A jury has found a delivery driver not guilty in the shooting of a YouTube prankster who was following him around a mall food court earlier this year

  • Nahvi@lemmy.world
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    1 year ago

    There is little to celebrate here.

    Victim still got charged with a felony after spending 5 months incarcerated waiting for trial, and has to wait another month in jail to find out if the judge will overturn his final charge.

    Self-described “Goon” still walking around on the streets getting paid for harassing and assaulting strangers. As a bonus, nearly doubled subscribers.

    This case is exactly why DA’s level stack multiple felonies in these cases.

    Jury: Well this is clearly self-defense, but he also probably pushed it too far so we don’t think he is innocent. Better just give him one felony.

    For those that don’t know, the American courts have interpreted the constitutional “right to bear arms” as void for felons. This guy who was just acknowledged to have used his firearm in self-defense, is no longer allowed to own a firearm for his own protection.

    Discharge of firearm in in public building: https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-279/

    • Serinus@lemmy.world
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      1 year ago

      This guy who was just acknowledged to have used his firearm in self-defense, is no longer allowed to own a firearm for his own protection.

      Good. Because that wasn’t self-defense, and he clearly doesn’t know what situations are appropriate for lethal force. Neither his life nor property were in any danger.

      That doordash guy shouldn’t own a gun.

      • Nahvi@lemmy.world
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        1 year ago

        You know that his life wasn’t in danger because you know it was a prank. The defender here did not have the benefit of that knowledge.

        When someone nearly a foot taller with 50 more pounds of muscle gets in your face and starts accusing you of thinking about their private parts, then you get to decide if self-defense is necessary. The defender tried to get away from the aggressor multiple times and told him to stop multiple times, but the aggressor obviously kept engaging.

        Do you think he should have waited until the giant started punching or kicking him before he decided to draw his weapon? Should he have tried to punch the giant instead of using the weapon he has? Do you think you could outrun someone taller and in better shape than you are?

        If the defender had multiple self-defense options he might have chosen another, but all of this is arm-chair quarterbacking. We weren’t there and the person that was chose the only real defense option they had.

        This situation is entirely the Goon’s fault. He should be the one facing charges. While it might be reasonable to recommend a self-defense course for the victim, my understanding is that he already followed good self-defense principles.

        Edit: Also, since no one else is saying it, I will. If the victim happened to have been gay, the aggressor probably would have been charged with a hate crime. The goon was clearly accusing him of it.

        • AA5B@lemmy.world
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          1 year ago

          I see the argument for self-defense but that is not the same as using lethal force. Nor is it the same as opening fire in public.

          • Nahvi@lemmy.world
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            1 year ago

            I think that is a reasonable stance, one I even mostly agree with. If any of the charges were misdemeanors, I might even have let that one through myself with time served and a request to take a firearm safety or self-defense course. However, I think the judge would still be having to decide whether to throw it out in a month.

            However, once you say the self-defense is justified, trying to tack on additional charges is pretty unfair to the defendant. If he had another method of self-defense with him, he might have used it, but he only had the firearm and he used the minimum amount of force possible with that tool.

            As I said below:

            The driver owning a gun is not a danger to random members of society. His actions clearly indicate he is willing to deescalate the situation and try to walk away before defending himself. Even when he did fire, he didn’t unload the chamber at the aggressor and his friend, he fired a single round while continuing to try and leave. It was the bare minimum for the weapon he had available.

            It would be pretty reasonable to lay the entire situation at the feet of the instigator. I will be interested to follow a civil case if the defendant attempts to sue the aggressor.

        • Serinus@lemmy.world
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          1 year ago

          There wasn’t a threat or posturing like a bar fight. There needs to be some actual positive evidence to be able to claim you fear for your life. Even cops make up those reasons.

          Seems to me that people are just happy about the annoying guy getting shot for shitty behavior, and they’ll rationalize it however needed.

          • Nahvi@lemmy.world
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            1 year ago

            There wasn’t a threat or posturing like a bar fight. There needs to be some actual positive evidence to be able to claim you fear for your life.

            You don’t need to fear for your life just your safety. Those guys cornered him up against the counter and then followed him when he tried to get away, despite repeated requests to stop.

