a firearm in public. His lawyer is contesting that bc the self defense aspect of it should negate the firearm charge. Probably the ideal response here would've been pepper spray. I don't feel like the youtuber found out enough.....
Thanks for the breakdown, I really like these kinds of videos. I’d bet that if this exact same scenario happened a dozen more times across the country, the defendant would lose more often than win.
Clearly that’s justified self-defense. He was assaulted by a much larger man who was behaving abnormally and unpredictably. Anyone in his position could fear for their safety.
I had a run in with these morons a while back near Dulles Town Center at Home Depot. Was visiting the area and getting a few things and the big fella that got popped walked up to my brother and myself saying some guy was being weird filming us. The guy with the phone was just barely scooting his feet coming down the aisle towards us. Within a short period I realize they are most likely together and the big fella was just hanging around aimlessly looking at stuff a few feet from us. I told both of them to move on I wasn’t in the mood for their prankster crap. They moved on and I told a young associate what they were doing and they said they had been in before pulling the same thing. They eventually left and I watched them get into a vehicle parked way away from the building. I can’t believe this guys parents haven’t put their foot down with his antics even before he got shot. Part of me thinks it was all a rouse for more publicity. The times we live in!
When this first became public, it was said that the prankster's TH-cam channel is monetized. If so, his parents may be encouraging him to go out and be a dick to other people so that there's always fresh videos to make him a paycheck.
Fully justified… delivery drivers are a hot target for robbery, and I’m sure that was something he was thinking about with two dudes aggressively accosting him, and continuing to pursue him after three pleas for them to stop, and using a phone as a distraction.
@@TonioD49 there was. It just was very abstract and not explicit. Simpler minds like yours will need to see 'knife', 'gun', 'fist' 'punch' before you consider a threat. This huge fat guy was lording over the man, playing bizarre messages to him, staying in his space, and staring at him like a demon. If YOU arent threatened by that kind of insane behavior, then thats YOUR failure of perception. Anyone who is that passively abusive to another person deserves to be pushed back for their disrespect and intimidation, and this arguably constitutes a passive threat. Not saying it will pass in court but thats not really my consideration. People should not get a pass for harassing and abusing other people for fun, especially when they keep doing it and dont stop when asked. When you dont allow people to say NO to being abused, with force, then you are saying they should be allowed to be abused and made the butt of some demented thug's little internet joke video
That’s what I seen was an attempted robbery regardless of what that idiot said he was doing. Dude was acting like a fucking scumbag fixing to run his pockets.
@@TonioD49I'm sure we'll all remember that next time you're up against 3+ large, fighting age males that are no less than 1 foot away from you and following you, no threat... what a child. If this ever happens to you I expect you to fall on your sword and take a beating and get robbed then not press charges, because after all, no threat what so ever, right?
@@hawk9mm I’ve had a black dude in a ski mask outside a bank in the ghetto of Sacramento threaten to shoot me while three feet away in a closed off corridor and I didn’t even pull a gun let alone shoot him because I’m mentally stable and was simply ready to do it if I had to while watching his hands. Also, your description of this interaction is extremely dramatized and shows that you’re just looking for any excuse to shoot some kid that’s not even a thug because they annoy you. There was no threat, you’re just a sheltered little man with an ego problem or mentally unstable. Maybe both. “Fighting age” lmfao….CNN level dramatization.
I think you have to take into account that the man doing the shooting is a delivery driver. Delivery drivers, Uber/Lyft drivers, Taxi drivers are often the target of robbery. I think you have to consider the possible mind set of the shooter and his fear of the potential for violence committed upon him.
Right on. Facts are clearly shown in the vid ( and do you notice this video was made by a fourth person?): fact pattern consistent with common mugging- outnumbered, larger, physical and antisocial aggressive confrontation; victim objects, retreats four times total (steps backward, talks, steps backward again, talks, walks sideway, turns and leaves)- which retreat is evidence of intent to defend proportionally. I think wienieness of prosecutors, judge and jury account for secondary charge- because in principle if deadly defense is justified THEN THAT FORCE IS JUSTIFIED. Blame the felony conviction on DC suburban gun hatred politics.
Damn man, that's a good point. I never even thought of that part of it. But you're 100% right. There was a period of time when delivery drivers in my local area were getting robbed at knife point by multiple assailants on the regular. Back in the cash only delivery era
As someone who lives in Northern VA and used to work at that mall. I would say, it's a mixed bag to what you'll find in behavior of aggressors. I've seen brawls, drive-bys, weapons brandished, jumping, all kinds of gang stuff down to drugs heads and drunkards with beer muscles, to the worst of the bunch wealthy twits that think they can do whatever they want cause their parents are wealthy and can afford a lawyer to get them off whatever dipshit thing they do. I wouldn't have handled it the same, but that's cause I'm older and have seen enough to read the type, but at the same point I can genuinely understand the perspective of not knowing how that's going to go down and being fearful for ones well being and life.
I am a law enforcement and private security instructor in Virginia. I even wrote some of the approver state curriculum and under the letter of the law, as long as the guy believed he was in danger, it was lawful. Also, in VA, the State defense law is all case law, and not statute.
James, I really like the content you've been putting out lately. This was really awesome, all responsible gun owners should understand the law and when they can use them!
JJ is the man.. Local New Orleanian proud.. Best Gun Tuber on the net Met him once in downtown Nola walking to the office.. So cool, down the earth.. great guy
Looking at the totality of the circumstances from the driver's perspective, I'd vote for acquitting based on self defense if I was one of the jurors. A lot of people also miss that this was a 3v1 situation, because the person holding the camera we're looking through is also a participant.
I've been watching your stuff on and off for about 5 years now, and I'm only learning now that you're a lawyer. That's either a comment on my own lack of perception or a comment on you doing well about keeping your personal life out of TFBTV.
I have to say that there was no hesitation from when the delivery driver pulls the weapon to when he fired the weapon. It was smooth, quick, and practiced. He didn't say anything, he just went to work. I'm not saying that he was right, but the TH-camr put himself in that position.
As someone from the UK I’d have done the exact same thing in his situation tbh He gave a fair warning and the harasser was right up in his face, alongside another guy, he probably didn’t know about the cameraman or at least his intentions but in total, 2 guys he knows of within range to do serious damage and a third he potentially knows of but not what they could do. You saw how quick the delivery driver pulled out his firearm, now imagine how quick the other 2 could pull out a knife or gun of their own.
@@skepticalbadger let me come to you and get in your face. Harassment is considered a “violent” offense Do you remember how Steve Irwin died? It wasn’t because they left a stingray alone. They harassed the stingray. so the stingray fought back.
@@Sig_P229Yeah, this idiot isn’t Steve Irwin. The two inside to are completely different You’re dumb. The idiot prankster got what he deserved. And it was justified.
