No Win Situation?

I was just reminded last night of a case that happened when I was much younger. Guy attacked a femal hitchhiker with an axe, got off both of her arms, tossed her over a steep embankment and left her to die. I can't remember what he got, but it wasn't long. He probably alford plead to a lesser charge; she did, of course, survive the attack.

You just see so much disparity. People are at the mercy of the jury. If he had shot and killed her in SD, he may have spent more time in prison than she will for murdering them. You really never know.
 
Seperated is _married but living apart_ not free ticket to find another friend. Had he run the divorce route first, he might have been able to hide from the soon to be x.

Since October is Domestic Violence Awareness Month, let's talk about the realities of domestic violence. Whenever a woman is killed by an abusive mate, the common response is, "Why didn't she just leave?" In this situation, where the man was the victim and the woman the abuser, a lot of people are asking, "Why didn't he just finalize the divorce first?"

It's not often that simple. The little-known fact is that the victim of an abusive mate is much, much more likely to be killed during the time immediately surrounding the breakup; at the issuance of restraining orders; and during the final divorce decree than at any other time. In other words, cutting ties is not just necessary -- it's also very risky. The victim needs a lot of support from the outside to make it work, and they typically go back to the abuser six or seven times before they are finally able to leave for good.

According to the DOJ:
  • In 2007 intimate partners committed 14% of all homicides in the U.S. The total estimated number of intimate partner homicide victims in 2007 was 2,340, including 1,640 females and 700 males.
  • Females made up 70% of victims killed by an intimate partner in 2007, a proportion that has changed very little since 1993.
  • Females were killed by intimate partners at twice the rate of males. In 2007 the rate of intimate partner homicide for females was 1.07 per 100,000 female residents compared to 0.47 per 100,000 male residents.
  • Between 1993 and 2007 the total number of homicide victims in the U.S. fell 31%, with a somewhat greater decline for females (-34%) than males (-30%). Homicide victims killed by intimate partners fell 29%, with a greater decline for males (-36%) than females (-26%).

Despite the fact that 30% of the victims of domestic violence homicides are male, people in our culture tend to think of DV as a women's issue. We don't have DV Shelters -- we have women's shelters. The Department of Justice division that deals with domestic violence is called the "Violence Against Women" division. The laws against domestic violence are marketed and sold to voters as being all about preventing violence against women. It's an inherently unfair situation and it makes the male victims of domestic violence much less likely to seek or to receive the help they need.

[Edited to correct and add the obvious: not all homicide victims are murder victims. A high percentage of those killed are in fact the abusers in the relationships. But that goes both directions.]

What it boils down to is that this man was entering a very, very dangerous phase of the relationship with the divorce moving forward. Statistically, he was less at risk before those papers were filed.

And that's one reason why DV victims don't "just leave" and it's why they so often have outsiders inserting themselves into the situation. They need those outsiders for financial and emotional support during a very dangerous time, and because domestic abusers are good at preventing their victims from building up resources (financial or emotional), the victims are are extremely unlikely to break free at all if they do not have that outside support.

When you have a stalker -- and victims of DV usually do have stalkers once they leave -- there really aren't any good choices that lead to an easy out. There are only bad choices and worse ones.

DV is the elephant in the living room when we talk about self defense for women, by the way. Even though 30% of DV homicide victims are male, that's still a very, very small number of people because around [40% of male murder victims are killed by people they know. That percentage is uglier for women: around 64% of female murder victims are killed by people they know, and around 35% are slain by intimate acquaintances.] Any woman who carries a gun to protect herself from violent crime really needs to grasp and grapple with this harsh reality. For a guy it might be a distant, unlikely possibility that he will face deadly violence from someone he has loved. For a woman it's a bit more likely than that.

pax
 
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This case highlights the impotence of both our police force and courts.

A very good reason to be willing and able to protect and defend ourselves.
 
When I read this:

The dispatcher then heard Bennett saying, “Don’t you shoot me, b----. Don’t you dare. Don’t,” and then the caller appeared to have been shot.


I lost all sympathy I might have had for the husband. This was a situation that could have been avoided. I believe the man was abusing his wife. No man who is decent to his wife ever speaks like that to her. If a normal man was in this situation, he would have recognized problems with his wife - sought help or moved out long before it came to this. The bottom line is that this is not a tactical scenario that gun owners should be preparing themselves to address with firearms.
 