            Seems to me that people are just happy about the annoying guy getting shot for shitty behavior, and they’ll rationalize it however needed.

            There are plenty in this post that would take that stance. However, I am not one of them, and nothing in my comments indicates otherwise.

            The driver owning a gun is not a danger to random members of society. His actions clearly indicate he is willing to deescalate the situation and try to walk away before defending himself. Even when he did fire, he didn’t unload the chamber at the aggressor and his friend, he fired a single round while continuing to try and leave. It was the bare minimum for the weapon he had available.

            At any point, the self-described “Goon” could have ended this hostile interaction by just standing still.

  • xkforce@lemmy.world
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    1 year ago

    Cook said he continues to make the videos, from which he earns $2,000 to $3,000 a month.

    Professional asshole gets shot and learns nothing. All over 2 to 3k a month. Dude could literally work at mcdonalds and make that kind of money.

    • Astroturfed@lemmy.world
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      1 year ago

      I’d rather get shot than work at McDonald’s. Have you worked a low wage customer facing job? Literally anything is better. I’d rather have children kick me in the balls all day.

      • OrangeJoe@lemm.ee
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        1 year ago

        But you would also have to be a total asshole and go around harassing strangers who are just trying to get on with their lives.

      • Lev_Astov@lemmy.world
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        1 year ago

        Having worked in fast food and factories, I’d much rather the fast food work than any kind of repetitive factory work.

      • bassomitron@lemmy.world
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        1 year ago

        I’d rather get shot if it was a mild wound and I didn’t have to pay the medical bills afterwards*.

        America, the land of opportunity!™

        • merc@sh.itjust.works
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          1 year ago

          It’s interesting, the YouTuber clearly doesn’t have medical insurance through his job because… well he makes YouTube videos for a living. He was shot, so that was presumably a huge medical expense. I wonder who’s paying his bills? His parents?

          • Kite@sh.itjust.works
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            1 year ago

            So long as you pay something on a bill, you generally don’t have too much of an issue. I can’t tell you the number of people I know that are making $5 a month payments on $$$ medical bills. One of my coworkers and his wife had separate major health emergencies that put them in the hospital within 3 days of each other. She was in for months, he was in for weeks. Their combined bills after insurance is just over $500,000. $5 a month.

            I have a feeling I’m going to be having surgery sometime in the near future, and I’ll be joining that $5 crowd, because I’m still getting bills from a host of tests run at the beginning of the year that I’m paying on. I’m pretty much tapped out at this point.

    • givesomefucks@lemmy.world
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      1 year ago

      Do what you love, and you’ll never work a day in your life…

      This kid loves being an obnoxious asshole, it’s his calling.

    • ikidd@lemmy.world
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      1 year ago

      He’s working up his immunity by getting shot with smaller calibers first, by the time he’s making 10k/month, he’ll have himself immune to high-caliber rifle rounds from people that are trying to kill him from a distance.

    • WarmSoda@lemm.ee
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      1 year ago

      What McDonald’s are you working at for $25+ an hour?.

      Don’t listen to me

        • WarmSoda@lemm.ee
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          1 year ago

          You’re right, my bad. I’d like to blame the bad math on it being early morning… But it’s just me being dumb.

          • prole@sh.itjust.works
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            1 year ago

            Don’t apologize, their math is wrong too. That might be their gross pay, but their take home is likely ~2/3 of that.

            • WarmSoda@lemm.ee
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              1 year ago

              That’s fine. How would you expect anyone in a conversation like this to apply taxes? Which city, county and state are you going to use for those calculations?

              • prole@sh.itjust.works
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                1 year ago

                Are you purposely missing the point, or…? Seems like you’re just trying to argue for the sake of arguing.

                I’m good.

        • prole@sh.itjust.works
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          1 year ago

          Well that’s not take home. They’d prob be taking home around 2/3 of that. So more like 1,300 at $12.50/hour if my quick math is right.

            • prole@sh.itjust.works
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              1 year ago

              Huh? I’m just saying that someone making $12.50/hour, working 40 hours a week, isn’t taking home anything close to $2,000.

