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mma fighter fights 4, kills 1 in home invasion, may face murder charge

Bible_Belt

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Gang bangers tried to date rape his sister. He had words with them, and one said he is coming to his house to shoot his toddler son in the head. The guy brings three friends, and they force in the door while his fiancee is trying to hold it closed. One of them brought a broken souvenir baseball bat as a shank. Another one was wearing a court-ordered ankle monitoring bracelet. The leader picked up a kitchen knife and attacked the mma fighter with it, who then took the knife away, stabbed and beat the guy enough to inflict mortal wounds, and sliced up the face and neck of the guy with the shank. All four ran away. The leader died, but paramedics were able to save the second guy.

Now the DA might charge the mma fighter with murder. They have refused to say that they won't. But all the attention is making them look bad, so that may keep him from getting charged.


http://www.bloodyelbow.com/2014/1/6...ez-fends-off-home-invasion-by-4-attackers-one

http://www.cagepotato.com/exclusive...t-deadly-home-invasion-involving-mma-fighter/
 

LiveFreeX

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I can't believe the amount of bvllsh1t flying around North America... who the hell are these judges? Do they even live in reality? I mean it's sick really when you are a law abiding citizen and you have the law against you. You can't even defend your family or yourself without the possibility of jail. So what was he supposed to do, call 911 and wait paitently while the gang killed his family.

North America is truly fvcked up.
 

dasein

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Well no DA anywhere is going to decline to prosecute in public until much more investigative water and time is under the bridge than in this case. Otherwise, come election time, their opposition will tar and feather them with it, especially if new facts were to come to light after any public announcements. If the facts maintain as stated, this guy won't be charged.
 

taiyuu_otoko

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Reminds me of a case (don't remember the details or how it came out) of a guy who somehow knew or suspected he was going to be burglarized, so he set up a hair trigger on a shotgun to blow away whoever walked in the front door.

The burglar walked in, got shot, and the homeowner was in trouble.
 

Bible_Belt

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dasein said:
Well no DA anywhere is going to decline to prosecute in public
Well, it's not like that statement would be binding; they could always change their mind. In at least a lot of stories like this, the county will usually say they are not pursuing charges. A Georgia woman shot a home intruder in the face last year, and the police were saying the next day that she would not be charged.

And to taiyuu_otoko, Dasein knows this, because he went to law school, although may have blocked out the memory, but the shotgun case is a famous torts case. They teach it in law school. The trouble he got into was civil, not criminal. Mr. Briney didn't live in the house where he set the shotgun trap. It was empty, which is why it kept getting robbed.

http://en.wikipedia.org/wiki/Katko_v._Briney

http://1.bp.blogspot.com/-LHol9uITeTg/TnFkV0oGXHI/AAAAAAAAAa0/MhNi1Vas_ok/s1600/photo%2B1.JPG

(Mrs. Briney was obviously one sexy woman)
 

dasein

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The fault in spring gun cases stems from their arbitrary and automated nature, no people being saved, just a gun shooting a hole in something or somebody, as opposed to defending occupied property where such property defense overlaps with defending human life, even with deadly force where the law allows, in a reasonable fashion. I don't see any similarities between the instant case and spring gun cases though, could be missing something.

As far as the DA goes, in their shoes, to reiterate, I'd be saying "no comment while the police investigation is ongoing" on this for awhile. Anything else would be foolhardy if not career/election suicide. The families of the deceased and their friends could make a righteous stink if the DA goes off half-****ed and makes definitive statements taking sides in this case before more investigation is done. Remember there are two sides to every legal issue, and like any other govt official, DAs care first and foremost about staying in office.
 

TheVirtualMind

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dasein said:
The fault in spring gun cases stems from their arbitrary and automated nature, no people being saved, just a gun shooting a hole in something or somebody, as opposed to defending occupied property where such property defense overlaps with defending human life, even with deadly force where the law allows, in a reasonable fashion. I don't see any similarities between the instant case and spring gun cases though, could be missing something.

As far as the DA goes, in their shoes, to reiterate, I'd be saying "no comment while the police investigation is ongoing" on this for awhile. Anything else would be foolhardy if not career/election suicide. The families of the deceased and their friends could make a righteous stink if the DA goes off half-****ed and makes definitive statements taking sides in this case before more investigation is done. Remember there are two sides to every legal issue, and like any other govt official, DAs care first and foremost about staying in office.
This is one of the VERY few times I will ever agree with a lawyer.

No matter what the situation is, when there is some type of murder involved, there is always an investigation. Even if you know from the start that you may really just be going through the motions because it's a CYA (Cover Your A$$) thing.
 

SamTheHobit

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This is a situation were you need a gun.
 

nikil

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Setting a mantrap is a felony, so of course the guy was in trouble when it killed somebody. You have no absolute property rights, especially when you are not in residence on that properly.. An innocent can set off that trap, cause there's no judging person controlling the trigger. Even a burglar is threatening no life if there's nobody in that building. Maybe a woman with kids had to break in, to save them from an ice storm, when her car broke down, etc. So it is correct to imprison the guy who set the trap.
 

Bible_Belt

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The 911 call has been released:
http://www.tmz.com/2014/01/13/joe-torrez-911-mma-fighter-violent-fight-home-invasion/

Most of the call is with a friend of his girlfriend, last 30 seconds is the gf. I don't use the phrase "down-ass b!tch" very much, but I can't think of a better description of the gf. It sounds like she fought the attackers with him. That is one quality woman.

"Joe and Tasha are fighting back, because it's their house."

"There's a man laying on the ground and not moving...he's an enemy obviously."

The fight may have spilled out into the street, which would be the basis for the state's charges. The right of self-defense unfortunately does not protect you when you chase a guy down as he runs away, even if everyone agrees that he deserves it.
 

zekko

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Bible_Belt said:
I don't use the phrase "down-ass b!tch" very much, but I can't think of a better description of the gf. It sounds like she fought the attackers with him. That is one quality woman.
Reminds me of when that nutball broke into George Harrison's house and stabbied him (Harrison was one of the Beatles, for you youngsters) five times and collapsed his lung. They fought on the stairway and into a hall. His wife Olivia delived the finishing blow to the intruder by hitting him over the head with a table lamp. Women can come in handy sometimes.
 

nikil

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Especially if you are incompetent at hand to hand fighting. :)
 

Bible_Belt

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http://www.bjpenn.com/mma-fighter-learns-fate-taking-4-gang-members-killing-1/

Mixed martial artist Joseph Torrez learned his fate today after he killed one of the four burglars that broke into his house on New Years Day 2014.

Prosecutors have decided that he was well within his rights to kill and they are declining to charge him for killing 25 year old Sal Garces who broke into Torrez’s house.

Four gang members, one of whom was armed with a “shank” at the point of entry, broke into the mixed martial artist’s house at 2:00 AM on New Year’s Day. Before finding Torrez, one of the unarmed thieves grabbed a knife making it two armed intruders. Despite being out numbered, when it came time for Torrez to defend himself he attacked all four men.

Two of the thieves were harmed and needed hospital care by the time Torrez was done with them. One attacker eventually died due to critical injuries while the other left with several facial injuries.

Prosecutors and investigators ruled Torrez well within grounds to kill. Additional evidence from Dana Ana County Sheriff’s Office helped exonerate Torrez.

Martial arts is not just for the cage.
 
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