Never said it was the Zimmerman case, just that’s it’s more analogous. We can agree to disagree on that point. I’m not saying you have the facts or law wrong. Obviously you know what you’re talking about. But I would say you’re thinking as if you’re writing a legal memo. Do you think the fact that the woman texted her brother(s) to basically shoot Rudolph, the fact that they went to his house and attacked him, the fact that the video shows the woman hit Rudolph first, the fact that they had a gun either on them or in their car, the fact that she was married to another man won’t have any sway on the jury? I know legally these facts don’t really matter, but we are talking about a jury trial.
If I was Rudolph, and people attacked me. Then I saw them go to their car. It would definitely cross my mind that they were maybe going to their car to get a gun. I think that’s a reasonable belief. We’ve all heard stories of people going to their car to get a gun after being in a physical altercation. Now once they start driving away, obviously it’s difficult to “legally” argue your life was still in danger, which is why the judge denied the stand your ground defense. But with all the facts present, I don’t think anyone can be surprised if a jury says not guilty or has a hung jury…Just from people’s responses in this thread shows that is very real possibility.
Look, you can spin this any way you want. I said what I said. This isn't about "writing a legal memo". This thread is 2 years old. Someone recently bumped it, and several people misstated wild non-law-school-grad takes on legal issues. I'm just trying to provide context and explanation to some folks who may not be aware of, say, why "stand your ground" does not apply here, and I only took issue with one hardhead who kept pressing his own personal opinions on what the law is, or should be.
As for your take on the facts, it really doesn't matter. We both know why those less relevant issues are being presented, and it's for jury nullification purposes.
All I'm asking FROM YOU is to be honest.
1. "The woman texted her brother(s) to basically shoot Rudolph". And? Outside of trying to gin up jury nullification, WHAT DOES THAT MEAN? First, if people were indicted and convicted for their angry/upset texts, half of America would be doing jail time right now. Second, and more importantly, where is the evidence that the four men did ANYTHING to follow through on her angry texts? Did these four guys show up at Rudolph's door with guns drawn and holsters full of ammo refills? NO. Therefore, the use of texts to show HER frame of mind has nothing to do with anything outside of emotions. I can ask you to commit a crime. That doesn't mean you have to do it.
2. This "attack". Be more specific, please. Did four guys show up to confront Rudolph, based on (sadly) an exaggeration of the situation? Sure. But arguments and misunderstandings happen all the time. Here's a thought...if you JUST had an argument with a female, and then four guys (some of them related to the female) show up at your front door, DON'T OPEN THE DOOR. Or at least open the door WHILE HOLDING A GUN. Either response is fine and legally permissible, and would not have resulted in a trial for Rudolph. But opening the door unarmed, and then LATER running back into the house and chasing guys down to execute them IS WHY RUDOLPH IS IN A TRIAL RIGHT NOW. So...I don't know...maybe choose the decision that will not ruin your life for two years while you prepare for trial and spend your life savings on a defense attorney? Right?
3. I don't know why you think the video of her hitting Rudolph earlier in the day means anything (outside of jury nullification). Here's a thought. Don't have an affair with a married woman and/or cheat on that married woman. It doesn't take a lengthy search of this board to find a bunch of posters who like to tell the rest of the board how the *** is SO HOT with a "crazy woman". And then later, these same posters will BEMOAN the fact that some "crazy woman" accused some friend-of-a-friend with something and now that guy is doing 200 years in jail or some such nonsense. So, again, I'm just spitballing here, maybe avoid crazy people and bad decisions made by crazy people, right? OR ELSE, if you play with that kind of fire, maybe wear some flame-retardant clothing and keep a fire extinguisher handy.
4. Finally, I'm going to skip a bunch of the rest of your post and go to ONE THING you wrote near the end. Which is that you think it's a "reasonable belief" that people "going back to a car" are going to retrieve a gun.
a. At THAT MOMENT, Rudolph is unarmed. So WHY would anyone need to "go back to a car" to retrieve a gun, particularly with a 4-on-2 advantage? And why, if they are willing to shoot an unarmed man, would they have left the proverbial cannoli in the car? Why wouldn't they have brought the guns FROM THE OUTSET? First, they have no idea what they are facing, exactly, so why wouldn't you "overprepare"? Second, people have claimed that they went there with "violent intentions", but why would they start out with a "peaceful" approach not involving guns from the beginning, if they are so prone to go and get the guns later?
b. If we are supposed to have a "reasonable belief" that every retreat, every situation where someone walks away, is just "I'm going to my car to get my gun", then not only are we going to have a lot of neighborhood violence, we are also going to have a lot of INCORRECT ASSUMPTIONS that lead to needless bloodshed. Because IF IF IF "going back to the car" was such a reasonable predicate for "I'm coming back with an ****nal", then it would HAPPEN MORE in real life (not just John Wick movies) and there would be a lot more stories about neighborhood gun battles. Or, you know, such an assumption of "going back to the car to load up" might be completely unwarranted, right?
Maybe there will be a hung jury. Maybe. But unlike some of the dopey "Team Rudolph" fanboys, this is not a binary all-or-nothing case. People on BOTH sides of the argument should be convicted of crimes. Maybe the prosecution offered immunity, and we won't see charges against the female or the guys who confronted Rudolph. But to act as if Rudolph should "walk free" is to ignore the lengthy series of bad choices he made that have complicated the last two years of his life and finances.
People cheat all the time. People argue all the time. Domestic violence happens all the time. But the reason why there aren't more neighborhood gun battles involving 39 rounds of semi-automatic gunfire is that most people make better decisions, either to "not open the door" or to "call the police" or to "not run outside like you're John Wick".
I feel bad for Rudolph, I really do. I could definitely see a "lesser charge" being an agreeable compromise. But you have to step back and look at what really happened. Just be honest.