              • xkforce@lemmy.world
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                1 year ago

                And neither is the youtuber which is exactly the point I was making. That theyre being a cunt to other people over what amounts to be a minimum wage job.

                Being a youtuber does not magically make you not subject to the exact same taxes that everyone else is. They are not taking home all of what they made any more than a mcdonalds worker does. In fact, being self employed means you are paying the other half of the medicare/social security tax not just half of it directly with most jobs.

                • prole@sh.itjust.works
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                  1 year ago

                  Please look at usernames, I’m not the person you’re arguing with. I just corrected the person who said people who make $12.50/hr are making $2k a week because that’s absurd. That’s all.

  • Candelestine@lemmy.world
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    1 year ago

    I feel like every person in this thread that cannot fathom how he feared for his life has never had personal experience dealing with someone with severe mental illness, in their family or in public or something. Direct experience, though, of interacting with a large, loud, mentally ill person.

    If you think you can just assume a stranger you encounter who shoves a phone in your face is mentally healthy, you’re missing some facts of life.

    • PatFusty@lemm.ee
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      1 year ago

      You dont need to have dealt with mental illness to have that feeling… you just have to had trauma in the past. I have been jumped 2 times in the past by gang members, and you bet your fucking ass I get absolutely anxious if some stranger gets up to my face… good times

    • merc@sh.itjust.works
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      1 year ago

      If you think you can just assume a stranger you encounter who shoves a phone in your face is mentally healthy

      Man, you really moved the goalposts to another time zone in just 2 paragraphs.

    • Salamendacious@lemmy.worldOP
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      1 year ago

      I work with people with mental deficiencies and emotional issues. Some of them are significantly bigger than I am.

      • Candelestine@lemmy.world
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        1 year ago

        Can you then not empathize with how this delivery driver was afraid for his life? Not necessarily taking his time and thinking through his options, but reasonably in an actual state of irrational fear?

          • Candelestine@lemmy.world
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            1 year ago

            That’s fine. But it does mean there was no malice, as the jury eventually decided as well. He could have reasonably been afraid for his life, as he had no way to know if this 6’5" individual was sane or very much not.

              • Candelestine@lemmy.world
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                1 year ago

                Not a very good idea when you’re already inside grappling range. A handgun becomes useless if a much stronger person seizes the hand that you are using to hold the gun. Additionally, if your first few shots fail to stop him, perhaps he’s on powerful drugs and you have a bad angle, then he can kinda just rip your face off anyway, since he’s already there. Or he could attack with a hidden knife, that’d be unpleasant.

                This tells me you have no actual personal firearms training, no one with any training (and sense I suppose) would advocate for threatening an unknown assailant with a point blank gun.

                The question becomes, could it reasonably have been perceived as an assailant. And that is a subjective question, a matter of opinion. Answering these questions is the job of juries, and they did so.

                Also, I have at no point argued the charges were unreasonable. The charges were reasonable, this was not a clear-cut case. The verdict was also understandable and reasonable, that’s all.

                Oh, and if you “fuck around”, you might “find out”. This is an important life lesson in general, that almost everyone learns at some point in their teens to 20s. If they make it that long, without getting shot by a doordash driver for a dumb prank.

            • jimbo@lemmy.world
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              1 year ago

              Okay, but you can’t just shoot someone because you’re not sure if they’re sane. You get that, right?

            • AA5B@lemmy.world
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              No this is exactly where carrying a weapon is bad. The guy had reason to act in self-defense, however potentially lethal force is a harder sell, and boasting away in a crowded place is wrong. If the guy didn’t have the gun, or otherwise defended himself without it, we’d all be cheering and justice would be swift

    • kameecoding@lemmy.world
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      1 year ago

      the fact that you think mentally ill means it’s okay to shoot him means you have lived a bit too long in the dystopiam shithole that’s the USA.

        • kameecoding@lemmy.world
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          did I? or did I just make the logical conclusion feom thwir words, he just said lthat you can’t assume someone is mentally healthy when he approaches you and puts a phone in your face, he said many people don’t understand the trauma of dealing with mentally ill people and feeling threatened thus justifying the actions of the person who shot the youtuber.