I was on a jury here in MS for a case where the guy shot a family member in his home and charger with agg. Assault. Deliberation only lasted about an hour and only was because one lady on the jury who never owned a firearm. It's crazy how much time aggravated assualt.carries in MS
I live in a stand your ground law state...Last year i had someone who has had a record of harassment and assault in his past and also has had a history with me multiple times when we was in our early 20s...its been over 10 years since i had seen ot heard about him...well last year i was in my town picking up some groceries from my supermarket and as i was walking out to my car he comes up behind me and starts screaming and threatening to hurt me and my family... well i do Carry and due to his history i wasn't taking a chance. I wasn't charged with anything and he is still around but i think now he has developed a bit of ptsd with firearms and loud bangs...it must suck for him on the 4th of July 😅
Agreed James, it goes to the edges but it is within what can be reasonably so disposed. Jury hit him on the lesser charge of discharging a gun in an occupied place and I believe their thinking was, "ok, everyone here did something we'd rather they had not, but it's ridiculous to give this guy 20 years for something like this; what's the least of all these charges that applies?". And yeah, the obnoxoid doesn't seem to have suffered any permanent incapacitation. But hey, that .380 goes a few inches over into the aorta and he'd not be leaving the Food Court.
If you are allowed to shoot someone in self defense, and for the sake of argument, let assume that all the criteria were satisfied since he was found not guilty, how can you shoot in self defense WITHOUT discharging a weapon wherever you happen to be attacked?
DA: "This is attempted murder, cut and dry."
Detective: "It was a .380."
DA: "Ok, maybe it was aggravated malicous wounding."
Lmao noooooo 😂
No This was clearly fear and utilization of defense. He ask to be shot and received his request.
LOL
Facts
Gotta love jury nullification.
FACT - what is legal DOES NOT EQUAL what is morally correct. Reference - slavery, prohibition, British/German colonialism
The fact the TH-camr wasn't scarred for life and never reconsidered his decision is the scariest thing about the whole situation. Some people are just too stupid to learn...
Yeah. Dude actually said he would continue doing his prank videos. Almost took the tile floor temperature challenge and learned *nothing* from it.
Yep. Acted like an absolute fool during the news interview where his Karen mother tried to make him out to be come jovial innocent kid who was victimized. He learned nothing and is going to do this again.
Dude rolled a low INT score.
He didn’t have time to be scared for his life. Literally did you not watch this video. The guy produced a gun and fired a shot in less than fucking one second.
Hopefully natural selection catches him.
The fact that his mother laughs at his idiotic public behavior instead of slapping him upside the head explains a lot.
I think the mom & son are "close" 😘.
"It's just a prank bro"
when you get raised by stupid parents you get stupid kids🤪🤪🤪
I thought that was his lawyer. The way she quickly says "lets go" so he doesn't make it worse lol.
@@johnandrewserranogarcia7223She is definitely used to deflecting his dumb ass behavior
TH-cam should ban the entire genre of harassment pranks.
Instead they ban loading guns on camera 🤔 seems a bit odd doesn’t it
they banned pranks, harassment against peados, thats all you need to know
I think the youtuber is a complete pile of idiot trash, but you can't (shouldn't) remove the 1st amendment. Free speech is free speech, whether I agree with it or not.
Then they would ban anything where anyone interviews anyone on the street and even people that just audio and video record from public and say absolutely nothing to anyone. Most people these days don't know what harassment actually is.
They ban actual science and fact filled videos, but allow this type of video where someone profits from intimidation and so called pranks?
Former law enforcement speaking here. The shooter was clearly in fear. Tried to walk away from the jerk but was followed. Justified self defense.
Told them to leave him alone, tried to leave, *and was followed by multiple people* : white hat douche, plaid lackey, and whomever was filming.
An armed society is a polite society. FA/FO
Defense against a 1st amendment right, as opposed to a lethal threat or SBI threat..got it
Ask the question: reasonable fear of death or SBI with a phone shoved in your proximity. No weapon, no threat of SBI or death..hmmmmm
@@captureoutdoormedia Well a phone can do damage if used as a weapon however the idiot TH-camr wasn't showing any signs of aggressive body language or verbally aggressive language. I'm not American but as far as I'm concerned lethal force is only justifiable when faced with lethal force, verbal threats or body language that can very easily be mistaken for aggression such as clenched fists, a bladed stance and so on......even hands in pockets could fall within that category as you can't see if the person has a weapon in their hands or not. This is a clear case of the typical USA mentality of "Do something I don't like and I'll shot you". Yes the TH-camr was in the guys face and following him after been told to go away and yes there was two of them but none of that warrants lethal force.
But can we just think about the dumbass delivery driver who is now re-thinking his decision of what caliber to carry. Dudes lucky the TH-camr wasn't a real threat otherwise he would have been a dead man!
i agree and if the shooter was female no one would even be arguing about this
Let's not forget that these pranksters have now ruined this poor dudes life. Imagine selling your home to afford a lawyer after this. And being locked up, losing your shifty Doordash job, losing everything you had saved, begging your family for money, and still being found guilty of stuff in the end and all that goes with having a felony record after he gets out of prison. This TH-camr literally took this man's life.
Dude's walking out, the jury ruled in his favor per th-cam.com/video/ZuxINiw2smI/w-d-xo.html
That would be the worse, no more firearms after protecting yourself.
Exactly, and obviously the prankster is a trust fund baby
When the heck did any of this happen?
Did this happen?
"Social media made y'all way too comfortable with disrespecting people and not getting punched in the face for it."
- Mike Tyson
100%
He never said that... _"I like touching adolescent girls"_ --@epicsasquatch452
A misquote, and you are a liar.
@@Longtack55"Don't believe everything you read on the internet."
- Abraham Lincoln
I remember reading that the driver was a platinum USCCA member and they refused to defend him since the DA hit him with 2 charges. I was considering getting a membership and to be honest I would rather take my chances with an appointed lawyer. I'm not gonna drop stacks of cash on an "insurance" company that is just gonna throw me under the bus.
Absolutely insane. USCCA under the hood, does not sound like a good option the more I read.
Yeah, almost like you should operate based on the actual laws where you live, not based on the hope that some for-profit company will come to your defense.
Check out attorneys on retainer they do not do that.
USCCA is just insurance, and it has a lot of fine print exceptions. Law Shield is essentially just having a use of force specialized attorney on retainer and is the way to go for legal defense. I'm actually in Mississippi which would make James my attorney if anything like this ever happened to me. So that's cool.
I'm a member of Firearms Legal Protection and they have lawyers on standby 24/7. Their membership fees also go towards covering all of your legal fees.
Speaking as someone who grew up in a rather rough area I have to agree it's valid self defense. I have first hand seen in more than on instance of an assault/robbery starting out with the attacker pretending to just be fucking with the mark. They will walk up and say some off the wall shit or act goofy as a way to disarm you allowing them closer to either hit you, stab you or shoot you then take what ever you have. So this could have been one of those events and not some moron who makes a really strong argument for abortion.
I've lived in rough areas too, seen this a couple times - someone you don't know comes up to you acting funny then you find the quickest way to leave.
my thoughts exactly. i lived in a not so nice part of chicago, and that fits the bill. they’ll try and seem harmless so you pay no attention to em, only lost my shit once to learn my lesson lmfao
That's what a lot of folks don't realize. It seems like a ridiculous level of escalation from minor harassment to getting gunned down, but this is literally how people are getting mugged and murdered. By the time you see that they're an imminent threat, it's too late. The only reason a couple strangers get up on you like this is because they have ill-intent.
@@johng3029right quickest way to leave, not quickest way to shoot them.
Not saying I feel sorry for the TH-camr one bit but that’s crazy to get that literally triggered that fast.
Plus he’s in a freakin mall, not some back alley.
If you walk up to someone and start getting in their face acting bizarre or crazy and they ask you to go away and then they try to leave the situation and you follow them... You get what you deserve.
that's it right there
It’s just disappointing that the dickbag survived.
