http://www.registerguard.com/rg/news...field.html.csp
Somehow I didn't here about any of this until today. I hope all goes well for Gerald. Sounds to me like he was well within his rights.
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http://www.registerguard.com/rg/news...field.html.csp
Somehow I didn't here about any of this until today. I hope all goes well for Gerald. Sounds to me like he was well within his rights.
Damn. Way to air out his laundry. I'm hoping for the best for him.
Isn't Gerald a veteran and prior shooter? That's good enough for me.
yeah, he's a veteran. what do you mean by prior shooter?Quote:
Originally Posted by Tony "The Goods" Garcia
This sucks......
Quote:
Originally Posted by rickdawson
No kidding.
Prior shooter? In civilian life, no.Quote:
Originally Posted by Tony "The Goods" Garcia
Yeah, I don't believe Gerald has ever been involved in any other shooting other than maybe when he was over seas in the military.Quote:
Originally Posted by Brent Smith
Hopefully he'll be acquitted. He was on the phone with 911 when he shot the man, so to me it sounds like self defense
I only assume because I've never asked but 2 tours with Black Water would be difficult to avoid a fire fight at leastQuote:
Originally Posted by Jeremiah Macy
Keeping my fingers crossed and thinking of sunny days and blue skies for one of our brothers
I can't imagine how rough it is for him
Sounds like he did the right thing. If he had been a cop, he could have shot the guy through the windshield before the man even got out of the car and nobody would do anything about it. But when a citizen (even one as well trained as Strebendt) defends his life, they throw the book at him.
Completely different set of rules for the serfs and the agents of The State.
I hope all turns out well for him.
Sounds like self defense to me
I'm sorry guys, I knew it didn't sound right when I typed it. Prior shooter was meaning sniper qualified. I've never met the man, but I'm confident in his reaction during the event. He survived training and operations before, so I believe he was level headed enough to react when he believed his life to be in danger. What I originally intended to say is I'm behind Gerald all the way.
I am hoping for nothing but the best for Gerald, but I have a question: knowing the other guy was unarmed, do you think Gerald's well documented MMA experience can hurt him in this situation? i.e: he could defend himself without lethal force? It's impossible to say without knowing the entire circumstances, but I think it could be a valid question the court/jury could bring up. What do you guys think?
I'm not a lawyer, but my understanding of justifiable homicide is that you have to pass the test of "Would a reasonable person in your place have feared for his life?" I'm sure a professional MMA fighter is held to a different standard when determining whether or not he feared for his life, so I think his experience could hurt him.Quote:
Originally Posted by chris sanchez
Hoping for the best.
All I know is that I was broken by attorney questions during court once. It was a home invasion and I shot an unarmed man. My martial arts, military records, and concealed carry permit were all twisted and used against me. I was painted as Rambo sitting in a fortresses of weapons. It won't be easy for him, but there's always hope. He surely has the determination to come out the other side of this.
See I didn't think it sounded right coming from you haha. I'm not down with the lingo I guess but yeah def sniper qualified.Quote:
Originally Posted by Tony "The Goods" Garcia
Wow that's nuts.Quote:
Originally Posted by Tony "The Goods" Garcia
It is what a reasonable person would have done in your position with your training and experience. Not just the average person. What a 90 yr old woman would do of course could be a lot different than a state champ high school wrestler. It's determined based on size of attacker, skill level, age, weight, prior knowledge and then takes into account the victims age, weight, height, skill level and previous training experience
Dang this sucks... Hoping for the best!
sI don't want to hijack the thread or pry into your life, but if you don't mind me asking, what ended up happening? I've got a pretty extensive firearms collection, I shoot a lot, I'm working on my CCW, and now I'm training BJJ, so your case is basically my worst nightmare if I ever had to use deadly force to defend myself.Quote:
Originally Posted by Tony "The Goods" Garcia
Glad you're alive, though. Better to be judged by twelve than carried by six, as they say.
Indeed better judged by 12. The whole thing took a little over a year in court and I was eventually acquitted of all charges but it was hell. The police actually testified on my behalf but warned me I should have shot center mass to kill. Afterwards the guy who did it went on a shooting spree killing six people. It's been a source of guilt for me ever since it happened.Quote:
Originally Posted by Jarett Smith
Holy shit. Man I'm glad everything worked out for you.Quote:
Originally Posted by Tony "The Goods" Garcia
So does anyone know the average time time a case like this goes on for? I'm sure there's too many factors to really predict though.
self defense is being able to articulate the threat, assess whether the assailant has the means to follow through on it, describe how you used the right amount of force, and explain how retreat to a safer place wasn't a safer option (unless in a stand your ground state).
From the little I see about this case, Gerald may have a tough time with number 2.
I hate to say it but it's not good for Gerald. Anything can happen in court but at the end of the day he shot a man in the face with an AR15 because of a traffic accident and verbal threat by a 53 year old man. That's not self defense. The person has to have the means, opportunity, and intent on going through with the threat. Gerald would have to be in "imminent danger"
There are many reasons for this in Oregon.
1. Disparity of Force. You can't shoot an unarmed person unless there are circumstances like more than 1 attacker, man vs women, big man vs little man, healthy person vs elderly, etc... Basically there has to be a huge disadvantage for the person to shoot in self defense. Which Gerald should have had every advantage in a physical altercation given his background. They will use his background against him. That he was never in "imminent danger", or in "fear for his life".