            • kameecoding@lemmy.world
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              I really did not, what else is there to interpret from his words?

              as long as you feel threatened and you have past trauma with mentally ill people, you can shoot them in a public place and call it self-defense, it’s just how the US works.

              • Melllvar@startrek.website
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                1 year ago

                Obviously, that being on the receiving end of a someone’s mental health crisis is often frightening and upsetting.

                Your interpretation, that they meant that “it’s OK to shoot the mentally ill”, is absolutely ridiculous.

                • jimbo@lemmy.world
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                  How is that a ridiculous when OP was defending a guy who shot someone by saying “every person in this thread that cannot fathom how he feared for his life has never had personal experience dealing with someone with severe mental illness” and “If you think you can just assume a stranger you encounter who shoves a phone in your face is mentally healthy, you’re missing some facts of life”.

                  What in the world else do you think that could have meant other than that it’s okay to fear for your life and defend yourself with deadly force because someone is acting mentally ill?

        • jimbo@lemmy.world
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          At what point in that small reply do you see him saying that?

          The entire comment. The topic is fearing for one’s life and defending oneself with a gun, and this guy basically says that it’s right to fear for your life because someone might be mentally ill. Comment again so you don’t have to scroll up:

          I feel like every person in this thread that cannot fathom how he feared for his life has never had personal experience dealing with someone with severe mental illness, in their family or in public or something. Direct experience, though, of interacting with a large, loud, mentally ill person.

          If you think you can just assume a stranger you encounter who shoves a phone in your face is mentally healthy, you’re missing some facts of life.

        • Maggoty@lemmy.world
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          1 year ago

          You’re going to headbutt someone half a foot taller than you? Do you wings? Spring boots?

          What are you going to do next?

          • ASeriesOfPoorChoices@lemmy.world
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            1 year ago

            Gut/nut punch to get them to double over, THEN headbutt. Or even just pull them into you by their shirt. It’s not overly difficult once you know what you’re doing, but don’t celebrate your ignorance of hand to hand combat like it’s actual knowledge.

            • Maggoty@lemmy.world
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              1 year ago

              Lmao … he says to a combat veteran…

              This shit ain’t Hollywood. You aren’t doubling someone over unless you’ve trained pretty hard. And even then it’s not guaranteed. Your mugging will not be choreographed.

                • Maggoty@lemmy.world
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                  1 year ago

                  Funny. I’m not saying I’m any kind of in shape these days, just that I once was. But I was in some glasgow pubs earlier this year. Maybe you had a specific one in mind? All the ones I saw were really welcoming to a couple Americans.

  • athos77@kbin.social
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    1 year ago

    These are the types of people who don’t understand consent. They shove a camera six inches from your face, say nonsensical bullshit, keep following you when you back up, don’t listen when you repeatedly say No and Stop, yet are all shocked Pikachu when someone finally has enough. Fuck these “pranksters”. I hope his next injury is worse, because we all know this literal warning shot wasn’t enough and he’s going to continue.

    • merc@sh.itjust.works
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      I don’t think a shot in the abdomen counts as a “literal warning shot”. I think it’s more of just a shot shot.

          • Haziiieeeeeee@lemmy.world
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            1 year ago

            Homeboy still ain’t dead is he? He was told to stop 3 times and kept doing his bullshit.

            I have no sympathy. Maybe fuck off when you’ve been asked to stop 3 times. Maybe the next person he tries this on will have better aim.

              • A_Random_Idiot@lemmy.world
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                1 year ago

                Exactly.

                Also warning shots are stupid and dangerous.

                If you are in imminent enough danger to be discharging your firearm, It should be discharged into the danger.

                By firing warning shots, you are showing that you are not in imminent threat, because if you were, you wouldnt be wasting time shooting into the air or off to the side, both of which has a decent probability of ruining some innocent persons good day.

              • Breezy@lemmy.world
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                Whats the guy supposed to do, just shoot up in the air? Or maybe carefully aim and shot by his foot just enough threaten him? Or maybe just show the gun to this much bigger guy whos already harrassing him? Any of those situations could either result in a bystander getting hit, or the victim getting killed when his assualter pulls his own gun out.