Sorry but shooting someone because he is holding a smartphone in your face? That big guy looks like he is retarded or on drugs.
We live in a society.
Sorry I just had to quote that like after what you said
indeed, FAFO
One thing that confused me about this case was that he was acquitted on one charge because of self defense but he was not acquitted on "Discharging a Firearm Within an Occupied Building". How can they say "you can defend yourself from imminent danger, just not if it happens here".
Compromise verdict most likely. Jury was hung and there was one hold out that just would not let him off the hook. So they compromised and found him guilty of the lesser charge.
Mall probably bans guns
This charge has been put on hold until October 19th, tomorrow, because the defense attorney said the exact same thing. They are going to look at it and hopefully dismiss it.
It still sucks that this guy was in jail since April over this with no bail. Now, the state is like "oh, you're ok now. Our bad!"@@JimYeats
@@MacNCheesePro Agreed, but hopefully the hearing tomorrow resolves it.
Self defense and a public service.
Let's not forget, there were actually 3 individuals harassing the guy. Unfortunately we did not get to see who was filming the encounter. Lucky the dude only had a pocket pistol, aimed low and only shot one of them.
lucky for who? not civilized society
@@grabbagool civilized society=mass shooting?
@@grabbagoolIndeed. On a civilized society the youtuber would be hung or crucified after the first "twinkle".
@@grabbagool should he stab him?
this is why I always wear a suicide vest
You missed a key point. The jury found him GUILTY of discharging a firearm in a building - a class 6 felony where he can face 1-5 years in prison! It's now up to a judge. Dude has been sitting in a jail cell since April 2.
I had a look at the Virginia statute in question. It appears to be imbecilically broad. It essentially amounts to a 2A violation, since it effectively criminalizes the use of a firearm in public in any situation, with no exceptions.
@@SavageGreywolf I agree
The jury was stupid for that 2nd verdict. It made no sense.
@@FloofDog44jury isn't to blame, given what was put in front of them there wasn't a lot of choice.
@@FloofDog44
No kidding.
The jury found that he had the right to defend himself by discharging a firearm but he couldn’t legally discharge a firearm to defend himself. That seems like a stupid conflict of laws.
I'm not a lawyer, my parents hugged me, but I can see how this guy had reasonable fear of bodily harm considering how often delivery drivers are setup and how criminals use distractionary tactics.
Two people walking toward you in a mall in broad daylight, doing nothing more than holding a cell phone to your face, does not justify deadly force in any universe that isn't batshit insane. Virginia, in allowing such force to be predicated entirely on what that individual perceived, has a joke of a self-defense law. It quite literally permits anyone to kill anyone else as long as they genuinely fear for their life, regardless of how utterly delusional they may be. That isn't justice. That's gun-fetishizing mania on a state-level scale.
ok sure...... but you still need to ACTUALLY BE AT RISK OF PHYSICAL HARM!!!
.
he could have said "leave me alone or im calling the cops"
he could have said "im armed, leave me alone"
"i will shoot you if you dont leave me alone"
.
or simply drew the gun....and not shot for another 2 seconds to see the "pranksters" reaction (which i bet would be to leave him alone)
.
.
you cant shoot people for being wired and close to you
@@kainhall Never ever tell someone in that situation you're armed, that's insane. If he was 20+ feet away, sure draw and warn but at his distance with the person pursuing, drawing as a threat could be self deletion. He could have tried running away but that's not legally necessary and dude would've followed anyway, that's his whole deal. Seemed a bit much to me as well but as I go over it, I don't see anything legally wrong. He also only popped once and fled, proving he wanted to get away.
@kainhall drawing to threaten? You mean brandishing? Which is illegal. Same with the "I'm armed, leave me alone" comment. Was this over the top for the situation? Yes, but we can only say that knowing that it's "just" a TH-cam prankster. He did try to flee the situation, notice him walking away. It's a shitty situation all around, but the onus is not on the unsuspecting delivery driver with absolutely zero knowledge of the situation other than what is currently unfolding before him. This is a fuck around and find out situation, that's all.
@@kainhall apparently you can... just don't do it inside. source: Commonwealth v. Alan Colie, September 2023
I don’t know that I would have done the same thing, but if you’ve got some massive guy looming over you like a high school bully, sticking something in your face and following you, not to mention he’s got 2 other people with him, I can see how you might feel a bit threatened.
A bit, just a bit? Really? Knowing how often Uber/Lift and delivery people are assaulted, robbed and beaten. You have 3 on 1 and you think you would be a bit threatened? Okay.
@@RespectMyAuthoritaah Somebody’s outraged over here lol.
You’re taking my language too literally. “A bit” can be a pretty wide range. Read it with a bit of sarcasm. Like I said, I don’t know if I would have done the same thing. Putting yourself in those shoes perfectly is hard to do. Frankly the more I’ve thought about this scenario, the more I think I would have fired more than one shot. You act like I’m some liberal that doesn’t believe in threats unless they hurt my feelings 😂
Knowing how fast someone can go from harrassing you to beating you I'm gonna say he was justified in fearing for his safety. He was out numbered three to one, obviously out of his weight class, gave a warning, tried retreating. He didn't know if he was gonna be robbed, mugged or what.
I would agree with you.
I really like this kind of content. It gives more insight into the legal side of things, that isn’t often talked about as in depth on other channels
Depends on if you live in a blue or red area of a state, most of the time. The blue areas just want you in jail for using a gun, no matter what
@@KennyCollins1962one of the many problems of a blue state/city
@@KennyCollins1962Virginia is blue
Amen to that. Sooooo many people seem to think they can just start blasting if they happen to get offended. This dude walked on the one big charge, but not on others.
And even if one is ultimately vindicated, there will still be thousands of dollars in legal fees, time off work, and various social repercussions. It really should be an absolute last resort.
Fellow Florida attorney here, go Florida man! Job security at its finest. Reasonable apprehension of harm, two men vs one, one much larger, playing message involving swearing and giving a comand which could reasonably be interpreted as being confrontational. They were told to stop, they didnt and continued pursuing delivery man, he attempted to push away the phone and hand of the larger one, again telling him to stop. Simple battery levels of force didnt cease the conduct. One shot fired, no mag dump or maliciousness considering one shot, (and .380 in Texas is considered a weapon only capable of simple battery levels of force) the threat stopped, and in turn so did the delivery man.
Absolutely justified. P.s. James, you should totally start the Fuck around and Find Out awards. Given out monthly. Then do a collaboration with Brandon Herrera to make a once a year "Fuck around and get Darwined' Out" special.
bro he needs to collab with both brandon AND angry cops
@killer13324 Fuck it, guntube wide collab. Make it a whole convention, sell tickets. Demo, Kentucky, Doughnut, Brandon. If tween vine stars in the early 2000's could do it why can't they? You know, dudes with more than two brain cells and who actually have some skill and/or talent.
Based and Perfect breakdown.
@greddy63t If you're referring to my comment above, thank you sir. If you're referring to the video breakdown absolutely fantastic coverage and analysis on part of Mr. Reeves 👏.
Frigging stellar comment right here.
Yes it was legal the guy was 2 times his size he was clearly scared for his safety.
You get to shoot people because you're scared?
Really shouldn't matter anyhow. Once someone tells you "leave me alone", you don't have any rights if you continue.
You can see the fear in the delivery guys eyes.
