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Guy protects a statue of a conquistador from a mob. Guy threatened by mob. Guy backs away. Guy is chased down, attacked, and has a weapon (albeit a longboard) swung at his head. Guy pulls gun and shoots his attacker. Guy puts gun down and sits several feet away, makes a call, and waits for the police. Guy is arrested and charged for assault with a deadly weapon.
Governor and police are blaming, apparently, the guy and others of his group for instigating the violence.
What am I missing here? Is it standard operating procedures to charge a guy when there appears to be a clear case of self defense?
https://www.krqe.com/news/crime/apd-arrests-man-connected-to-onate-statue-protest-shooting/
No idea if there is any connection, but the Baca surname dates to 1600 in New Mexico and the Spanish Reign
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Sounds like the guy knew what to expect. It is, in fact, pretty common to see charges in an instance of self defense. That’s one of the reasons stand your ground laws came into being: too many good people being put in the poor house by having to mount a criminal defense for acts of self defense.
As they say: you can beat the rap, but you can’t beat the ride.
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Sic transit gloria mundi (so shut up and get back to work) -
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I just figured it was one of Walt’s or Jesse’s “Breaking Bad” buddies… or one of Bob & Tom’s fans that goes by the moniker, “El Conquistador”.
“I am not a sir. My title is ‘El Conquistador'”
"Some people never go crazy. What truly horrible lives they must lead." - Charles Bukowski
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[quote quote=497]you left out the part about the guy being one of those “dress up like an army guy so my balls feel bigger” types. Otherwise, I can’t help you, sure seems like self-defense, but then I guess I have a problem with both sides of this equation…I am not an armed vigilante fan.[/quote]
I don’t think so. He is wearing a blue t shirt and shorts. I actually just think he was at the protest to push people away from the statue (normally something the cops should already be regulating, but not in today’s lawlessness). He happens to have a concealed handgun but that’s not remarkable and it’s arguable it saved him from further injury.
He shows remarkable restraint as he walks away, and then the skateboard guy tackles him and hits him with the skateboard. He then pulls his concealed handgun and shoots.
It will be interesting to see how it plays out legally, but the blue t shirt guy clearly attempts to leave and is de escalating the situation with the mob attacks him. Taken in episodes, the situation sure looks like self defense. Taken as a whole, he might be charged with assault for his first or second altercation (a lady pushes him backward and he flings her down), making the claim of self defense minutes later after he tried to leave a bit shakier perhaps.
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Sic transit gloria mundi (so shut up and get back to work) -
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Growing up in a border town, I personally preferred CQC (close quarters combat) to CCW until my wrestler body failed me in my early 50s (torn/ruptured distal bicep). I bought my first handgun in 2016 at 55 years old and obtained my CCW after much practice and training around my 56th birthday. I still doubt I would draw first and would only do so after much provocation where I could not talk my way out of a bad situation (deescalation) and was certain that deadly force would be warranted. Of course, the smartest way out of a bad situation is to never to put oneself in harm’s way in the first place. Avoidance is using common sense to steer clear of likely dangerous engagements or situations. Some CCW trainers on YouTube call it “situational awareness”; most call it “street smarts”.
"Some people never go crazy. What truly horrible lives they must lead." - Charles Bukowski
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FBS: While the guy is well within his rights to conceal and carry to a gathering of antifa fools, the trainers I know would just say “don’t be stupid” when it comes to where you place yourself.
You also shouldn’t go pushing and grabbing people while carrying concealed (well, reality is you shouldn’t do it anyway but when carrying concealed there are people who will say you only did it BECAUSE you are armed). This guy showed really poor judgment and put himself in a terrible situation.
That said, I think he also showed real constraint in not pulling his gun after getting hit the first time. The second time, where he is basically tackled and hit with a skateboard, I have to say he was justified. The guy who tackled him and who he shot was not a guy he had previously been in conflict with (I think), making the whole “you provoked the fight, so you can’t finish it with deadly force” argument less strong.
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Sic transit gloria mundi (so shut up and get back to work)
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There are some videos that show some fairly ugly behavior by Baca before the major fracas broke out. I can only give you a link to a Twitter account that shows multiple videos of Baca. One assault stops just short of being a felony, on a rather small woman, and is cowardly and completely inexcusable. You’ll have to scroll down to find it. A protest marshall is telling people to stay back, Baca becomes impatient, and throws her to the ground very roughly. Don’t go to bat for this guy – both cowardly and intemperate.
That said, he probably does have a self-defense right to the mob action.
So charge him with the assaults against the women, charge the mob leaders with the ssaults against him, charge him with ADW against them, and give the whole thing to the jury. That’s what trials are for.
I wouldn't give you two cents for all your fancy rules if, behind them, they didn't have a little bit of plain, ordinary, everyday kindness - yeah, and a little looking out for the other fella, too.
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