                He did the right thing to protect himself. However he should not have been placed into this situation, all the fault should fall on the aggressor. But instead this victim is being held in jail and might be charged a felony for protecting himself from some deranged youtube asshole, WHO IS PROFITTING FROM THIS CRIME. The victim wouldve been better off if he had got a kill shot.

                • Serinus@lemmy.world
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                  1 year ago

                  I think if the Youtuber dies, the jury convicts him. It shouldn’t be a factor, but you know it is.

                • SpiderShoeCult@sopuli.xyz
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                  I know! He was supposed to go all Yosemite Sam on his ass and yell ‘dance, partner!’ while discharging his firearm at the assailant’s feet very quickly. Hillarity would have surely ensued! /s

                • merc@sh.itjust.works
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                  Whats the guy supposed to do

                  Back away, run away, call 911, get a mall cop to help, throw a punch…

                  Literally just about anything other than try to kill another guy.

                  I mean you actually admitted it yourself without meaning to: “guy whos already harrassing him”. Harassing isn’t threatening. It’s annoying, but it doesn’t make you fear for your life. The other guy didn’t have a weapon, didn’t make physical contact, didn’t threaten him, he just aggressively harassed him. Nobody should die in that situation.

    • spider@lemmy.nz
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      I hope his next injury is worse, because we all know this literal warning shot wasn’t enough and he’s going to continue.

      …trying to out-Jackass Steve-O.

  • Mossy Feathers (She/They)@pawb.social
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    1 year ago

    A) it says he was acquitted of one charge, but convicted of another. I’m trying to figure out what the second charge was, except

    B) all the news sites that popped up at the top of Google search are literally identical. Cool.

  • A_Random_Idiot@lemmy.world
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    1 year ago

    Good.

    Man doesnt deserve jail for shooting the piece of shit.

    he deserves a medal, and a license to go do it to more of those tiktok assholes.

    • Serinus@lemmy.world
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      They’re both pieces of shit. You shouldn’t shoot someone without a reasonable fear of your life (or arguably property) being in danger. This situation wasn’t there yet. The fuckface was just being intentionally annoying.

      The Youtuber should be in jail for harassment or assault. The shooter should be taking a nice plea deal for a low amount of prison time.

      You can’t just shoot someone in the middle of the mall because they’re annoying.

      • at_an_angle@lemmy.one
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        After watching the video of the incident, I don’t blame the driver for shooting him at all.

        The “prankster” was acting really creepy and was being right up in the guys face after being asked to stop. Even after trying to walk away, the “prankster” still came right up to him, holding his phone right up to his face.

        Fuck that guy. He deserved to get shot. He said he’s gonna keep making those videos, and I hope he gets shot again, but hopefully the next time is the last time.

        • A_Random_Idiot@lemmy.world
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          Yeah, all the people crying about how unjustified the shooting was, would probably shit their pants if two huge guys came up to them, were physically aggressive while chasing and trying to corner them and constantly in physical contact and shoving shit in their face.

          You have no idea its a couple of dickheads making a video because they think harassing innocent people is funny. For all you know you’re about to be assaulted, robbed, or worse by someone that should be in a mental health facility.

  • Breezy@lemmy.world
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    This is such a bad ruling. Not only does that jackass get off with no punishment he is even being rewarded for his crimes! Setting the precedence for other pranksters to assault people more and more, and when they fuck around and find out, all they’ll be finding is more viewers and more money.

    Should dude had shot him? Thats not my place to say, but if he did indeed feel threatened, which the jury agreed, then he should not be punished for reacting to being assaulted like this.

    Its like some people online want the victim to get in trouble for simply owning and carrying a gun, its ridiculous! The victim was being assualted full stop! Not his fault for using what his legally own gun is meant for.

    • 🇰 🌀 🇱 🇦 🇳 🇦 🇰 ℹ️@yiffit.net
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      Uh… the guy who shot the YouTuber isn’t being punished; they found him not guilty. The YouTuber isn’t being punished because this case wasn’t about his actions, it was about the dude who shot him. He’s not being rewarded, though.

      The only weird part about the ruling is the jury wants to convict on the “gun charges” (that’s what the article referenced, doesn’t say what that means) but acquitted him on the shooting.