Good point. This could have compelled the jury to believe his claim that he was legitimately in fear of imminent harm.
Schizos ate also in genuine fear of everything
@@jason200912 talking from experience?
Another recent case where a person used a pocket .380acp was FL vs Reeve. Reeve a 👴🏻 older man, retired Tampa PD captain killed a larger, young guy in Wesley Chapel FL. The media termed it the 🍿 case. The courts took 8+ years but Reeve's was cleared, not guilty.
@@DavidLLambertmobilewhy do you speak in emojis
I feel so bad for that guy. He must have been scared as shit when two guys bigger than him just walking up to him and being all up in his face.
Exactly, a lot of people don't know what it's like to have two men physically confront you - just seeing the video doesn't equal in any way what it's like in real life to get involved in a physical confrontation. The worst thing about this story is the guy wasn't carrying a gun with some .45 JHP as this 'prankster' is still walking around amongst us.
That guy was super weird, that stealthy gun draw and shot... i mean, if u carry a firearm u should learn some stuff... maybe get some distance on these guys and point the gun on them and tell them dont come closer or something. dont know if his firearm was legal, but if, he never should be allowed to have one.. iam sure he would kill someone else later.
lol he literally did tell them to stop and backed away, more than is required in his state for a lawful defense. He drew and fired one shot that hit his target in a single motion. that isnt recklessness, that is how you are supposed to do it. If this wasnt legal, the driver would not have been released. @@TommyWiseaoou
@@magicalfungi3206 he saw his oppenents hands, that he had no weapons on. he was walking slowly with the stuff in his hands and then sneaky shot that guy, ofc he said stop it.. but he could drop that stuff, draw that gun and go fast backwards and show his opponent, hes serious with what he does. iam not defending that st*pid guy with the phone but for me that guy who shoot is a weirdo and a danger to public safety. he never should have a firearm and he should go to jail or a mental health hospital for what he did.
@@TommyWiseaoouhe should have pulled Out his gun and politely asked the other guy to not take it from until he was a reasonable distance away
If people have to get their views or their jollies by annoying or inconveniencing others, it should happen more often.
LOL I shouldn't publicly agree with this but here I am.
@@JamesReeveswhile I personally believe he should have at least pulled his piece and warned him first…if you’re gonna continue to harass someone that is telling you to fuck off and is visibly showing signs of getting mad/scared…that’s natural selection just running its course at that point
Nah if ur gonna draw you better be ready to use it. Idk if there are any penalties in VA for brandishing a firearm. So the driver is lucky af at the end of the trial due to VA laws
@@Wind_slash0Such a goofy fuddlore statement. If you present a firearm because you’re in fear for your life and the situation defuses that’s a goofy mindset to have.
@@chizdip8192 exactly; don't feel bad for the "victim" in this case because he deserved it, but legally it is dubious to call this self-defense; I would be very hesitant to mimic the actions of this defendant because I've seen juries go the exact opposite way; claiming self-defense is almost always a toss up (except Rittenhouse; that was clear cut self-defense and his prosecution was so grossly politically motivated--as an attorney, I was appalled).
They arrested and jailed the wrong person. His attackers should have been put in jail. The delivery guy was the victim here.
100%
Good to have agreement.@@RespectMyAuthoritaah
Victim of the TH-camrs exercising their first amendment right. Got it
@@captureoutdoormediaThe first amendment doesn’t cover intimidation.
@@captureoutdoormediathe 1A limits the government not fellow citizens. You can’t impede or intimidate and there’s case law regarding “fighting words”.
As a Uber/Lyft driver, I'm sure he was aware of attacks against people in his profession. Being pursued by three people coming from two different directions he was justified in his reaction.
could i maybe read about those examples
@@MsZscno need to read. TH-cam has either actual footage or news stories about drivers being attacked
That’s not how self defense works. The interaction was extremely short and absolutely no threat whatsoever was presented. It’s absolute insanity to argue otherwise.
@@TonioD49except it successfully was argued 😅
@@TonioD49 Except that's exactly how self defense works in court. It's what a normal person would perceive as a threat of serious bodily harm or death. To argue that a case in which the person was found not guilty is "not how self defense works" is insanely incorrect.
I really like this content, man. lacking in tight shorts so I can't give it a 10/10, but you are very well spoken, articulate, and genuinely funny, so it makes for easy listening. and you broke the situation down very well and made the legal stuff very digestible for the layman. keep it up man.
Fair enough
@@JamesReeveswe need more tight shorts
@JamesReeves I think you should consider reaching out to PenguinZ0/Critikal. He's a huge content creator who's covered this case on his channel. He has an interest in firearms and self defense as well as a distaste for "TH-cam pranksters." Would be cool for his following to see this and I think he would get some mileage out of it as well.
The posturing the TH-camr made would absolutely qualify as a threat in my eyes. Every time something like that has happened to me, violence ensued (which is only twice but still)
You also look at the guy's state of mind in VA (and LA, for that matter). I wonder if he had been attacked before or if DoorDashers have been subject to random violence. I'd be willing to bet that would be admissible in explaining why he felt the need to use deadly force.
@JamesReeves I live in the south east corner of Virginia, and I drive DoorDash sometimes. I'm not aware of attacks on Door Dash drivers being a particular problem in Virginia, but I am also aware that Door Dash drivers *are* targeted the same as pizza delivery drivers. Which is weird to me because I never carry cash, or anything worth stealing. Maybe not all Door Dash drivers are smart enough to leave valuables at home?
But I do keep a lead injection device on me in case someone wants to FA/FO.
@@cavalieroutdoors6036 Going anywhere around the Portsmouth area without one would be natural selection
@@jsmith6145 ah, Portsmouth. Virginia's little slice of Chicago. I avoid that city as much as possible. I really don't even like going to Norfolk or Newport News.
@cavalieroutdoors6036 I went to K9 school in your area (Franklin/Carrsville). We did training all over that area to include Newport News and Norfolk. I wouldn't return there ever without carrying my lead injection device. God bless you for being a driver there.
If someone who's bigger than you and dressed like a thug follows you after bein' told to stop, that counts as a threat. The DA and the Jury were wrong in this case, not Alan.
The guy who shot the "prankster" got acquitted for self defense. So I don't know how the jury was wrong.
Maybe we need a "Sub Human Behavior" law where if a person acts in a way that creates unnecessary fear or confusion then the court must treat the case as if you defended yourself against an animal.
Yes, and charge that idiot Johnny Somali with it as soon as he returns stateside
Guarantee all that “Mental illness” disappears after that
I actually like this idea. How to get it in law would be the hard part.
too many black people would be shot
He was defending himself against that pathetic TH-camr. Slamming your phone into someone's face is nothing short of assault. That pathetic TH-camr was not only committing harassment but also posing as a threat.
James, you are a damn treasure. Thank you for the concise breakdown.
I just checked this guys TH-cam channel out and apparently he has gained thousands of new subscribers since the incident took place. However, judging by the comments of his recent videos people are just subscribing and watching to see the prankster get shot again and are actually rooting for him to be shot. I’m sure the prankster doesn’t care if his exposure is good or bad. He knows that the more clicks and views he gets the more money he receives from TH-cam
If some of those people would report the channel for promoting gun violence, maybe he'd be shut down?
I think James should do a version where he confronts and insults random actual guns, trying to provoke them. Interestingly, despite the anti-gun narrative, he'll never be shot.