2. Escalation of force. This is when 2 apparently unarmed individuals are in a confrontation and one of them produces a firearm. In this case it was Gerald who escalated the situation by producing a firearm when he should have had every advantage in a confrontation and the other man was unarmed.
3. In Oregon you have to retreat if possible which he also had every opportunity to do. Unless he had an injury I'm unaware of. We don't have a "stand your ground" law.
I'm sure he's a great guy, and it's unfortunate he made that decision, but many good people make mistakes and have to pay for them. A man lost his life. It's sad for everyone involved.
I don't know enough information about the case, but what I read mentioned that the other party claimed to have a weapon and threatened his life. I pictured the scenario going down with the other individual saying something like "I've got a gun and I'm gonna kill you!" while reaching into a pocket or waistband. If that was the case, the shoot was justified, IMO (for whatever that's worth). I REALLY hope it wasn't just a verbal threat. If so, Gerald is most likely screwed. You can't shoot a guy for merely saying he's going to kill you if, as you mentioned, there was no physical threat.Quote:
Originally Posted by JAMESsmith
I think we really need more info on how the shooting went down to make a better judgement.
Murder is killing someone knowingly. The 911 call is public record.
Gerald has been great to all of us at the gym and we pray for him. Our moon is still thriving and I love every day I have in the gym. Keep praying for Gerald and Shelby.
Why pray for Shelby?Quote:
Originally Posted by Spencer Brown
Whose Shelby? Shelby Connelly ?
I'm assuming Spencer means Gerald's girlfriend, Kristen. Shellby is someone who used to train at NTC so it doesn't make sense to pray for her, unless needs praying...?Quote:
Originally Posted by Andrew Alexander
It's harder to get off with prior service. It actually tacks on more accountability in front of a jury. If you've been trained to be a lethal weapon, you're not untrained in the transition back to civilian life. I think it's gonna be a hard time trying to beat this.
*In my opinion*
Lol I meant Kristen. No idea why I said the wrong person.
We def need more info but based on what we have it's not good. Your scenario doesn't justify it still. For One, Gerald wasn't carrying concealed so it wasn't a split second decision where Gerald drew and fired quickly while the guy was going into his pocket as you thought he might have (which is I know is just your assumption, theres been no reports on this) Gerald at some point had to go into his truck and get the rifle out, (which takes time, and proves he had other options, and he wasn't in "imminent danger") Or he took it out right away. (which isn't really a protocol for most people during a traffic accident.)Quote:
Originally Posted by Jarett Smith
Either way it wasn't a good choice. Also even if the guy did go into his pocket you still can't shoot. And the reason why is because of this case exactly. Accidentally shooting an unarmed man when you don't know for sure. You have to see the weapon, plain and simple. No one said its an easy situation or not a split second decision but you have to be sure or this is exactly what happens. You end up with charges.
A lot of people claiming it was self defense are arguing he was being rammed while driving by the man. There have been no reports of this, but even if it was true he then would've had the right to shoot while driving to stop the threat from the vehicle But as soon as they both pulled over on their own, and got out of the cars that threat was over, and you can't shoot for something that happened in the past.
When I do the defensive shooting video simulators my instructor always emphasizes you have to see the weapon. He can change the scenario to it being a gun one time to a knife another time to a wallet or cell phone the next. You have to be sure. Proper training for everyone would be beneficial.
mur·der [mur-der]Quote:
Originally Posted by Spencer Brown
noun
1.
Law. the killing of another human being under conditions specifically covered in law.
He'll probably end up with 1st degree manslaughter in my opinion which is 10 years. He's young enough to get out again someday and have a life and that is something to look forward to.
Hey James, it sounds like you are pretty knowledgeable. Do you have a background in law?
Lets just get something straight, Northwest Training Center was in storage when I asked Eddie for affiliation. Gerald is no longer the owner according to Chase Boehringer. We opened and then NTC came back out of storage and moved in less than 2 miles away from us. We opened quickly because we were already in the process of opening outside of Geralds 10 mile radius. We were offering 30% off for anyone who trained at NTC and lost their place to train when it went into storage with no idea of when they were opening again. I personally extended an offer to Nathan to come train for whatever he could afford after being told he didnt know how often he was going to be able to train and he was losing interest in jiu jitsu in general, then told me he wouldnt pay to train anywhere.
Has NTC not been sold? It has according to Chase. You can try to say what you like but come on Wallner. You begged to train with us for free and got butthurt when you were told "no". You can try all you want to say you stuck by your family but only did so because you got what you wanted. I was fine getting along because that's what Eddie asked of us. Looks like you're not willing to do the same. That's unfortunate.
The extra details re: the incident are comforting to hear, thanks Nathan Wallner.
Im just glad the Northwest is so strong with 10th Planet theses days. Hope it all works out well for everyone involved.
Damn wallner. i lost all respect for you with that post. I see no problem with what they did opening there moon. and Eddie did not see a problem with them opening either or he would have never allowed them to open up that close. You definitely owe Brent and Mike an apology for that, to me it sounded like you are trying to accuse them of being shady. Also this is a thread about Gerald not them so bringing up that other stuff makes no sense and does not need to be said there.
That being said, i hope the best for Gerald and pray for the best