      • Breezy@lemmy.world
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        The victim is being punished! He is recieving a felony for protecting himself just because it took place in a building. And that dumb youtuber was rewarded by having his followers almost double after the fact, which equates to more money, while the victim is sitting in jail.

      • athos77@kbin.social
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        The only weird part about the ruling is the jury wants to convict on the “gun charges” (that’s what the article referenced, doesn’t say what that means) but acquitted him on the shooting.

        The original three charges (I don’t know if any were modified later) were “aggravated malicious wounding, use of a firearm in the commission of a felony, and discharging a firearm within a building”. In Virginia, use of a firearm in the commission of a felony acts as a multiplier charge for malicious wounding. My guess is that he was acquitted of malicious wounding and use of a firearm in commission of a felony, and convicted of discharging a firearm inside a building.

    • jimbo@lemmy.world
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      This is such a bad ruling.

      It’s not a ruling. That’s what judges do. This was a verdict, which is returned by a jury.

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    Although I don’t like the guy pulling the pranks, he should not have gotten shot. A gun is a weapon of last resort. The consequences are irreversible.

    Would I liked to have seen him get pepper sprayed, punched, or tazed though? Hell yeah!

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      I mean, he got shot and he’s recovered so… in this case the consequences were definitely reversible.

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    Pulling out a gun should have a VERY HIGH bar. This kid is clearly an idiot but was the bar high enough to kill him?

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      From the description of the incident, it definitely sounded like he feared for his life. A 6 foot something guy keeps advancing on him, asking why he’s thinking of the guy’s penis. He tells the guy to leave him alone multiple times, but the guy keeps advancing. He retreats multiple times, but the guy keeps at it. He even tries knocking the phone out of the guy’s hand, but the guy keeps at it.

      It definitely sounds like the guy was afraid of where this was going and tried all of the non-lethal options (retreat, tell the person to stop) before resorting to pulling out his gun. The YouTube “pranker” has nobody to blame but himself. He should have stopped when asked instead of repeatedly pressing the defendant for a YouTube “prank” video.

      (I use “prank” in quotes because I don’t consider this type of thing a real prank. It’s just a guy acting like an idiot and calling it “a prank.” A real prank should leave all involved laughing when it’s revealed, not leave one person fearing for their life.)

      • jimbo@lemmy.world
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        From the description of the incident, it definitely sounded like he feared for his life.

        No it fucking doesn’t. The whole thing lasted less than 30 seconds and the driver never tried to retreat. He told the prankster no a few times, tried to swat the phone out of his hands, and then shot him. It’s not shocking that the jury had a difficult time coming up with a verdict.

        • TechyDad@lemmy.world
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          The driver did try to retreat:

          In the video, Colie says “stop” three different times and tries to back away from Cook, who continues to advance.

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        Well like the article said, he fucked up by shooting immediately after drawing the weapon, instead of giving Cook (the YouTuber) a chance to see the gun and finally back off. I agree with their decision to keep him in jail because of that one simple fact. The guy should have warned him that he was going to shoot if Cook didn’t back down.

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          This is wrong and will firmly land you on the wrong side of the law in many places. Pulling a gun is a last resort to defend yourself when de-escalation doesn’t work. You pull the gun when you’ve already determined that you have to fire it. Otherwise you’re just escalating and making the situation more dangerous for yourself and any bystanders. This is also why I don’t carry a gun in the first place even though I might legally be allowed to.

          • Psythik@lemm.ee
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            Hey I never said that he should draw the gun before the warning. Warn first, then draw if they still keep advancing.

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              Brandishing a firearm can be illegal even if you don’t draw it.

            • Ducktape@lemmy.world
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              I get what you’re saying, but even just making the threat without pulling a weapon is enough to get a charge in some places. In any case I don’t think we should be carrying guns around in our day to day as if it was normal anyway. It’s kind of like wearing a rubber suit all the time because you’re worried about lightning strikes.

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                Better to have it and not need it than need it and not have it. Can’t fathom you people that don’t get this.