Yeah he's getting roasted lol
People with CCWs should start following him around lol. Watching. WAITING.....
He should start pranking internationally. Maybe Serbia. :)
Mr. Reeves: Well done. This is the best legal breakdown and reporting of the incident that I've seen.
People have gotten too comfortable messing with strangers, poor choice internet guy
Exactly. Be nice, dont give anyone a reason to blow you to pieces.
An armed society is a polite society. Manners are good when one may have to back up his acts with his life.
I still think it’s bullshit that he was convicted on one of the half dozen charges the DA tossed at him. It’s actually shameful tbh
Got to generate revenue
I hope that single charge gets tossed on appeal.
From my understanding the tactic is to file a lot of charges so the jury may convict on one or a couple.
@@quxyz25
It’s more so to get people to take plea deals before even going to trial.
@@Clockwork0nions That is also true.
The delivery guy, clearly acted in a manner to be left alone, asked to stopped, attempted to leave the area, was pursued. Probably has been robbed before doing deliveries. I think he did everything to get out of the situation, the prankster is lucky he isn't in the morgue.
Man that's something I didn't even consider, great point about delivery drivers being robbed.
Bro had it coming but shooting someone in the stomach 20 secs after the first interaction is still crazy
You can clearly see that the delivery driver felt threatened by the look on his face. The person accosting him was very much larger than him and wouldn't back off.
Lesson to learn here is:
You don't get to determine the level of the next person's fear once you've provoked it.
As a Veteran with PTSD and many like myself have struggled with social anxiety I've wasted years living in the Shadows grocery shopping at 2am, avoiding crowds, head on a swivel sort of thing,
Extreme confrontation avoidance.
Situational Awareness at Max levels all the time, thats no way to live and dudes like this make it even more difficult.
G-d bless you.!
That's way too wide open. Next thing, you'll misgender an individual and they'll open on you because their step dad called them "dude" when in an abuse scenario.
Semper Fidelis, I feel you on the lurking in the shadows thing. I really hate crowds and when strangers talk to me it makes me feel suspicious specifically because of my area. How can we say that he overreacted by shooting? I would’ve shot and I wouldn’t have retreated, this scenario is very likely when people don’t treat others with respect.
Actually you do, because you don't go by the unhinged individual. You go by a "a reasonable belief".
@@MakinMoneyISeasy 🤦♂️ Social Media ... Expectations & Determination aren't remotely the same thing, establish a functional understanding of the difference between the two, before you shop a strawman argument around fishing for an argument or debate.
Unless you have no other motive.
My favorite part of all this is the precedence set by this case. “It’s just a prank bro!” Is no longer a legal blanket these dipshits can hide behind anymore.
1) It's spelled "precedent", and 2) that's not how it works . . . . at all. Precedent is the result of judges' written opinions, not jury verdicts. 3) Even if it were precedent (which, again, it is not), it would only apply for the state of Virginia. Source: Me.
@@OFFICIALUNDpedantic, pontificating and pretentious
@@mtthwpnn It may be the latter two, but it certainly isn't pedantic. I corrected a (significantly) incorrect statement, and (hopefully) cured his ignorance so he won't make the same nonsensical comment in the future and will not embarrass himself any further.
@@OFFICIALUNDgo away trash
"He looked like he was going to prank me, I had to kill him first!" Jesus you people get crazier every year there :D
Big guy acting very strange and closing personal space, well within 21 ft. which is the recognized danger zone. Same as robbing people with a toy gun...a threat is a threat.
The TH-camr is gonna wear being shot as a badge of honor. No sign of humility
He gained like 10k or 20k subs from this.
what happens next time if the U tuber wears a vest? what will that say as to his state of mind james?
@@JamesReeves
This was far more entertaining than any other channel could pull off
I'm 5'6" tall and stocky. A 6'5" tall guy and his buddy doing that to me would put me on edge for sure! However, as a 'Monday-morning-quarterback', I don't think I would have shot the guy at that time. Perhaps if they chased me out of the food court? That's a tough call when you don't know what's going on and three guys are being aggressive. Keep in mind, there were two accosting the guy and one filming it. People always seem to forget that third guy...
having an aggressive and large person put his hand near your face near your ear will put alarm bells ringing on anyone. its a large guy and another guy vs a small guy
"First of all your honor, just look at him"
My first thoughts were like “wow, he couldn’t have warned the guy or tried to get away?” But after thinking about it, no, not really. He did try to get away, he said “stop” multiple times and pulling the gun out to do anything but shoot it could have resulted in the gun being snatched away. If he believed his life was in danger, he did what he had to do. I use the deadly force triage: capability, opportunity, and intent. I think all three were met.
I agree. When you realize having these three ganging up on you acting weird you have no idea of their intentions, aside that it is not for good. They are acting hostile and if it was just 1 dude you could argue for a less deadly counter offensive.
These legal breakdown videos are awesome. I much prefer your presentation over many of the other lawyers on TH-cam who deliver everything dry and devoid of any soul.
I feel like saying “It’s a prank,” does not absolve you of the find out portion of fucking around.
Love this kind of case analysis. Please do more of this!!!
"TH-cam pranksters" are a nuisance to society.
There is one (I cant remember his channel) where he put himself in embarrassing situations to film other peoples facial reactions. One of the video he mentions getting his GFs sister pregnant and her mom to. The reactions were hilarious.
His verdict would have been different if it wasn’t a TH-cam clown.
@@ellwoodwolffacts
I agree this could have gone either way but the delivery guy was outnumbered, had no clue where it was going, told them to stop as well retreat himself and with no other factors to take into account other than the way things are these days, I think giving the delivery guy the benefit of the doubt was the right thing.
I agree. By the way, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call, it goes to the defendant. However, some states have a lower bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests with the defendant to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063
@@JamesReevesI understand gun lingo, not lawyer jargon! But this legal content is very interesting! 😉
@@JamesReevesSo what you’re saying is…
…in Louisiana, shoot to kill? 😂
People shouldn't need an excuse to be left alone. People who seek attention at others expense need to be shut down. With all that goes on these days you should leave people you don't know alone.
Love seeing content like this... Self-defense cases are such a turkey-shoot to begin with... I don't think a jury in a different state would have the same out come. A series on self-defense would be great.
Heck, this could have happened in a different county and the results might have been way different. It's one of those "ask 3 juries and get 4 answers" kind of things.
It's a lot like the FL vs Reeve 🍿 movie fight case. That was pushed for 8+ years! 8! Reeve was cleared, not guilty. He used a small .32, .380acp gun too. The other male was around 6'04".
I think the permanent impairment happened at the guys birth. 😮
If you make a living from pissing people off, you are kind of asking for some kind of horrible retaliation to come your way at some point.
This might be considered excessive, but it might also have stopped him confronting the guy that would have killed him.
No way to prove that, but food for thought.
Didn't work, the prank youtuber is back at it. He won't learn till he gets permanently handicapped or 6ft under.
Be glad that driver wasn't trained the way I was. "Never pull your gun unless you intend to kill." "Shoot until the target is down." A very different story... and frankly I would not have been sad to hear it. I class this dude in the same category as the people who dress up in costumes to scare others. That's a solid way to catch lead. "OH SHIT VIOLENT CLOWNS EXIST" and brain is on autopilot maximum violence.
