I was not debating the fact that he would be found guilt. I was merely stating that most of you, luckily, have never been in that sort of situation. You don't know what you're capable of until you find yourself in that situation.
I agree, the man on the floor posed no threat, but his adrenaline was probably pumping, he in no doubt was caught up in the moment.
Given that his first shot was a headshot, I think there is a distinct possibly he would have died anyway. Not that this is the point I'm trying to make.
The rules on self defense are funny. You can defend yourself, but then there's excessive force. Also, if you've had any training, martial arts or military, then you can be viewed in a different light for defending yourself lethally.
I see you focusing on the fact that he grabbed a gun, loaded it and emptied the contents of the gun. Does it make a difference if it took 5 minutes to load the gun before he fired it or only 12 seconds? If it was a shorter time, maybe he has had training with firearms making his decision a lot less rash than it appears.
There are just too many factors and too many details I do not have to make a full argument against this ruling.
warprincenataku said:
Unless you've been in a situation like that, you'll never know what you will do and what may transpire.
I'm aware of the historian's fallacy, but for the justice sytem to work we still have to come to certain conclusions with the information we have. In which case, I ask you what possible threat was Parker posing when Ersland
turned his back to him, grabbed a second gun, loaded it, and unloaded it into a wounded man and was the threat significant enough to warrant five bullets? If you can not think of a threat then logically you would have to say that he is guilty of murder.[/quote]