                • Ducktape@lemmy.world
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                  Are you living somewhere abnormally dangerous? You are far more likely to use it when it isn’t needed. It’s the worse bet for most people and if you can’t understand that then your fear is blinding you. This is like someone with OCD saying it’s better to wash their hands constantly “just in case”. Sure maybe you don’t wash your hands for the 20th time one day and catch ebola, but more likely you just destroy your hands over time.

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      Running a youtube prank channel should justify a drone strike.

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          He did try to back away. And punching someone significantly larger than oneself is generally unwise.

          • merc@sh.itjust.works
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            He didn’t continue to back away. He didn’t run. Punching someone bigger is unwise, but not as unwise as trying to kill someone who arguably didn’t even commit a crime.

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        the whole point of firearms is that it’s deadly force. you can’t fire one at a person without being ready to take their life because it’s always a likely outcome.

        • El Barto@lemmy.world
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          But no one was killed. You can’t put a person in jail for shooting at someone else assuming that their intent was to kill.

          This is coming from someone who despise the idea of owning a gun.

          • kent_eh@lemmy.ca
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            But no one was killed

            That’s just luck.

            An inch either way that bullet could have been fatal.

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            You can certainly put them in jail for attempted murder. And that doesn’t require proving they intended to kill that person, it only requires “conscious disregard” of whether their action could kill someone. For example, randomly shooting into someone’s house.

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      I am not a lawyer. So everything I say could be wrong and every state is different but generally I think there’s a five point test for claims of self defense: Avoidance, Innocence, Imminence, Proportionality, and Reasonableness.

      Avoidance is moot because I think this is Virginia and I think they have a no-retreat provision. Innocence is just that you didn’t willingly engage in a fight that got out of control. So that applies. Imminence applies because it happened in the moment. I just don’t see how Proportionality applies here. I just don’t see how holding a cell phone is proportional to a shooting. Emotionally I get it that the YouTuber is a major jerkwad and may have deserved a comeuppance. But I don’t think the jury followed the law.

      I’m not a lawyer. Everything I said there could be wrong

      • Can_you_change_your_username@kbin.social
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        I kinda waver on reasonableness for cases like this but I generally think using a weapon against an unarmed aggressor is reasonable when there is a significant size disparity or a disability or something like that. In this case the “prankster” was significantly larger and had a group of friends with him so I don’t think it’s out of the question that the use of a gun for defense is reasonable in this situation.

      • JoeBigelow@lemmy.ca
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        If the defendant has been carrying a less lethal self defense measure, such as a taser, mace, or a baton, and had used that to defend himself, would you see that as more proportional?

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        I’m happy he didn’t die over this, but I’m also kind of happy he got a little fucked up over it.

        I tend to think about these situations with small people as the initial victim. How far should a smaller person or woman let something go before they can defend themselves? If the person is way, way bigger, do you just have to let yourself get beat?

        • AbidanYre@lemmy.world
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          He’s still making videos, so apparently he didn’t actually learn anything from the experience

        • Salamendacious@lemmy.worldOP
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          I honestly don’t know what the right answer is here. I don’t like that it seems like it’s easier to shoot someone because of a threatening feeling. This makes me think of Trayvon Martin and George Zimmerman. People will say these are completely unrelated cases but both involved a shooting and a claim of self defense. Again I don’t know what the answer is.

          • PsychedSy@sh.itjust.works
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            In that one I think ol’ zimmy kinda deserved it and I wasn’t happy with the charges/trial results.

            I don’t think it’s the same at all, though. Zimmerman was the OG aggressor. He fucked around, found out and got butthurt and killed a kid.

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      I guess not according to Lemmy, lol. I don’t care if the youtuber was. the size of Shaq, you can’t just shoot someone for showing a phone in your face not even if he is following you.

    • neptune@dmv.social
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      This sounds like jury nullification more than an actual legal judgment.

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    I know everyone loves when YouTube pranksters get whats coming but shooting someone over a mild annoyance is never a good thing. This is why america seems fucking nuts to anyone that doesn’t live there.

    • FooBarrington@lemmy.world
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      Somebody approaching you, even though you’re trying to move away and telling them to stop, is not a “mild annoyance”. It’s dangerous because weapons are so freely available. It would be better if they weren’t, but while they are, you shouldn’t do something like this.