As a woman and former deputy sheriff and Navy veteran that moved from CA to VA recently, I really want the thank you for this video. I carry a .380 on me because I'm a single mom who wants to protect her autistic son and disabled mother. Sometimes guys when they are way bigger than me try to intimidate me in public for various reasons and I'm usually able to get out of the situation. I do fear the day when my words won't help and i fear what would happen if i had to use less than or even lethal force to protect my family. This video gives me a much better understanding of the local laws of my new home state.
FYI, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call in those states, it goes to the defendant. However, some states have a different bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests *with the defendant* to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063. I don't know what the standard is in VA, but I wanted to point it out.
@@JamesReeves thank you so much! I'll definitely look into it. I recently had to use my wrestling skills to subdue my ex after they broke my child's arm and I'm now going to court here in VA because my ex is pressing charges. Not trying to get any free legal advice but just stating this because I wonder what would have happened if things escalated further since there are firearms (kept secured) in the home. As well as what I previously mentioned. Btw, no adult should ever harm a child to such extent IMO
@@ArkSurvivalMomno offense but your ex sounds like a little bitch since he can only fight your son. Glad you took care of that situation big dawg.
@@JamesReeves How is requiring the defendant to prove their innocence legal/constitutional? Shouldn't the burden of proof be on the state?
@@ArkSurvivalMomBest of luck ma'am. You are a hero.
So TL;DR, the prankster just ruined this man’s life permanently. And our “justice” system enabled this to happen. Wondrous.
demoRat DA's, Judges and juries pretty much always go after anyone defending themselves against criminals.
we don't have a justice system, the courts have been subverted by foreign enemies to punish law-abiding americans.
Dont shoot someone for putting a phone in your face its not hard
@@eloogah9861 don’t follow someone that’s asking you to stop and they won’t feel threatened. If he had been disabled or a female you wouldn’t even be talking about this, but because he’s an adult with a beard he’s expected to be assertive and throw hands when words fail (I bet you’ve fought a lot of 1 vs 2 fights before)
@@devanmitchell3017 Nope a 4’5 disabled blind albino woman shouldn’t shoot someone in a public mall before any yells for help or anything for someone walking towards them in again a public mall
I absolutely agree you should do more videos like this, reaction videos within this category always do well and provide a steady stream of views based off the other channels I watch, especially when it's tied to a profession such as "Doctor reacts" or "Lawyer reacts". Could also be a great way to spread firearm tactics/self-defense education amongst the 2A community
If that was me, I absolutely would have considered this an attack and feared for my safety. Often this is the distraction part that allows the other people to sneak up on you and assist in the harm that follows. Especially since there were 2 people against 1 person.
3 on 1 actually. There is the doofus with the phone, another guy who also walks up to the delivery driver, and the camera man.
@@NoobTamerare you saying he was aware of the camera man?
@@davidhoffman6980 No, and that makes it even worse for the pranksters imo. If anything it makes the guy's case tighter as he was outnumbered even more than he was aware, with what he was aware of being just enough already.
@@NoobTamer except it doesn't. The delivery driver can't use in his defense information he didn't have at the time in question.
@@davidhoffman6980 You clearly don't understand what I am getting at. If two people are presenting as violent or aggressive (getting up in someones face is assault, not gonna argue that with you), and you defend yourself, only to later learn there was even more individuals in on that, that is even more justification and certainly can be used as evidence. Get away drivers get charged all the time. I don't know why this is a hard concept for you? Are you a prankster asking to get shot?
Dude is lucky he only got shot 1 time and the guy didnt mag dump or aim center chest
Which center of mass is how most people are trained to shoot.
It’s absolutely terrifying that you can get locked in a cage for defending yourself, this world is beyond fucked
What defense?
@@TheRealStrawthe 3 dudes larger than the shooter who were actively cornering the shooter? That's grounds to defend yourself. I know, I know. You're a big internet keyboard warrior and you wouldn't be scared. We know, you don't need to fling your cock grippers and tell us about how tough you are.
Yeah I 100% support the 2nd Amendment and own several guns myself but this blows me away, the guy had no weapon, said or did nothing threatening and was just holding out a cellphone with a text-to-speech saying something stupid. Guy drew and fired with no hesitation at all without any indication he was under attack. I understand these situations are confusing and happen quickly but there is nothing at all that I saw that even hinted he was in danger. If it were me I wouldn't have even considered reaching for a gun, I'd just tell the dude to piss off and stop harrassing me. I mean he could have even just brandished the firearm if he didn't know if he was in danger or not, but he went straight to lethal force.
Prankster should be charged with harrassment though, not saying the dude who got shot wasn't being an ass.
@@TheRealStrawthe LEAVE PEOPLE ALONE defense!!! See what happens when you don’t leave people alone. Whether the guy is guilty or not, the prankster caught a bullet in the brisket. Just leave people alone and this doesn’t happen
Defending yourself against a 1st Amendment right? Oh please
Gee Mr Prosecutor, can we count on you to prosecute cops who shoot people with cell phones in their hands?
"Objection. Hearsay!".
I don't think it was "a good shoot" but it certainly wasn't "a bad shoot". I know that's dumb, but the two dipshits were deliberately trying to instill a "fear of death or great bodily injury." But, I'm not sure they achieved that level if fear, but I'm 6'4" and that dude looked to be be 5'8" or so. No way should the Uber Eats guy see any jail time.
FYI, in many states, the government must prove beyond a reasonable doubt that the defendant did not act in reasonable self-defense. If it's a close call in those states, it goes to the defendant. However, some states have a different bar for non-lethal self defense cases. For example, in Louisiana, the burden of proving self-defense in a non-homicide case rests *with the defendant* to prove the defense by a preponderance of the evidence. See State v. Barron, 51,491, p. 14 (La. App. 2 Cir. 8/9/17); 243 So.3d 1178, 1186, writ denied, 2017-1529 (La. 6/1/18); 243 So.3d 1063
VA code 18.2-60.3A is informative: " ... If the person contacts or follows or attempts to contact or follow the person at whom the conduct is directed after being given actual notice that the person does not want to be contacted or followed, such actions shall be PRIMA FACIE evidence that the person intended to place that other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself ..."
The law regards stalking and the issue is following after being told "no" ... AFAIK neither side brought this up at trial. Yet the shooter was in fear and told the offending party to stop whereas the offending party continued to follow.
I agree. If this went to trial again it could have just as easily gotten a 'guilty' result. I have a lot of smyhpathy for the victim but I'm not sure *deadly* force was the correct response in this case. I certainly wouldn't have shot myself, or even drawn when he did.
When thinking straight with no stress & with a wide angle view from far back, it does not appear to be a drawable event. But up close, under stress, with a giant repeatedly in his face, it may be legitimate mistaken fear. Note to aggressors: If you scare one enough, expect them to fight for their life. I agree with you & the jury.
"mistaken" has no place in it... it was legitimate fear. two dudes get in your face, one of them at least 6 inches taller than you, and refuse to leave you alone after you tell them to leave. he had every reason to be afraid, no one knows what another intentions are in a situation like that... harmless prank or a beating on video... the driver has no reason to think they arent a threat the way they are acting.
@@magicalfungi3206 well put.
Justified. Not even a question. Took 3 seconds to make that call.
This prankster might have just filmed his funniest video yet. Just kidding I've seen this guy's work before and I am kind of surprised that it took this long for something like this to happen to him. Hopefully we all learned a valuable lesson from this and don't carry anything smaller than 9mm.