Perhaps you should reread the article and the timeline. First of all it wasn't the husband that said those words, it was the other woman that was shot and killed. Secondly, they had been separated for over 2 years with her living in Maryland and him in Montana according to the request for a restraining order.

I don't know how you jumped to the conclusion he was abusing her.
 
He knew she had issues, how could he not? Then to be seen with a new gal and a psychotic ex well seems like using gasoline to put out a fire. I see folks do this crap all the time, get into a fight break up get a new playmate from local bar and the fireworks happen.


I knew my wife for over 15 years before we married and didn't realise she had issues until we had been married for almost a year, had no idea what "Bipolar" was either, if I knew then what I know now........
 
If you honestly believe your life is in immediate and otherwise unavoidable danger, go ahead and defend yourself no matter how bad it will look. It's easier to get out of jail than out of the morgue.

I would say such clarity of mind in such an emotionally charged issue would be a rare thing indeed. Because of this:
Any woman who carries a gun to protect herself from violent crime really needs to grasp and grapple with this harsh reality. For a guy it might be a distant, unlikely possibility that he will face deadly violence from someone he has loved. For a woman it's a bit more likely than that.

Men do have stalkers, harassers and other issues from former relationships. Quite a bit really. However men differ in that they do not go to the police normally and when they do seek legal help they don't often get any help. Therefore it is under reported.
No man who is decent to his wife ever speaks like that to her.

What about a crazy stalking soon to be ex-wife he had come thousands of miles to confront him with a gun?
 
This feels like a no win situation IMO, especially since the judge denied a temporary restraining order for him against his wife.

It surely would have dissuaded the ex and stopped the bullets also.

It is a piece of paper.

Its value is lost on those willing to break the law by shooting a persons without just cause.

Murder and attempted murder are illegal also.
 
"No win situation"?

Survival when somebody is trying to kill you is a win. Some wins are better than others, but it sure beats the crap out of losing, especially when you are playing for keeps like that.

It surely would have dissuaded the ex and stopped the bullets also.

It is a piece of paper.

Its value is lost on those willing to break the law by shooting a persons without just cause.

Lawdog sez it so much better:


http://thelawdogfiles.blogspot.com/2008/05/meditations-on-paper-armour.html

This case highlights the impotence of both our police force and courts.

A very good reason to be willing and able to protect and defend ourselves.

Take a gander at the times listed in the article: the cops were on scene ...... heard (some of) the shots .... and that helped...... how, exactly?

When you need help, the police are only minutes away ...... or they might be right outside ......and their help may still minutes away..... I can't say as I blame them, as their job is not to rush in and risk their lives to protect you: You are the only one who can or will protect you. Police officers are there to uphold the law and arrest folk that break it .....
 
When you need help, the police are only minutes away

When seconds count.

Are we becoming the British?

"I say there old chap. shooting me is illegal."

"Do you have a license for that gun?"


Lawdog sez it so much better:

In a whole lot more words.

Attorneys love to speak and write volumes.
They get paid by the word.
 
"Lawdog sez it so much better....."

In a whole lot more words.

Attorneys love to speak and write volumes.
They get paid by the word.

You are obviously unfamiliar with Lawdog ...... definitely not a Lawyer.

Wrong arm of the Law ....... Sherriff's Deputy in "East Bugscuffle", TX ...... and an excellent Wordsmith. Very entertaining reading.......

I especially like "The Snake", "The Rise and Fall of the Nigerian Space Program", "The Infamous Pink Gorilla Suit" , and the one about The Major, House Lizard Commando.....
 
I assumed you linked "The Assasination of Santa Claus", which I had read before ..... but clicked to reread ...... I had not read this! Good Stuff!
 
As far as the Justice of the Peace is concerned. Elections are held for removing those who make stupid decisions.

A restraining order against a husband is pro forma in divorce cases. Little thought is given to the wife as a threat.

The whole thing is a tragic epsode.
 
As far as the Justice of the Peace is concerned. Elections are held for removing those who make stupid decisions.

This varies by state.
Some states have no elected judicial posts.
Remember that Attorney Generals and Sheriffs are executive branch posts
 
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