      • Grimy@lemmy.world
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        It’s not enough to shoot someone in any civilised country.

        It’s important to realize that the confrontation lasted 30 seconds. That’s the amount of time he waited before almost killing someone.

        He wasn’t being chased in a dark alley or stalked for half a hour, someone played loud noises in his face and it took a total of 30 seconds for him to decide to shoot someone over it. Literally insane.

        • FooBarrington@lemmy.world
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          It is in a civilized country where you have to assume everyone has a gun.

          It’s important to realize that the confrontation lasted 30 seconds. That’s the amount of time he waited before almost killing someone.

          Yes, I do realise that, and I did realise it when I wrote my initial comment. What is your point? That someone can’t become dangerous towards you if your interaction lasts 30 seconds or less?

          He wasn’t being chased in a dark alley and stalked for half a hour, someone played loud noises in his face and it took a total of 30 seconds for him to decide to shoot someone over it. Literally insane.

          See, if your point only makes sense due to leaving out important details, it’s not a good point. He wasn’t shot because “someone played loud noises in his face”.

          • kent_eh@lemmy.ca
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            a civilized country where you have to assume everyone has a gun.

            One of these things is not like the other

        • SheeEttin@lemmy.world
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          30 seconds is a long time for someone to be harassing you. I can see why it escalated.

          But it still doesn’t justify deadly force. That’s a last resort.

      • Grimy@lemmy.world
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        Yes. Your country has a shit reputation because of the gun cult, the shootings, the constant war mongering, the blatant racism and homophobia, and the Christian lobby that fuels all of the above.

        Being the world’s economic leader doesn’t mean your internal policies can’t be shit, grow up.

        When Trump was visiting foreign countries, they literally flew giant ballons mocking him lmao.

        • El Barto@lemmy.world
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          Lol Trump is not president anymore. Guess why.

          Plus my point still stands.

          You said “anyone” thinks America is fucking nuts. And yet people are willing to immigrate illegally. Do they think America is fucking nuts too?

          • doleo@lemmy.one
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            Yes, they probably do think America is nuts, they just don’t have any choice. You think they’re migrating because they want to attend barbecues in parking lots before football matches?

            • El Barto@lemmy.world
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              There are less nutty places to go, in that case. Yet, they prefer America.

              And yes, barbecues and football matches are, in a way, a representation of peace and prosperity.

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          war mongering

          Nowadays when the US gets involved in a war, Europe generally joins them.

          the blatant racism

          Blatant racism is found throughout Europe.

          homophobia

          Has Italy legalized gay marriage yet? No? Can gay Italian couples at least adopt children? Oh, that’s a shame. How about Greece? Huh.

          Christian lobby

          Several European countries have major political parties with Christian in their very name. One European country even founded their own state religion.

          Trump was visiting foreign countries

          Italy practically invented the media-buffoon/fascist-politico/laughingstock combo.

          And Trump, like Berlusconi, is no longer in power. But Meloni and Orban still are.

    • Tathas@programming.dev
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      Ask any female friends or relatives of yours how they would feel if a 6’5” man continued to approach them and ask what they thought of his penis. See if they think it’s a mild annoyance.

      My wife is 5’2". She’s been physically pushed around by a man in the past. I’m 5’11" and if I get upset at her, she will cower. If I advanced on her threateningly, she would panic. If a stranger who was half a foot larger than me did, she would absolutely fear for her safety.

      • FooBarrington@lemmy.world
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        Yet they all line up trying to get in.

        Sure, everyone wants to get to America. Except that more Americans are trying to move to many first world countries than the other way around. Kinda makes you think, right?

        Believe it or not, turning every country into Britain isn’t as appealing as some of you seem to think.

        If the only good thing about your culture is the use of weapons, your culture isn’t as appealing as you think.

          • FooBarrington@lemmy.world
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            I was specifically talking about net migration with individual countries. You can usually find the statistics for a specific country, I don’t know of a good overview for all.

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        Yet they all line up trying to get in.

        There’s ~7.6 billion out of the ~8 billion people in existence who are not in nor lining up to get in.