Even a .22 can be deadly. T shot.
9mm wouldn't of kill at that shot placement
Even 22 can kill but modern 380 SD ammo is still really potent
Shame the brute has enabler parents that see nothing wrong with his behavior and still encourages his harassment of others
I'm 52 & a ccw user, security officer. I say often .38spl +P or .380acp is the smallest cal I'd carry. 9mm +P is fine. Lurch would of got 🛶 if he was doing his "prank" with me. His mom would be on NOVA/DMV media saying how some armed veteran zippered her poor baby!!! 😭
See how much “bad” can happen to you doing the right thing.@@DavidLLambertmobile
The charge and guilty verdict of discharging a weapon in a public place or whatever is ridiculous.
so he actually didn't discharge a weapon in a public place? I mean it's pretty cut and dry in the video, the mall is a public place and he discharged the gun in the mall. Did the guy deserve to get shot, absolutely he did he was/is an asshole but the shooter did shoot his gun in a public place.
@@NonLegitNation2 yeah and that's why he is going to jail for 5+ years. Why defend yourself at all when this charge accompanies it even if you were not in the wrong? Asinine "law" in the sense of letter vs. spirit when accompanied in justified self defense.
@@NonLegitNation2Let’s say that this wasn’t a TH-camr being a moron, and was a group of guys about to attack the driver to rob him, or worse, let’s say you’re in a park at night and someone comes at you with a knife. Do you get attacked, or do you defend yourself?
If they decide it’s a public place, your life is ruined either way. Most employers won’t consider you if you have a misdemeanor, good luck with a felony.
The law is cut and dry, the logic is murky and actively harmful.
This law should never apply in a self defense case. It was not the intention when it was written. Think outside of the context of this one situation and you’ll realize how horrible it is.
Near a park? Public place. Near a bus stop? Public place. In a parking lot? Public place.
it cant be a legal self defense and also be a crime. the prosecutor is a pig @@NonLegitNation2
@karalyzel3177
The problem is that there was nothing of significance to justify lethal force.
He was acquitted of the charge for shooting the guy only because it indicated that he wanted to shoot the guy from the beginning of their interaction. Which isn't true.
However, someone holding a phone up isn't grounds to justify lethal force. A knife, absolutely.
I know y'all are salivating at the idea of being allowed to murder someone for something so trivial. However, that will come back to bite you in the ass as well.
Get into a minor argument with someone. They delete you. Jury aqcuits because "he said a bad word, and his body language made me fear for my life."
Careful with what you wish for.
Somebody needs to set up a gofundme for Alan Colie.
Poor man didn't deserve this, he's now a felon for defending himself.
No defense here
That wasn’t even close to self defense.
@@TonioD49 right?
@@portland675 Sadly you guys don't understand that the person just has to feel thier life is in threat which can be a very low bar depending on the person. Better to just not fuck with people.
@TonioD49 it was definitely defending him self from 2 to 3 individuals approaching on him even after he told them to stop as he is carrying food for a paying customer. And with a steady increase of these workers getting robbed it was hundred and ten percent self defense
This reminds me of the phrase, "If you fail to discipline your children society will do it for you".
At first glance of the video I thought the defendant was screwed, but once you teased it out I can definitely see it being a fair case of self defense.
One factor I think also was a factor to acquittal would be fired a single shot and kept retreating. That does not equate to intent to cause grievous harm especially when considering it did stop the threat and was only force used.
I wish this lawyer would react to some damn mail.
Look at the size of the TH-camr vs the driver. The size difference is the threat of bodily harm.
Also it's a 2v1 situation as well.
@@thraknar3363 Actually, 3 v 1. The camera man is part of the team as well. So you have 3 assailants spread out. I would feel threatened too.
And there are two other assailants. The smaller guy following the big guy around and the camera man. Plus the assailants are spread out. This is often done so that the prey item cannot cover all avenues of attack.
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life”. -Heinlein, Beyond This Horizon.
A quote often used out of context, but well describes this scene. An interesting comparison to the book, which depicts a utopic, yet often violent world, where armed members of society deal with minor incivilities via duels, and politeness has a constant edge to it. The quote finishes, “…gunfighting has a strong biological use. We do not have enough things to kill off the weak and the stupid these days. But to stay alive as an armed citizen a man has to be either quick with his wits or with his hands, preferably both. It’s a good thing.”
The guy is still in jail for discharging a firearm in public. His lawyer is contesting that bc the self defense aspect of it should negate the firearm charge. Probably the ideal response here would've been pepper spray.
I don't feel like the youtuber found out enough.....
"Why didn't you use a less-lethal solution like pepper spray?"
My pockets were full of guns, Your Honor.
Thanks for the breakdown, I really like these kinds of videos. I’d bet that if this exact same scenario happened a dozen more times across the country, the defendant would lose more often than win.
Clearly that’s justified self-defense. He was assaulted by a much larger man who was behaving abnormally and unpredictably. Anyone in his position could fear for their safety.
I had a run in with these morons a while back near Dulles Town Center at Home Depot. Was visiting the area and getting a few things and the big fella that got popped walked up to my brother and myself saying some guy was being weird filming us. The guy with the phone was just barely scooting his feet coming down the aisle towards us. Within a short period I realize they are most likely together and the big fella was just hanging around aimlessly looking at stuff a few feet from us. I told both of them to move on I wasn’t in the mood for their prankster crap. They moved on and I told a young associate what they were doing and they said they had been in before pulling the same thing. They eventually left and I watched them get into a vehicle parked way away from the building. I can’t believe this guys parents haven’t put their foot down with his antics even before he got shot. Part of me thinks it was all a rouse for more publicity. The times we live in!
When this first became public, it was said that the prankster's TH-cam channel is monetized. If so, his parents may be encouraging him to go out and be a dick to other people so that there's always fresh videos to make him a paycheck.
Hopefully this douche stops
The dad was whining in an interview, so the apple doesn't fall far from the tree.
@@Robosan4000neither does the Guava.
Fully justified… delivery drivers are a hot target for robbery, and I’m sure that was something he was thinking about with two dudes aggressively accosting him, and continuing to pursue him after three pleas for them to stop, and using a phone as a distraction.
Mental gymnastics. There was absolutely no threat whatsoever.
@@TonioD49 there was. It just was very abstract and not explicit. Simpler minds like yours will need to see 'knife', 'gun', 'fist' 'punch' before you consider a threat. This huge fat guy was lording over the man, playing bizarre messages to him, staying in his space, and staring at him like a demon. If YOU arent threatened by that kind of insane behavior, then thats YOUR failure of perception. Anyone who is that passively abusive to another person deserves to be pushed back for their disrespect and intimidation, and this arguably constitutes a passive threat. Not saying it will pass in court but thats not really my consideration. People should not get a pass for harassing and abusing other people for fun, especially when they keep doing it and dont stop when asked. When you dont allow people to say NO to being abused, with force, then you are saying they should be allowed to be abused and made the butt of some demented thug's little internet joke video
That’s what I seen was an attempted robbery regardless of what that idiot said he was doing. Dude was acting like a fucking scumbag fixing to run his pockets.
@@TonioD49I'm sure we'll all remember that next time you're up against 3+ large, fighting age males that are no less than 1 foot away from you and following you, no threat... what a child. If this ever happens to you I expect you to fall on your sword and take a beating and get robbed then not press charges, because after all, no threat what so ever, right?
@@hawk9mm I’ve had a black dude in a ski mask outside a bank in the ghetto of Sacramento threaten to shoot me while three feet away in a closed off corridor and I didn’t even pull a gun let alone shoot him because I’m mentally stable and was simply ready to do it if I had to while watching his hands.
Also, your description of this interaction is extremely dramatized and shows that you’re just looking for any excuse to shoot some kid that’s not even a thug because they annoy you. There was no threat, you’re just a sheltered little man with an ego problem or mentally unstable. Maybe both. “Fighting age” lmfao….CNN level dramatization.
I think you have to take into account that the man doing the shooting is a delivery driver. Delivery drivers, Uber/Lyft drivers, Taxi drivers are often the target of robbery. I think you have to consider the possible mind set of the shooter and his fear of the potential for violence committed upon him.
Right on. Facts are clearly shown in the vid ( and do you notice this video was made by a fourth person?): fact pattern consistent with common mugging- outnumbered, larger, physical and antisocial aggressive confrontation; victim objects, retreats four times total (steps backward, talks, steps backward again, talks, walks sideway, turns and leaves)- which retreat is evidence of intent to defend proportionally.
I think wienieness of prosecutors, judge and jury account for secondary charge- because in principle if deadly defense is justified THEN THAT FORCE IS JUSTIFIED. Blame the felony conviction on DC suburban gun hatred politics.
100%
Damn man, that's a good point. I never even thought of that part of it. But you're 100% right. There was a period of time when delivery drivers in my local area were getting robbed at knife point by multiple assailants on the regular. Back in the cash only delivery era
At a mall in broad daylight? That sounds a bit like paranoia to me
Maybe, but how many crazy things happen in malls?
@@zacharyshoemaker835
"It was at this point that he knew, he f'ed up."
I’ve never been a pepper spray fan. But harassment situations like this are making me rethink that. Just as an addition to the glozzy, you understand.
Or a taser.
Yeah pepper spray is perfect for this situation.
@@Chzydawgcarry the full force continuum
co2 powered pepper ball pistol
And then you have cross contamination when the person attacking you still grabs you, or the wind blows in the wrong direction.
Just found out you're a lawyer, totally makes sense now. Like your content and the clear way you deliver information. 🤘🤘
As someone who lives in Northern VA and used to work at that mall. I would say, it's a mixed bag to what you'll find in behavior of aggressors.
I've seen brawls, drive-bys, weapons brandished, jumping, all kinds of gang stuff down to drugs heads and drunkards with beer muscles, to the worst of the bunch wealthy twits that think they can do whatever they want cause their parents are wealthy and can afford a lawyer to get them off whatever dipshit thing they do.
I wouldn't have handled it the same, but that's cause I'm older and have seen enough to read the type, but at the same point I can genuinely understand the perspective of not knowing how that's going to go down and being fearful for ones well being and life.
I am a law enforcement and private security instructor in Virginia. I even wrote some of the approver state curriculum and under the letter of the law, as long as the guy believed he was in danger, it was lawful.
Also, in VA, the State defense law is all case law, and not statute.
A wizened old police chief I used to know said that he’s seen more than his fair share of “harmless pranks” turn into absolute fecal theatre.
James, I really like the content you've been putting out lately.
This was really awesome, all responsible gun owners should understand the law and when they can use them!
Society did this- this young man should be out somewhere breaking rocks or plunging toilets; instead, he's chasing that TH-cam influencer money.
JJ is the man.. Local New Orleanian proud.. Best Gun Tuber on the net
Met him once in downtown Nola walking to the office.. So cool, down the earth.. great guy
Looking at the totality of the circumstances from the driver's perspective, I'd vote for acquitting based on self defense if I was one of the jurors. A lot of people also miss that this was a 3v1 situation, because the person holding the camera we're looking through is also a participant.
I've been watching your stuff on and off for about 5 years now, and I'm only learning now that you're a lawyer. That's either a comment on my own lack of perception or a comment on you doing well about keeping your personal life out of TFBTV.
I have to say that there was no hesitation from when the delivery driver pulls the weapon to when he fired the weapon. It was smooth, quick, and practiced. He didn't say anything, he just went to work. I'm not saying that he was right, but the TH-camr put himself in that position.
As someone from the UK I’d have done the exact same thing in his situation tbh
He gave a fair warning and the harasser was right up in his face, alongside another guy, he probably didn’t know about the cameraman or at least his intentions but in total, 2 guys he knows of within range to do serious damage and a third he potentially knows of but not what they could do. You saw how quick the delivery driver pulled out his firearm, now imagine how quick the other 2 could pull out a knife or gun of their own.
I am so tired of people being prosecuted in this country for standing up to violent criminals.
This (arguable) criminal wasn't violent.
@@skepticalbadger let me come to you and get in your face. Harassment is considered a “violent” offense
Do you remember how Steve Irwin died? It wasn’t because they left a stingray alone. They harassed the stingray. so the stingray fought back.
@@Sig_P229Yeah, this idiot isn’t Steve Irwin. The two inside to are completely different
You’re dumb. The idiot prankster got what he deserved.
And it was justified.
"violent criminal" is a stretch in this case but I get your point
@@shinobi-no-bueno would “aggressor” be better? The prankster was clearly the aggressor.
I'd love to see a series on the self defense laws of different states. I'm sure a lot of people don't know their states laws or understand them.
You can have all the laws in the world, but good luck getting a jury to convict. That is all that matters at the end of the day.
Its not 2 dudes approaching him inna threatening manner.
Its 3. The camera person is also a potential threat.
I was on a jury here in MS for a case where the guy shot a family member in his home and charger with agg. Assault. Deliberation only lasted about an hour and only was because one lady on the jury who never owned a firearm. It's crazy how much time aggravated assualt.carries in MS
It was good to see you at your routine gerbil removal, James. 👍
“More to come!” was one of the TH-cam suggested replies
Gerbil? James is a pro they don't call him the possum king for nothing.
@@JamesReeves😂
@@cltnc571😂
I live in a stand your ground law state...Last year i had someone who has had a record of harassment and assault in his past and also has had a history with me multiple times when we was in our early 20s...its been over 10 years since i had seen ot heard about him...well last year i was in my town picking up some groceries from my supermarket and as i was walking out to my car he comes up behind me and starts screaming and threatening to hurt me and my family... well i do Carry and due to his history i wasn't taking a chance. I wasn't charged with anything and he is still around but i think now he has developed a bit of ptsd with firearms and loud bangs...it must suck for him on the 4th of July 😅
Agreed James, it goes to the edges but it is within what can be reasonably so disposed.
Jury hit him on the lesser charge of discharging a gun in an occupied place and I believe their thinking was, "ok, everyone here did something we'd rather they had not, but it's ridiculous to give this guy 20 years for something like this; what's the least of all these charges that applies?".
And yeah, the obnoxoid doesn't seem to have suffered any permanent incapacitation. But hey, that .380 goes a few inches over into the aorta and he'd not be leaving the Food Court.
If you are allowed to shoot someone in self defense, and for the sake of argument, let assume that all the criteria were satisfied since he was found not guilty, how can you shoot in self defense WITHOUT discharging a weapon wherever you happen to be attacked?
@@v3rlon ask the jurors!
@@v3rlon in your home at midnight